JOURNAL. HOUSE of REPRESENTATIVES GENERAL ASSEMBLY STATE OF NORTH CAROLINA G*, EXTRAORDINARY SESSION 1938 OF THE

Transcription

1 JOURNAL OF THE HOUSE of REPRESENTATIVES OF THE GENERAL ASSEMBLY OF THE STATE OF NORTH CAROLINA G*, EXTRAORDINARY SESSION 1938

2 I Hayesville Fayetteville i Thomasville 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 (D Charles R. Zickler (D D. P. Taylor (D F. E. Thomas (D J. B. Hash (D T. P. Dellinger (R S. M. Blount (D C. W. Spruill (D Lloyd S. Elkins (D R. E. Sentelle (D George W. Craig (D Ronald E. Finch (D Forest C. Berry (D E. T. Bost, Jr (D Percy W. Meekins (D H. V. Leary (D F. R. Seeley (D W. C. Taylor (D Ralph G. Flowers $ (D Walter D. Siler (D Harry P. Cooper (D John F. White (D Dr. J. M. May..., (R Ernest A. Gardner (D J. R. Williamson (D D. L. Ward (D D. Lacey McBryde (D Edwin R. Johnson (D Roy L. Davis (D R. L. Pope (D J. Brewster Grant (R C. E. Quinn (D Victor S. Bryant (D Oscar G. Barker (D W. 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 Clay Shelby Cleveland Whiteville Columbus New Bern Craven Cumberland Currituck Currituck j Wanchese Dare j Davidson \ Mocksville i Davie Kenansville Duplin Durham Durham Durham Durham I Macclesfield Edgecombe i 7>

3 HOUSE JOURNAL (1938) [Extra REPRESENTATIVES Continued Name Post Office County Rex Gass (D Spruill Thornton (D Virgil Wilson (D Willie L. Lumpkin (D R. Gregg Cherry (D D. P. Dellinger (D C. J. Gray (D T. M. Jenkins (R T. S. Royster (D E. A. Rasberry (D John W. Caffey (D Joe T. Carruthers, Jr (D Rupert T. Pickens (D A. M. Atkinson (D L. W. Leggett (D Fred S. Thomas (D J. F. Cabe (D L. L. Burgin (D R. H. Underwood (D E. B. McNeill (D George E. Davis (D Con C. Johnston (D T. C. Ledbetter (D F. H. Brooks (D R. T. Fulghum (D C. P. Banks (D W. E. Horner (D R. H. Rouse* (D Thorne Clark (D R. A. Patton (D James M. Baley (R Hugh G. Horton (D D. F. Giles (D Mercer J. Blankenship (D E. L. Mayhew (D James B. Vogler (D Jeter C. Burleson (R C. C. Howell* (D J. Hawley Poole (D Claude C. Abernethy (D W. E. Fenner (D Thomas E. Cooper (D J. C. Hobbs (D H. L. Joyner (D R. N. Summersill (D B. J. Howard (D Tom Banks (D F. Webb Williams (D John J. Best (D J. T. Benton (D E. P. Warren (D John Hill Paylor (D John S. Moore (D T. J. McDowell (D W. Bryan Davis (D Robert T. McNair (D S. L. Adams (D Winston-Salem Winston-Salem Rural Hall Louisburg Gastonia Cherryville Gatesville Robbinsville Oxford Snow Hill Greensboro Greensboro High Point Enfield Hobgood Erwin 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 End Spring Hope Rocky Mount Wilmington Wilmington Jackson Jacksonville Chapel Hill Arapahoe Elizabeth City Burgaw Hertford Hurdle Mills Farmville Bethel Campobello, S. C... Randleman Rockingham Rowland Forsyth Forsyth Forsyth Franklin Gaston Gaston Gates Graham Granville Greene Guilford Guilford Guilford Halifax Halifax Harnett Haywood Henderson Hertford Hoke Hyde Iredell Jackson Johnston Johnston Jones Lee Lenoir Lincoln Macon Madison Martin McDowell Mecklenburg Mecklenburg Mecklenburg Mitchell Montgomery Moore Nash Nash New Hanover New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender Perquimans Person Pitt Pitt Polk Randolph Richmond Robeson

4 Session] HOUSE JOURNAL (1938) REPRESENTATIVES Continued Name Post Office County T. J. Smith (D T. Clarence Stone (D Joe W. Garrett (D Walter Murphy (D George A. Uzzell (D Grady Withrow (D Enoch w. Wilson (D Jennings G. King (D John H. Norwood (D R. J. Scott (D N. J. Martin (D B. C. Jones (D Pat Kimzey (D C. W. Tatem (D Brooks Price (D J. M. Peace (D Arch T. Allen (D Clarence E. Mitchell (D Wm. T. Hatch (D T. H. Aycock (D Harry Stell (D W. F. Miller* (D W. Wiley Andrews (D Wm. H. Best, Jr (D F. J. McDuffie (R Troy T. Barnes (D Jeter L. Haynes (R Mrs. Chas. Hutchins (D St. Pauls Stoneville Madison Salisbury Salisbury Hollis Newton Grove. Laurinburg Norwood Danbury Dobson Bryson City Brevard Columbia Waxhaw R.F.D Henderson Raleigh Raleigh Millbrook Warrenton Plymouth Boone Goldsboro Goldsboro Wilkesboro Wilson Jonesville Burnsville Robeson Rockingham Rockingham Rowan Rowan Rutherford Sampson Scotland Stanly Stokes Surry Swain Transylvania Tyrrell Union Vance Wake Wake Wake Warren Washington Watauga Wayne Wayne Wilkes Wilson Yadkin Yancey * Deceased.

5

6 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 General Assembly convenes in its Hall in Extraordinary Session, at the hour of 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 Representatives. The roll of members is called, and the following members answer 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, Carruthers, Clark, Craig, Davis of Dare, Davis of Hyde, Davis of Randolph, Dellinger of Avery, Dellinger of Gaston, Eagles, Elkins, Finch, Flowers, Fulghum, 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, Underwood, Uzzell, Vogler, Ward, Warren, White, Williamson, Wilson of Forsyth, Wilson of Sampson, Withrow, Zickler 103. A quorum being present the proclamation of the Governor convening 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 appropriating money for the Public Works Administration in making grants

7 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 funds available 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 appropriated by Congress for this purpose has already been allocated and in order for North Carolina to participate in the benefits of this appropriation it will be necessary for provision to be made to make available the funds necessary to comply with the requirements of the Federal government to prevent the State suffering the loss which would be entailed by the failure to receive grants for necessary permanent improvements 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 with the advice of the Council of State, do hereby convene the General Assembly 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 proper business 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 and Thirty-eight, and in the 163rd year of American Independence. (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 Governor, by and with the advice of the Council of State, to call a Special Session of the General Assembly, was explained by the Governor in a statement issued by him to the press at the time of the proclamation calling the Special Session; and whereas, as explained in said statement, 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

8 Session] HOUSE JOURNAL (1938) 9 issue and sell bonds, the proceeds of which might be used for necessary permanent 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 and institutions, and the municipal corporations of North Carolina, may secure the necessary laws permitting the construction of such improvements 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 OF REPRESENTATIVES IN SPECIAL SESSION CONVENED: Section 1. That at this Special Session, the House of Representatives will not consider or pass upon any laws, except bills introduced for the purpose of carrying out the objects for which the Special Session 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 disposed of as follows: By Mr. Jones: H. R. 1. Joint Resolution informing His Excellency, Governor Clyde 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 immediate passage. Passed first reading. Rules suspended. Passes its second and third readings and ordered sent to the Senate without engrossment. MESSAGES FROM THE SENATE The following messages are received from the Senate: Mr. Speaker: Senate Chamber August 8, 1938 It is ordered that a message be sent to the House of Representatives informing that Honorable Body that the Senate has completed its

9 10 HOUSE JOURNAL (1938) [Extra organization and is now ready to proceed with the public business, and for 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. Mr. Speaker: Respectfully, S. Ray Byerly, Principal Clerk. Senate Chamber August 8, 1938 It is ordered that a message be sent informing your Honorable Body that pursuant to Senate Resolution No. 1 entitled "Joint Resolution informing His Excellency, the Governor, that the General Assembly of the Extraordinary Session of 1938 is organized and ready to proceed with public business and inviting him to address the General Assembly in Joint Session," the President has appointed as the Committee 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 Committee 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-Arms announces the approach of the Senate, and that Body, preceded by its officers, comes into the House and are assigned seats, Lieutenant-Governor 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 by Lieutenant-Governor Horton. The roll of the House members is called and the following members answer 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, Carruthers, Clark, Craig, Davis of Dare, Davis of Hyde, Davis of Randolph, Dellinger of Avery, Dellinger of Gaston, Eagles, Elkins, Finch, Flowers, Fulghum, Gardner, Garrett, Gass, Grant, Gray, Hanford, Hatch, Haynes, Hobbs, Horton, Howard, Johnson of Currituck, Johnston of

10 Session] HOUSE JOURNAL (1938) 11 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 answer to their names: Messrs. Abernathy, Alcock, Bain, Ballentine, Bell, Bennett, Blackwelder, Britt, Brock, Clark of Bladen, Clark of Edgecombe, Coburn, Eagles, Ewing, Flanagan, Gold, Gravely, Greer, Gregory, Halstead, Hill, Holt, Hughes, Hutchins, Ingram, Johnson of Sampson, 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, who delivers 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 have either been completed or are now in course of construction. Some other buildings have been obtained by grants from the Federal government and the issuance of revenue liquidating bonds and some of these projects have been finished, while other authorizations have been made and 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 be met in this way, because the projects are not self-liquidating, as for instance the fireproofing of the buildings at our hospitals in Morganton, Raleigh, and Goldsboro, and other similar pressing demands from practically 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 make these essential provisions for the care, safety and security of its people and the next Legislature would have been confronted with the necessity of issuing bonds to pay the whole expense, while the opportunity is afforded the State now to receive by way of grants from the Federal government 45 per cent of the cost, if we act promptly and take advantage of the present appropriation, which is being rapidly allocated. The dead line for all applications is fixed in the Federal statute for September 30, 1938, with the requirement that work must be

11 12 HOUSE JOURNAL (1938) [Extra begun before January 1st, From very careful inquiry I am convinced 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 be filed 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 permanent improvements. In addition to this, at my request, the Commission sat in Raleigh last week and heard the heads of these institutions and other State agencies and gave intelligent and painstaking consideration to all claim presented. After canvassing the whole situation they recommend 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, The Commission's recommendations are $971, 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 Commission. 2. The bill prepared by the Attorney General enabling municipalities to issue revenue bonds to finance self-liquidating projects authorized therein, subject to the supervision of the Local Government Commission. 3. The question of a North Carolina Exhibit at the New York World's Fair in As to the first measure, I did not sit with the Advisory Budget Commission, and therefore, can all the more freely commend its work to you, and I strongly recommend the enactment of the bond bill embodying its recommendations. In order to economize your time and save you the necessity of hearing all claims, the Commission spent several 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 Legislature to issue bonds was not encroached upon, so that in addition to nearly one million dollars margin unauthorized this year, the next Legislature will have a maximum of an additional $5,000,000 made possible 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

12 Session] HOUSE JOURNAL (1938) 13 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 government 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 controversial action and I recommend its passage. I do not think we should repeal the limitations placed on municipal borrowings by the general law, where it operates to create an obligation upon the taxpayers. These limitations have been wisely placed both in the Constitution and the Municipal Finance Act and should be retained. We have had experience in unrestrained spending by which many 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 which will be presented, because these bonds are issued against the revenues of 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 municipality 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 government is paying a substantial part of the cost. Unnecessary spending always results 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 The Commission authorized at your last session has worked diligently and obtained donations in the sum of $22,000. The necessary space has been contracted for to provide for an outstanding exhibit. Unless you make an 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 be in excess of $100,000. Some additional money can be raised by private subscription, but not much. If we are to have an exhibit it would require 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 consideration to this measure. Personally I should very much regret to see North Carolina fail of representation at this greatest of all World Fairs.

13 14 HOUSE JOURNAL (1938) [Extra I sincerely appreciate your presence here today. This Assembly is making history. I do not recall that any other Assembly has met three times 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 efficiency and directness of effort, and your intelligent and patriotic labors have challenged the admiration of the high minded citizenship of North Carolina. The Council of State unanimously approved the convening of this Special Session and shares with me full confidence in your wisdom 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 you adopt the program outlined you will have made a definite forward movement and gone a long way toward providing the urgent necessities for State institutions and agencies. I esteem it an honor to be associated with you in the comradeship of service to our beloved Commonwealth. Clyde R. Hoey, Governor of North Carolina. This August 8th, THE REPORT OF THE ADVISORY BUDGET COMMISSION ON PERMANENT IMPROVEMENTS RECOMMENDED FOR THE STATE'S DEPARTMENTS, INSTITUTIONS, AND AGEN- CIES TO BE CONSIDERED AT THE SPECIAL SESSION OF THE GENERAL ASSEMBLY OF To the Honorable Clyde R. Hoey, Governor of North Carolina: The members of the Advisory Budget Commission, whose names are hereto subscribed, herewith, submit to you this report on the findings 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 convene in session August 8, VISITATION OF INSTITUTIONS The Advisory Budget Commission just prior to consideration and recommendation 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, of The Budget Bureau and heard each department, insti- in the offices

14 Session] HOUSE JOURNAL (1938) 15 tution, and agency making request for permanent improvement appropriation. 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 before the 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 appropriations it was found that these State agencies were modest in setting out requests for appropriations when their actual needs were known and 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 needs determined by visits or by conference with the agencies concerned, necessary but the limitation on bonds that may be issued has made it that recommendations be less than the requests. In the case of the three State hospitals for insane, great necessity and special treatment presents itself because of the character of those held in the institutions. These institutions are veritable fire-traps to a large extent, and are now allowed to remain contrary to State law for 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 Goldsboro, 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 attendant. It seems imperative that these buildings must be fireproofed or replaced 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 renovated because of the deterioration which literally amounts to destruction. In the case of the other departments and institutions, the recommendations cover the most needy projects and do not cover things not absolutely necessary to carry on the work of the institution or agency. All of the recommendations made are for purposes for which the General Assembly through necessity would be requested to make appropriations within the next two or three years, and it is deemed advisable to cover these needs as best possible while 45% may be had from the Federal government. CONSTITUTIONAL LIMITATION ON BOND ISSUE The Advisory Budget Commission has considered very thoroughly the amount of bonds that may be issued under the constitutional limi-

15 16 HOUSE JOURNAL (1938) [Extra tation, and has decided that it should not recommend bonds to be issued for the full availability. There might be conditions that would make it mandatory that other things be provided, and it is thought wise that some $971,000 be left in the availability for issuing bonds. The following is a statement of the determination of bonds that may be issued and the result if the bonds proposed in this Act should be issued: Bonds Paid : BONDS THAT MAY BE ISSUED FOR THE BIENNIUM General Fund bonds $2,119, Highway bonds 4,417, Highway (County Loans) 548, Special School Building bonds 877, $ 7,961, Bonds Paid : General Fund bonds $2,266, Highway bonds 4,257, Highway (County Loans) 478, Special School Building bonds 803, ,804, Less: Total Biennium $15,765, Bonds authorized and issued Biennium : Chapter 230 of 1933 $ 572, Chapter 296 of ,019, $ 3,591, Net $12,174, /3 of amount paid during Biennium $ 8,116, Less: Bonds authorized and unissued for which an obligation now exists: Textbook Commission bonds $1,500, Western North Carolina Sanatorium 250, State Hospitals 500, Advance to North Carolina School for the Deaf to fireproof condemned buildings 275, ,525, Total bonds that may be issued $ 5,591, Total bonds proposed 4,620, Additional availability for bond issue $ 971,237.88

16 Session] HOUSE JOURNAL (1938) 17 A statement setting out the recommendations for each department, institution, or agency is herewith submitted in the pages immediately following. Jack Joyner Appointee replacing Chairman, Finance Committee of Senate, 1937 Victor S. Bryant Chairman, Finance Committee of House, 1937 Jas. A. Bell Chairman, Appropriations Committee of Senate, 1937 D. L. Ward Chairman, Appropriations Committee of House, 1937 J. H. Clark, Appointee A. S. Brower, Appointee Members 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 $182,000 Equipment old Medical Building 20,000 Equipment new Medical Building 75,000 Renovation of Alumni Building 100,000 Renovation of Bynum Building 25,000 Renovation of Gerrard Building 25,000 Total Purposes $427,000 Less: P. W. A. grant 192,150 NORTH CAROLINA STATE COLLEGE OF AGRI- CULTURE AND ENGINEERING OF THE UNIVERSITY OF NORTH CAROLINA, Raleigh $212,300 For the following specific purposes: Animal husbandry building, dairy plant and laboratories $ 50,000 Equipment for Chemistry Building 30,000 Textile Building $250,000 Less: Appropriation available under Chapter 296 of , ,000 Equipment for Textile Building and reinstallation of present textile equipment 45,000

17 18 HOUSE JOURNAL (1938) [Extra Renovation of old Textile Building for Vocational 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 OF NORTH CAROLINA, Greensboro $178,750 For the following specific purposes: General Science building $270,000 General Science equipment 30,000 Renovation of Mclver building for general classroom purposes 20,000 General classroom equipment for Mclver building 5,000 Total Purposes $325,000 Less: P. W. A. grant 146,250 EAST CAROLINA TEACHERS COLLEGE, Greenville $183,700 For the following specific purposes: General classroom building $300,000 General classroom equipment 25,000 Garage 3,000 Additions to Laundry 6,000 Total Purposes $334,000 Less: P. W. A. grant 150,300 NEGRO AGRICULTURAL AND TECHNICAL COLLEGE, Greensboro $130,350 For the following specific purposes: Vocational Trades building $109,000 Vocational Trades equipment 18,000 Auditorium 100,000 Equipment for Auditorium 10,000 Total Purposes $237,000 Less: P. W. A. grant 106,650 WESTERN CAROLINA TEACHERS COLLEGE, Cullowhee $223,050 For the following specific purposes: Completing Physical Education building $ 23,000 Physical Education equipment 7,000

18 Session] HOUSE JOURNAL (1938) 19 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 Total Purposes $381,000 Less: P. W. A. grant 157,950 APPALACHIAN STATE TEACHERS COLLEGE, Boone $ 92,675 For the following specific purposes: General Science Building $117,600 General 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 Total Purposes $168,500 Less: P. W. A. grant 75,825 CHEROKEE INDIAN NORMAL SCHOOL, Pembroke $ 24,695 For the following specific purposes: Gymnasium $ 36,500 Gymnasium Equipment 3,800 Filter Plant and Water Mains 4,600 Total Purposes $ 44,900 Less: P. W. A. grant 20,205 WINSTON-SALEM TEACHERS COLLEGE, Winston-Salem $118,305 For the following specific purposes: Library and Administration Building $104,100 Equipment for Library and Administration Building 26,000 General Science Building 65,000

19 20 HOUSE JOURNAL (1938) [Extra General Science Equipment 20,000 Total Purposes $215,100 Less: P. W. A. grant 96,795 ELIZABETH CITY STATE NORMAL SCHOOL, Elizabeth City $ 47,850 For the following specific purposes: Dormitory for Boys (Capacity 150) $ 50,000 Equipment for Dormitory 10,000 Addition to Classroom Building 22,000 Classroom Equipment 5,000 Total Purposes $ 87,000 Less: P. W. A. grant 39,150 FAYETTEVILLE STATE NORMAL SCHOOL, Fayetteville $ 86,240 For the following specific purposes: Dormitory for Men (Capacity 90) $ 74,000 Equipment for Dormitory 6,000 General Classroom and Science Building 60,000 General Classroom and Science Equipment 10,000 Repairs to Dining Hall 3,300 Repairs to Girls' Dormitories 3,500 Total Purposes $156,800 Less: P. W. A. grant 70,560 NORTH CAROLINA COLLEGE FOR NEGROES, Durham $126,500 For the following specific purposes: General Science Building - $130,000 General 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 Total Purposes $230,000 Less: P. W. A. grant 103,500 NORTH CAROLINA SCHOOL FOR THE DEAF, Morganton $ 49,645

20 Session] HOUSE JOURNAL (1938) 21 For the following specific purposes: 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 Less: P. W. A. grant 36,755 STATE SCHOOL FOR THE BLIND AND THE DEAF, Raleigh $ 30,800 For the following specific purposes: Sewage Filter Plans (Colored Department) $ 21,000 Dairy Barn and Well (Colored Department) 31,000 Dairy Equipment (Colored Department) 4,000 Total Purposes $ 56,000 Less: P. W. A. grant 25,200 CHARITABLE AND CORRECTIONAL INSTITUTIONS STATE HOSPITAL AT RALEIGH, Raleigh $704,275 For the following specific purposes: Fireproofing East and South Wings of Main Building $ 164,200 Fireproofing Center Building 105,200 Replacing Erwin Building 110,000 Replacing Epileptic Building for Men 123,300 Replacing Epileptic Building for Women 123,300 Replacing Adams Building 123,300 Replacing Part of Infirmary 23,000 Replacing Tubercular Building for Men 46,000 Replacing Tubercular Building for Women 46,000 Building for Women 143,620 Equipment for Building for Women 3,000 Addition to Criminal Insane Building 1,800 Equipment for Criminal Insane Building 1,500 Addition to Nurses' Home 39,200 Equipment for Nurses' Home 59,880 Building for Attendants 121,900 Equipment for Attendants' Building 3,300 Storeroom and Cold Storage 37,000

21 22 HOUSE JOURNAL (1938) [Extra Remodeling Present Storeroom for Sewing Room 5,000 Total Purposes $1,280,500 Less: P. W. A. grant 576,225 STATE HOSPITAL AT MORGANTON, Morganton $735,075 For the following specific purposes: Fireproofing Center Building $ 747,300 Fireproofing Harper Building 143,380 Fireproofing Ward No ,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 and Women 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 Less: P. W. A. grant 601,425 STATE HOSPITAL AT GOLDSBORO, Goldsboro $535,500 For the following specific purposes: Replacing Main Building $ 264,000 Replacing Buildings for Female Patients 80,000 Replacing Buildings for Male Patients 220,900 Replacing Buildings for Epileptic Patients 220,900 Renovation Power Plant and Steam Lines 38,600 Superintendent's Residence 13,120 Staff House 59,750 Six Cottages for White Employees 27,055 Six Cottages for Negro Employees 12,000 Laundry Equipment 9,450 Kitchen Equipment 2,625 Renovating Water System 17,500 Total Purposes $ 965,900 Less: P. W. A. grant 430,400

22 Session] HOUSE JOURNAL (1938) 23 CASWELL TRAINING SCHOOL, Kinston $ 55,810 For the following specific purposes: 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 Problem Children 15,000 Laundry Equipment 4,000 Total Purposes $ 98,200 Less: P. W. A. grant 42,390 NORTH CAROLINA ORTHOPEDIC HOSPITAL, Gastonia $ 31,990 For the following specific purposes: 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 Total Purposes $ 48,750 Less: P. W. A. grant 16,760 NORTH CAROLINA SANATORIUM, Sanatorium $ 76,790 For the following specific purposes: Vocational Training School Building and Equipment $ 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 Total Purposes $ 138,800 Less: P. W. A. grant 62,010

23 24 HOUSE JOURNAL (1938) [Extra WESTERN NORTH CAROLINA SANATORIUM, Black Mountain $ 23,735 For the following specific purposes: 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 Total Purposes $ 33,500 Less: P. W. A. grant 9,765 STONEWALL JACKSON TRAINING SCHOOL, Concord $ 8,085 For the following specific purposes: 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 Total Purposes $ 14,700 Less: P. W. A. grant 6,615 STATE HOME AND INDUSTRIAL SCHOOL FOR GIRLS, Eagle Springs $ 4,260 For the following specific purposes: Roof Replacement $ 1,130 Laundry Equipment 2,755 Renovation of Sewerage System 1,090 Telephone Extension 280 Total Purposes $ 5,255 Less: P. W. A. grant 995 MORRISON TRAINING SCHOOL, Hoffman $ 5,885 For the following specific purposes: Renovating McLean, Varser, Parsons, and Kate Burr Johnson Buildings $ 10,700 Less: P. W. A. grant 4,815

24 Session] HOUSE JOURNAL (1938) 25 EASTERN CAROLINA TRAINING SCHOOL, Rocky Mount $ 4,400 For the following specific purposes: Roads $ 2,000 Maternity Barn 2,000 Sewage Treatment System, 4,000 Total Purposes $ 8,000 Less: P. W. A. grant 3,600 STATE INDUSTRIAL FARM COLONY FOR WOMEN, Kinston $ 9,625 For the following specific purposes: Industrial Building $ 15,000 Equipment for Industrial Building 2,500 Total Purposes $ 17,500 Less: P. W. A. grant 7,875 CONFEDERATE WOMEN'S HOME, Fayetteville $ 4,400 For the following specific purposes: Sprinkler System $ 8,000 Less: P. W. A. grant 3,600 PUBLIC BUILDINGS AND OTHER PURPOSES BOARD OF PUBLIC BUILDINGS AND GROUNDS $644,710 For the following specific purposes: Enlarging and Renovating Central Heating Plant for State Office Buildings $ 122,505 Sprinkler System for Capitol 15,000 Justice Building and Land 692,000 State Office Building on Caswell Square for Unemployment Compensation Commission.. 200,000 Total Purposes $1,029,505 Less: P. W. A. grant 384,795 DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF COM- MERCIAL FISHERIES, Morehead City $ 8,250 For the following specific purposes: Purchase of Two Boats to Patrol Commercial Fishing Waters $ 15,000 Less: P. W. A. grant 6,750

25 26 HOUSE JOURNAL (1938) [Extra NORTH CAROLINA HISTORICAL COMMISSION, Raleigh $ 27,500 For the following specific purposes: 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 Assembly adjourns. The Senate retires to its Chamber and the House resumes consideration of its business. INTRODUCTION OF BILLS AND RESOLUTIONS Bills and resolutions are introduced, read the first time, and disposed of as follows: 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 and Paylor: 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 and 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; regulating the issuance of such bonds and providing for their payment and for 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 meet again at three o'clock. AFTERNOON SESSION Pursuant to its recess, the House meets and resumes consideration of its business with Mr. Speaker Cherry presiding.

26 : Session] HOUSE JOURNAL (1938) 27 A message is MESSAGE FROM THE SENATE 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 him to address the General Assembly in Joint Session. Referred to the Committee on Judiciary No. 1. INTRODUCTION OF BILLS AND RESOLUTIONS Bills and resolutions are introduced, read the first time, and disposed of as follows: By Mr. Seeley: H. B. 5, a bill to be entitled An act validating proceedings heretofore 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 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. 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: 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 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 Chairman 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

27 : 28 HOUSE JOURNAL (1938) [Extra of the State for permanent improvements of State Institutions, departments and agencies and construction of buildings and permanent improvements for the State, reports progress as follows: The Committee recommends the adoption of the following sections, to-wit Section seven, which includes the following named institutions and agencies: EDUCATIONAL INSTITUTIONS University of North Carolina, Chapel Hill North Carolina State College, Raleigh Womens College of the University of N. C, Greensboro East Carolina Teachers' College, Greenville Negro Agricultural & Technical College, Greensboro Western Carolina Teachers' College, Cullowhee Appalachian State Teachers' College, Boone Cherokee Indian Normal School, Pembroke Winston-Salem Teachers' College, Winston-Salem Elizabeth City State Normal School, Elizabeth City Fayetteville State Normal School, Fayetteville North Carolina College for Negroes, Durham North Carolina School for the Deaf, Morganton State School for the Blind and Deaf, Raleigh CHARITABLE AND CORRECTIONAL INSTITUTIONS State Hospital, Raleigh State Hospital, Morganton State Hospital, Goldsboro Caswell Training School, Kinston North Carolina Orthopedic Hospital, Gastonia North Carolina Sanitorium, Sanitorium Western North Carolina Sanitorium, Black Mountain Stonewall Jackson Training School, Concord State Home and Industrial School for Girls, Morrison Training School, Hoffman Eastern Carolina Training School, Rocky Mount State Industrial Farm Colony for Women, Kinston Confederate Womens Home, Fayetteville PUBLIC BUILDINGS AND OTHER PURPOSES Eagle Springs Com- Board of Public Buildings and Grounds Department of Conservation and Development Division of mercial Fisheries, Morehead City North Carolina Historical Commission Sections one, two, three, four, five and six. individually and collectively.

28 Session] HOUSE JOURNAL (1938) 29 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 appropriation for the Department of Justice building and ground, which item was included under the heading "Public Buildings and Grounds," fails of adoption. An amendment offered by Mr. Stone reducing the appropriation for 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 an amendment offered by Mr. Bryant is adopted. is That portion of Section 7, relating to the State Hospital at Raleigh 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 collectively. 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 be entitled An act authorizing counties, cities, towns and sanitary districts to acquire, construct, reconstruct, improve, better and extend revenueproducing 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 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, reports progress as follows: The Committee recommends the adoption of the following sections, to-wit: eight. Sections one, two as amended, three, four, five, six, seven and Mr. Pickens and others offer an amendment to Section nine, and upon its adoption, calls for the "ayes" and "noes." The call is sustained, and the amendment is adopted by the following roll call vote:

29 30 HOUSE JOURNAL (1938) [Extra Those voting in the affirmative are: Messrs. Abernathy, Adams, Andrews, Atkinson, Baley, Barnes, Benton, Best of Wayne, Blankenship, Blount, Bost, Brooks, Burleson, Caffey, Carruthers, Craig, Dellinger 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 fourteen and fifteen are adopted. An amendment offered by Mr. Flowers creating a new Section sixteen 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 ordered reported 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 Montgomery and W. F. Miller of Watauga, former members of the House, and will meet tomorrow at 11 o'clock A. M. SECOND DAY House of Representatives Tuesday, August 9, 1938 The House meets pursuant to adjournment and is called to order by Mr. Speaker Cherry. The House was led in repeating the Lord's Prayer by Reading Clerk, Dan Tompkins.

30 Session] HOUSE JOURNAL (1938) 31 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. INTRODUCTION OF BILLS AND RESOLUTIONS Bills and resolutions are introduced, read the first time, and disposed of as follows: 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. Passed first reading. Rules suspended. Passes its second and third readings and ordered sent to Senate without engrossment. CALENDAR Bills and resolutions on the Calendar are taken up and disposed of as follows: H. B. 2, a bill to be entitled An act to authorize the issuance of 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, second reading. on its 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, 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, 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, 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 Cas-

31 32 HOUSE JOURNAL (1938) [Extra 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 of the Municipal Finance Act. Passes its second reading by the following vote and remains on the Calendar: Those voting in the affirmative are: Messrs. Abernathy, Adams, Allen, Atkinson, Aycock, Baley, Banks of Jones, 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, 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, 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 and Zickler 98. Those voting in the negative are: None. H. B. 5, a bill to be entitled An act validating proceedings heretofore 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 indebtedness refunding and funding 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. Passes its second reading by the following roll call vote and remains on the Calendar: Those voting in the affirmative are: Messrs. Abernathy, Adams, Allen, Atkinson, Aycock, Baley, Banks of Jones, 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, 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, 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,

32 Session] HOUSE JOURNAL (1938) 33 Taylor of Caswell, 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. 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 and 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 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, Atkinson, 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, Poole, Pope, Quinn, Rasberry, Royster, Scott, Seeley, Sentelle, Siler, Stell, Stone, Tatem, Taylor of Alleghany, Taylor of Caswell, Thomas of Anson, Thomas of Harnett, Thornton, Underwood, Uzzell, Ward, White, Williamson, Withrow and Zickler 90. at Those voting in the negative are: Mr. Blount 1. On motion of Mr. Siler the House adjourns and will meet tomorrow 12 o'clock Noon. THIRD DAY House of Representatives Wednesday, August 10, 1938 The House meets pursuant to adjournment and is called to order by Mr. Speaker Cherry. The House is led in repeating the Lord's Prayer by Dan W. Tomp- Reading Clerk. kins, 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.

33 34 HOUSE JOURNAL (1938) [Extra 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 Representative 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 Wake County. On motion of Mr. Caffey courtesies of the floor are extended to Hon. F. Webb Williams, former member of the House from Pasquotank County. On motion of Mr. Dellinger, William Warren, son, grandson and great-grandson of former members of the House of Representatives, is made an Honorary Page. INTRODUCTION OF BILLS AND RESOLUTIONS Bills and resolutions are introduced, read the first time, and disposed of as follows: By Mr. Stone: H. R. 7, Joint resolution relative to the printing of the Acts and records of the Special Session of One Thousand Nine Hundred and passage. On motion of Mr. Stone the Resolution is placed on its immediate Thirty-eight. Passed first reading. Rules suspended. Passes its second and third readings and ordered sent to Senate without engrossment. By Mr. Barker: H. B. 8, a bill to be entitled An act to amend House Bill No. Three of the Special Session of One Thousand Nine Hundred Thirty-eight, known as the "Revenue Bond Act of One Thousand Nine Hundred Thirty-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 bonds for self-liquidating projects without a vote of the people of Madison County. On motion of Mr. Baley the bill is placed on the Calendai

34 : Session] HOUSE JOURNAL (1938) 35 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. B. 8, a bill to be entitled An act to repeal Section 9 of Chapter 231, Public Local Laws, Session 1927, relative to the issuance of bonds by the County of Randolph, so as to conform with the General Laws in this respect. On motion of Mr. Davis of Randolph, the bill is placed on its immediate passage. Passed first reading. Rules suspended. Passes its second and third readings and ordered enrolled. CALENDAR Bills and resolutions on the Calendar are taken up and disposed of as follows: 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. 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, Benton, Best of Pender, Blankenship, Blount, Bost, Brooks, Bryant, Burgin, Burleson, Cabe, Caffey, Carruthers, Clark, Craig, Davis of 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, Royster, Scott, Seeley, Sentelle, Siler, Spruill, Stell, Stone, Summersill, Tatem, Taylor of Alleghany, Taylor of Caswell, Thomas of Anson, Thomas of Harnett, Thornton,

35 36 HOUSE JOURNAL (1938) [Extra Underwood, Uzzell, Vogler, Ward, Warren, Williamson, Wilson of Forsyth and Zickler 95. Those voting in the negative are: None. 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. 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, Burgin, Burleson, Cabe, Caffey, Carruthers, Clark, Craig, Davis of 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, 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. Those voting in the negative are: None. H. B. 5, a bill to be entitled An act validating proceedings heretofore 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 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. 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, Burgin, Burleson, Cabe, Caffey, Carruthers, Clark, Craig, Davis of 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, Royster, Scott, Seeley, Sentelle, Siler, Spruill, Stell, Stone, Summersill. Tatem, Taylor of Alleghany, Taylor of Caswell, Thomas of Anson,

36 Session] HOUSE JOURNAL (1938) 37 Thomas of Harnett, Thornton, Underwood, Uzzell, Vogler, Ward, Warren, Williamson, Wilson of Forsyth and Zickler 95. Those voting in the negative are: None. 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 and 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; 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, on its 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, Joyner, Kimzey, King, Ledbetter, May, Meekins, McDuffie, McNair, Pickens, Quinn, Royster, Scott, Seeley, Sentelle, Siler, Stone, Summersill, 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, Williamson, Wilson of Forsyth and Zickler 40. The following motion was duly made in writing by Mr. Bryant 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.' " 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

37 38 HOUSE JOURNAL (1938) [Extra Pender, Bryant, Burgin, Cabe, Caffey, Carruthers, Clark, Craig, Davis of Dare, Dellinger of Avery, Dellinger of Gaston, Eagles, Elkins, Fenner, 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, Summersill, Tatem, Thomas of Anson, Thomas of Harnett, Thornton, Underwood, 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 and Zickler 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 tomorrow at 12 o'clock Noon. FOURTH DAY House of Representatives Thursday, August 11, 1938 The House meets pursuant to adjournment and is called to order by Mr. Speaker Cherry. The House is led in prayer by Alonza P. Jordan, employee of the House. 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. On motion of Mr. Murphy, Betty Ruth Uzzell, daughter of Representative Uzzell, is made an Honorary Page of the House. Courtesies of the floor are extended to Hon. G. T. Gatling, former member of the House from Gates County. MESSAGE FROM THE SENATE 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,

38 Session] HOUSE JOURNAL (1938) 39 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 sanitarydistricts 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 Commissioners of the Town of North Wilkesboro to close section of Eighth Street. On motion of Mr. Gardner, the bill is placed on its immediate passage. Passed first reading. Rules suspended. Passes its second and third readings and is ordered enrolled. Mr. Speaker: Senate Chamber August 11, 1938 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 be known 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. INTRODUCTION OF BILLS AND RESOLUTIONS 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 Carolina, providing for adjournment of the Extra Session of Nineteen Hundred Thirty-eight, on August Thirteenth, One Thousand Nine Hundred Thirty-eight.

39 : 40 HOUSE JOURNAL (1938) [Extra On motion of Mr. Bryant the Resolution is placed on its immediate passage. Passed first reading. Rules suspended. Passes its second and third readings and ordered sent to the Senate without engrossment. On motion of Mr. Bryant, the House adjourns and will meet tomorrow at 10 o'clock P. M. FIFTH DAY House of Representatives Friday, August 12, 1938 The House meets pursuant to adjournment and is called to order by Mr. Speaker Cherry. The House is led in repeating the Lord's Prayer by Reading Clerk, 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. The Speaker announces the appointment of the following Committee : 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 and Ralph J. Scott of Rockingham County, former members of the House. On motion of members, Janice Rose Andrews and Janet Pearson Andrews of Wayne County, Dorothy Finch of Buncombe County and Edward McKee Rankin of Burke County, are made Honorary Pages of the House. 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. B. 11, a bill to be entitled An act to create Tar River Port Commission, 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 and Council of State upon the wisdom displayed in calling Extra Session of the General Assembly of On motion of Mr. Bryant the bill is placed on the Calendar.

40 Session] HOUSE JOURNAL (1938) 41 CALENDAR Bills and resolutions on the Calendar are taken up 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. its Passes its second reading by the following roll call vote and takes 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, Royster, 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 and Withrow 86. Those voting in the negative are: None. 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 second reading by the following roll call vote and remains 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, 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 Alleghany, Taylor of Caswell, Thomas of Anson, Thomas of Harnett, Thornton, Underwood, Uzzell, Vogler, Ward, Warren, White, Williamson and Withrow 86. Those voting in the negative are: None. On motion of Mr. Siler the House adjourns and will meet tomorrow at 12:15 o'clock A.M.

41 42 HOUSE JOURNAL (1938) [Extra SIXTH DAY House of Representatives August 13, 1938 The House meets pursuant to adjournment and is called to order by Mr. Speaker Cherry. The House is led in repeating the Lord's Prayer by Dan W. Tomp- Reading Clerk of the House. kins, 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. On motion of Mr. Stone, Miss Dorothy Vogler, daughter of Representative Vogler of Mecklenburg County, is made an Honorary Page of the House. A message is MESSAGE FROM THE SENATE received from the Senate transmitting the following 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 Red Springs in Robeson County to issue revenue bonds for building a hotel under the provisions of the Revenue Bond Act of One Thousand Nine Hundred and Thirty-eight. On motion of Mr. Adams, the bill is placed on its immediate passage. Passed first reading. 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 Chapter 111 of the Private Laws of 1909 pertaining to the Charter of the Town of 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. Passed first reading. Rules suspended. Passes its second and third readings and is ordered enrolled. S. B. 15, a bill to be entitled An act to permit counties, cities and towns of this State to appropriate funds for participation in the 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. Passed first reading. Rules suspended. Passes its second and third readings and is ordered enrolled.

42 : Session] HOUSE JOURNAL (1938) 43 CALENDAR Bills and resolutions on the Calendar are taken up and disposed of 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 Madison County. 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 ordered enrolled. 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, Warren, White, Wilson of Forsyth, Wilson of Sampson and Withrow 84. Those voting in the negative are: None. 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 ordered enrolled. Those voting in the affirmative are: Messrs. Adams, Allen, Andrews, Atkinson, Aycock, Barker, Barnes, Benton, Berry, Best of Wayne,

43 44 HOUSE JOURNAL (1938) [Extra 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, Warren, White, Wilson of Forsyth, Wilson of Sampson and Withrow 84. Those voting in the negative are: None. ENROLLED BILLS Mr. Ward, for the Committee on Enrolled Bills, reports the following 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 Hundred Thirty-one, Public Local Laws, Session One Thousand Nine Hundred Twenty-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 Clyde R. 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 and records of the Special Session of the General Assembly of One Thousand 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 York World's Fair to be held in New York City in the year One Thousand Nine Hundred and Thirty-nine. H. R. 10. Joint resolution by the General Assembly of North Carolina providing for adjournment of the Extra Session of Nineteen Hundred Thirty-eight on August Thirteenth, One Thousand Nine Hundred 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 improvements for the State. H. B. 3. 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 prescribe, revise and collect rates, fees, tolls and charges for the services, facilities and commodities furnished thereby; and in anticipa-

44 Session] HOUSE JOURNAL (1938) 45 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 and Forty-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 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 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 "Revenue Bond Act of One Thousand Nine Hundred and Thirty-eight." H. B. 9. An Act to amend Chapter Eighty-two of the Public Local Laws 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 Pasquotank County for the acquisition of land for an airport or landing field and to provide for the issuance and payment of said bonds. S. B. 6. 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. 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 Robeson County to issue revenue bonds for building a hotel under the provisions of the Revenue Bond Act of One Thousand Nine Hundred and Thirty-eight. S. B. 14. An Act to repeal Section Nineteen of Chapter One Hundred and Eleven of the Private Laws of One Thousand Nine Hundred and Nine pertaining to the Charter of the Town of Wake Forest to permit the Town of Wake Forest to obtain grants in aid from the Federal 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 Thirtynine.

45 46 HOUSE JOURNAL (1938) [Extra message from the senate Senate Chamber August 13, 1938 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 Senate immediately upon receipt of information from your Honorable Body that you are ready to open your doors that the gavels may fall simultaneously and adjournment declared, sine die. Respectfully, S. Ray Byerly, Clerk of the Senate. Pursuant to the information submitted above, the House of Representatives having completed the business before it, a message is ordered sent 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 hour for adjournment fixed by Joint Resolution and passed by the two Houses having arrived, the Speaker of the House of Representatives declares the House of Representatives of the Extra Session of 1938 adjourned, 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 OTHER PROPERTY 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 stamps Supply of blank forms Five costumers One numbering machine One Ace fastener Two wire letter trays One pencil sharpener Two Jumpo letter files (composition) One stamp clip board

46 Session] HOUSE JOURNAL (1938) 47 In Journal Clerk's Office: One mirror One large table One bowl One pitcher One bucket One typist chair Four side chairs Supply of Journal paper In Speaker's Office: One bowl One pitcher One bookcase Two costumers One fiat top desk One typist desk Three side chairs One upholstered chair One bucket One 4-section steel filing cabinet One Ace fastener In Lobbies: One roll top desk One blackboard One large table One oak swivel chair One adjustable desk lamp Eight white coats for porters Six costumers AMOUNTS PAID MEMBERS, OFFICERS AND EMPLOYEES Of THE NORTH CAROLINA HOUSE OF REPRESENTATIVES EXTRA SESSION, 1938 Name Organizing House No. of Days Amount W. A. Baker, Principal Clerk $7.00 $ Annie E. Cooper, Assistant Lula S. Satisky, Assistant Alice H. Turner, Assistant Moses McLean, 2nd Class DAOIN Mileage $48.00

47 48 HOUSE JOURNAL (1938) [Extra Speaker's Office R. Gregg Cherry, Speaker Mrs. Margaret Green, Secy $96.00 $33.80 Principal Clerk's Office W. A. Baker, Principal Clerk 7.00 Annie E. Cooper, Assistant 6.00 Lula S. Satisky, Assistant 6.00 Alice H. Turner, Assistant 6.00 Mrs. Pauline Griffin, Disbursing Clerk $ $48.80 Reading Clerk Dan Tompkins $36.00 $61.20 Engrossing Office Rosa B. Mund, Engrossing Clerk Beulah Lancaster, Assistant Daphne Gaskins, Assistant Leona Flynne, Assistant Mary Elizabeth Parris, Assistant $ $ Pages John Nicholson, Chief Marcellus Buchannan Carl Jonas Dan Davis Calvin Hudgins Graham Mims J. C. Hobbs, Jr George W. Worth John W. Caffey, Jr Frank King Graham K. Hobbs $ $111.60

48 Session] HOUSE JOURNAL (1938) 49 Sergeant-at-Arms W. T. Brown, Sgt.-at-Arms Top Dalton, 1st Class Isaac Brown, 2nd Class C. M. Higgins, 1st Class D. O. Hamrick, 1st Class George Cherry, 1st Class T. W. Phillips, 1st Class Alphonso Jordon, 2nd Class Will Bumpass, 2nd Class George Stell, 2nd Class Moses McLean, 2nd Class Joe Iredell, 2nd Class R. E. L. Peace, 2nd Class H. M. Burras, 2nd Class Ben Horner, 2nd Class 6@ Sam Cabe, 1st Class Charlie Woodall, 1st Class $ $ Departments Summary Per Diem and Mileage Organization of House $ Speaker's Office Principal Clerk's Office Reading Clerk Engrossing Clerk's Office Pages Sergeant-at-Arms Total $1, Membership 109 $ , $6,943.00