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CONSTITUTION OF 1877.
0 I rCOME OF TIIE LABORS OF
the convention.
|? u |i Text <>f the Instrument Carefully
CompJteed with the Official Copy.
kill, of rights.
p-im Atlanta Constitution.]
PREAMBLE.
.. Tll perpetuate the principles .of free gov-
insure justice to all, preserve
'Tee "promote the interest and happiness of
O.iicn, and, to transmit to posterity the
the itine:
eni 'Vmec
pin. relying up.
nt oi liberty, we, the people ofGeor-
; n „ upon, tin 1 protection of Almigh-
,i ordain un-l establish this constitu-
aktici.e i.
<rrrI „ s 1 Paragraph 1. All government,
f ri-bt originates with the people, is found-
\ "‘ * t } ie j r will only, and is instituted
°olclv lor the £<>o<l of tho -whole. Public of-
ti’crs are the trustees and the servants of the
^ j e - an j a t all times amenable to them.”
F " ' 1 V' r . 2. protection to person and property
I the paramount duty of government, and
-h:ill he idi{ artial and complete.
I’.ir. -I. N ’ person shall be deprived of
liiV liberty, or property, except by due pro-
of law.
p ;; r. 4. N • person shall be deprived ol the
r j„ht to pr ?e.‘ute or defend his own cause in
any of tho ‘'«.urt« ol this State, in person, by
attorney, or both.
Par 5. Kfory person charged with an ofiense
ininst the laws of the State, shall have the
privilege and benefit of counsel, shall be fur-
nished^on demand with a copy of the accusa
tion, and a list of the witnesses on whose
tc-stimony the charge against him is founded;
t-bull have cuinpulsory process to obtain the
tc-timony of his own witnesses, shall be con-
I'Oiuei with the witnesses testifying against
him, and shall have a public and speedy trial
l v an impartial jury.
*l’ar. 0. No person shall be compelled to
<mvo testimony tending in any manner to
rim in ate himself.
Par. 7. Neither banishment beyond the
limits*of the State, nor whipping, as a pun-
hhiueni f..r crime, shall be allowed..
P ar. S. No person shall be put in jeopardy
(l f i,( ei or liberty, more than once for the
' ime offense, save on his, or her, own mo
tion for a new trial alter conviction, or in
case of mistrial. „
Par. 9. Excessive bail shall not be required,
n ,, r excessive fines imposed, nor cruel and
unusual punishment inflicted; nor shall any
person be abused in being arrested, while
under arrest, or in prison.
Par. 10. No person shall be compelled to
pay costs, except after conviction, on final
trial.
Par. 11. The wiit of habeas corpus shall
n »t l*c suspended.
par. 12. All men have the natural and inal
ienable right to worship God, each according
4 o the dictates of his own conscience, and no
human authority should, in any case, control
: interfere with such right of conscience.
Par. 15. No inhabitant of this State shall be
molested in person or property, or prohibit
'd from holding any public office, or trust, on
a.'.Munt of his religious opinions; but the
rc'ht of liberty of conscience shall not be so
construed as to excuse acts of licentiousness,
or justify practices inconsistent with the
j.'.v’-e and safety of the State.
Par. 14. N<> money shall ever be taken from
the public treasury directly or indirectly in
..i 1 t any church, sect or denomination ot
religionists, or of nny sectarian institution.
Par. 15. No law shall ever be passed to
urtail, or restrain, tho liberty of speech of
the press; nny person may speak, write, and
: ul.ilidi bis sentiments on all subjects, being
responsible for the abuse of that liberty.
Par. 10. The right of the people to be secure
in their persons, houses, papers and effects
against unreasonable searches and seizures,
-hall not be violated; and no warrant shall
;-ue except upon probable cause, supported
i. ynath, or affirmation,particularly describing
the place, or places, to be searched and the
persons and tilings to be seized.
Par. 17. There shall be within the State of
•teoreia neither slavery nor involuntary ser
vitude. save as a punishment for crime, after
legal conviction thereof.
Par. I s . The social status of the citizen
dia!! never be the subject of legislation.
Par 19. The civil authority shall be supe
rior to the military, and no soldier sh ill in
time ol peace be quartered in any house
without the o msent of the owner,nor in time
ot war except by the civil magistrate, in such
manner us may be provided by law.
Par. 20. The power of the courts to pun-
i-b for ,• ntempt shall be limited by legisla
te act-.
Par. 21. There shall be no imprisonment
iuf debt.
Par. 22. The right of the people to keep
and bear arms shall not be infringed, bat
the General Assembly shall have power to
• reserihe the manner in which arms shall be
borne.
Par. 2.4. The legislative, j udicial and exec
utive powers shall forever remain separate
and distinct, uid no person discharging the
•“ties of one shall, at tho same time cxer-
ise the functions of either of the others, ex-
t as herein provided.
Par. 24. The people have the right to as-
■ruble peaceably ior their common good, and
apply to tho#c; vested with the powers of
it' ''ernm.'tit for redress of grievances hy pe-
i:i"it or remonstrance.
Pur. 25. All citir.ens of the United .States,
e-.dm In ibis .State, are hereby declared
i ibis State and it shall be the duty
! the iH.:."ral Assembly to enact such laws
j. " trill pr sect them in the full enjoyment of
‘1‘" rights, privileges and immunities due to
’ ; citizenship.
'i t: •, II. Paragraph 1. Inallpros-
f-cutions or indictments for libel the
ijiith may be given in evidence; and
b‘e jury in all criminal cases shall be
“^■judges of the law and of the facts.
h- r ' power of the judges to grant new
■hi-r in cases of conviction is pre-
rfrved.
I‘m. 2. Treason against the State of
"-■;rgia. shall consist of levying war
gainst her: adhering to her enemies;
:; yir.c them aid and comfort. No per-
" JR diail be convicted of treason ex-
' c f; °u tho testimony of two witnesses
u ‘e same overt act, or confession in
-pon court.
lar 3. No conviction shall work
’orrjpt
ion of blood, or forfeiture of es
tate. ’
; lr ' 4. All lotteries, and the sale of
'tUrv tickets are hereby prohibited,
r-- 1 ' this proliibiticn shall be enforced
'f penal laws.
.. hr. 5. Lobbying is declared to be a
| ^-oe, and the General Assembly shall
'n orce this provision by suitable pen-
| ! -Uw.
*’ ar - G. The General Assembly shall
i-Tvo the power to provide for the pun-
■ 'hiner.t of fraud; and shall provide,
J j ’ *" or reaching the property of
I debtor concealed from the creditor.
rf '-Taios III. Paragraph 1. In cases
j- necessity, private ways may be grant-
•ei npon just compensation being first
Mt . r tlle applicant. Private prop-
^ shall not be taken or damaged, for
p *’ 10 purposes, without just and ade-
1 ate compensation being first paid.
, f a [ - 2. No bill of attainder, ex post
,', u ‘ a 'L retroactive law, orlawimpair-
'be obligation of contracts, or mak
: irrevocable grant of special privi-
p &r ^ n ununities, shall be passed.
, ar - u. No grant of special privileges
in l®? unu r e 9 stall be revoked, except
uch manner as to work no injustice
M. DWINELL, PROPKIETOR.
“WISDOM, JUSTICE* AND MODERATION.”
TWO DOLLARS PER ANNUM.
VOLUME XXXII.
to the corporators or creditors of the in
corporation.
Section IV. Paragraph 1. Laws of a
general nature shall have uniform op
eration throughout the State, and no
special law shall be enacted in any case
for which provision has been made by
an existing general law. No general
law affecting private rights shall be va
ried in any particular case, by special
legislation, except with the free consent
in writing of all persons to be affected
thereby; and no person under legal
disability to contract is capable of such
consent.
Par. 2. Legislative acts in violence of
this Constitution, or the Constitution of
the United States, are void, and the
judiciary shall so declare them.
Section V. Paragraph 1. The people
of this State have the inherent, sole and
exclusive right of regulating their in
ternal government, and the police there
of, and of altering and abolishing their
Constitution whenever it may be neces
sary to their safety and happiness.
Par. 2. The enumeration of rights
herein contained as a part of this Con
stitution shall not be construed to deny
to the people any_ inherent rights which
they may have hitherto enjoyed.
ARTICLE II.—ELECTIVE FRANCHISE.
Section I. Paragraph 1. In all elec
tions by the people, the electors shall
vote by ballot.
Par. 2. Every male citizen of the
United 3Wtca (except ao HoToinafter
provided), twenty-one years of age,
who shall have resided in this State
one year next preceding the election,
and shall have resided six months in
the county in which he offers to vote,
and shall have paid all taxes which
may hereafter be required of him and
which ho may have had an opportuni
ty of paying, agreeably to law, except
for the year of the election, shall be
deemed an elector: Provided, that no
soldier, sailor or marine in the military
or naval service of the United States
shall acquire the rights of an elector,
by reason of being stationed on duty in
this State; and no person shall vote
who, if challenged, shall refuse to take
the following oath, or affirmation: “I
do swear (or affirm) that I am twenty-
one years of age, have resided in this
State one year, and in this county six
months, next preceding this election.
I have paid all taxes which, since the
adoption of the present Constitution of
this State, have been required of me
previous to this year, and which I have
had an opportunity to pay, and that I
have not voted at this election.”
Section II. Paragraph 1. The Gen
eral Assembly may provide, from time
to time, for the registration of all elec
tors, but the following classes of per
sons shall not be permitted to register,
vote or hold any office, or appointment
of honor or trust in this State, to-wit:
1. Those who shall have been convicted
in any court of competent jurisdiction,
of treason against the State, of embez
zlement of public funds, malfeasance
in office, bribery or larceny, or of any
crime InvnMng moral uirplluCLe, pun-
ishable by the laws of this State with
imprisonment in the penitentiary, un
less such person shall have been par
doned. 2d. Idiots and insane persons.
Section III. Parapraph 1. Electors
shall, in all cases, except for treason,
felony, larceny, and breach of the peace,
be privileged from arrest daring their
attendance on elections, and in going
to and returning from the same.
Section IV. Paragraph 1. No person
who is the holder of any public money,
contrary to law, shall be eligible to any
office in this State until the Bame is ac
counted for and paid into the treasury.
Par. 2. No person who, after the
adoption of this Constitution, being a
resident of this State, shall have been
convicted of fighting a duel in this
State, or convicted of sending or accept
ing a challenge, or convicted of aiding
or abetting such duel, shall hold office
in this State, unless he shall have been
pardoned; and every such person shall
also be subject to such punishment as
may be prescribed by law.
Section V. Paragraph 1. Tho Gen
eral Assembly shall, by law,_ forbid tiie
sale, distribution, or furnishing of in
toxicating drinks within two miles of
election precincts on days of election—
State, county, or municipal—and pre
scribe punishment for any violation of
the same.
Section VI. Paragraph 1. Returns
of election for all civil officers elected by
the people, who are to be commissioned
by the Governor, and, also, for the
members of the Goneral Assembly, shall
be made to the Secretary of State, un
less otherwise provided by law.
ARTICLE III.—LEGISLATIVE DEPARTMENT.
Section I. Paragraph 1. The legisla
tive power of the State Bhall be vested
in a Genera) Assembly which shall
consist of a Senate and House of Rep
resentatives.
Section II. Paragraph 1. The Senate
shall consist of forty four members.
There shall be forty four senatorial dis
tricts, as now arranged by counties.
Each district shall have one senator. _
Par. 2. The first senatorial district
shall be composed of the counties of
Chatham, Bryan and Effingham.
The second senatorial district shall
be composed of the counties of Liberty,
Tatnall and McIntosh.
The third senatorial district shall be
composed of the counties of Wayne,
Pierce and Appling.
The fourth senatorial district shall be
composed of the counties of Glynn,
Camden and Charlton.
The fifth senatorial district shall be
composed of the counties of Coffee,
Ware and Clinch.
The sixth senatorial district shall be
composed of the counties of Echols,
Lowndes and Berrien.
The seventh senatorial district shall
be composed of the counties of Brooks,
Thomas and Colquitt.
The eighth senatorial district shall
be composed of the counties of Decatur,
Mitchell and Miller.
The ninth senatorial district shall be
composed of the counties of Early, Cal
houn and Baker.
The tenth senatorial district shall be
composed of tho counties of Dougherty,
Lee and Worth.
The eleventh senatorial district shall
be composed of the counties of Clay,
Randolph and Terrell.
The twelfth senatorial district shall
be composed of the counties of Stew
art, Webster and Quitman.
The thirteenth senatorial district shall
be composed of the counties of Sumter,
Schley and Macon, .
The fourteenth senatorial district shall
composed of the counties of Dooly,
ROME, GEORGIA, WEDNESDAY MORNING, SEPTEMBER 5, 1877.
NEW SERIES-NO. 1
be r
Wilcox, Pulaski and Dodge.
The fifteenth senatorial district shall
be composed of the counties of Mont
gomery, Telfair and Irwin.
The sixteenth senatorial district shall
be composed of the counties of Lau
rens, Emanuel and Johnson.
The seventeenth senatorial district
shall be composed of the counties of
Screven, Bulloch and Burke.
The eighteenth senatorial district
shall be composed of the counties of
Richmond, Glasscock and Jefferson.
The nineteenth senatorial district
Bhall be composod of the counties of
Taliaferro, Green and Warren.
The twentieth senatorial district shall
be composed of the counties of Bald
win, Hancock and Washington.
The twenty-first senatorial district
shall be composed of the counties of
Twiggs, Wilkinson and Jones.
The twenty-second senatorial district
shall be Composed of the counties of
Bibb, Monroe and Pike.
The twenty-third senatorial district
shall be composed of the countieB of
Houston, Cawford and Taylor.
The twenty-fourth senatorial district
shall be composed of the counties of
Muscogee, Marion and Chattahoochee.
The twenty-fifth senatorial district
shall be composed of the counties of
Harris, Upson and Talbot.
The twenty-sixth senatorial district
shall be composed of the counties of
Spalding, Butts and Fayette.
The twenty-seventh senatorial district
shall be composed of the counties of
Newtoii, Wnlton, Clnrlrp. Oconee and
Rockdale.
The twenty-eighth senatorial district
shall be composed of the counties of
Jasper, Putnam and Morgan.
The twenty ninth senatorial district
shall be composed of tho counties of
Wilkes, Columbia, Lincoln and Mc
Duffie.
The thirtieth senatorial district shall
be composed of the counties of Ogle
thorpe, Madison and Elbert
The thirty-first senatorial district
shall be composed of the counties of
Hart, Habersham and Franklin.
The thirty-6econd senatorial district
shall be composed of the counties of
White, Dawson and Lumpkin.
The thirty-third senatorial district
shall be composed of the counties of
Hall, Banks and Jackson.
The thirty-fourth senatorial district
shall be composed of the counties of
Gwinnett, DeKalb and Henry.
The thirty-fifth senatorial district
shall he composed of the counties of
Clayton, Cobb and Fulton.
The thirty-sixth senatorial district
shall be composed of the counties of
Campbell, Coweta, Meriwether and
Douglass.
The thirty-seventh senatorial district
shall be composed of the counties of
Carroll, Heard and Troup.
The thirty-eighth senatorial district
Bhall be composed of the counties of
Haralson, Polk and Paulding.
The thirty-ninth senatorial district
shall be composed of the counties of
Milton, Cherokee and Forsyth.
Tlic AjiLiuin senatorial atoutot shall
be composed of the counties of Union,
Towns and Rabun.
The forty-first senatorial district shall
be composed of the counties of Pickens,
Fannin and Gilmer.
The forty-second senatorial district
shall be composed of the counties <Tf
Bartow, Floyd and Chattooga.
The forty-third senatorial district
shall be composed of the counties of
Murray, Gordon and Whitfield.
The forty fourth senatorial district
shall be composed of the counties of
Walker, Dade and Catoosa.
Par. 3. The general assembly may
change these districts after each census
of the United States: Provided, That
neither the number of districts nor ihe
number of senators from each district
Bhall be increased.
Section III. Paragraph 1. The house
of representatives shall consist of one
hundred and seventy-five representatives,
apportioned among the several counties as
follows, to-wit: To the six counties hav
ing tho largest population, viz: Chatham
Richmond, Burke, Houston, Bibb, Ful
ton, three representatives, each; to the
twenty-six counties having the next
largest population, viz: Bartow, Coweta,
Decatnr, Floyd, Greene, Gwinnett, Har
ris, Jefferson, Meriwether, Monroe, Mus
cogee, Newton, Stewart, Sumter, Thomas,
Troup, Washington, Hancock, Carroll,
Cobb, Jackson, Dougherty, Oglethorpe,
Macon, Talbot and Wilkes, two repre
sentatives, each ; and the remaining 105
counties, one representative each.
Par. 2. The above apportionment shall
be changed by the general assembly at
its first session after each ccnaus taken by
the United States government, so as to
give the six counties having the largest
population three representatives, each;
and the twenty-six counties having the
next largest population two representa
tives, each; but in no event shall the ag
gregate number of representatives be in
creased.
Section IV. Paragraph 1. The mem
bers of the general assembly shall be
elected for two years, and shall serve un
til their successors are elected.
Par. 2. The first election for members
of the general assembly, under this con
stitution, shall take place on the first
Wednesday in December, 1877, the sec
ond election for the same shall be held
on ihe first Wednesday in October, 1880,
and subsequent clectiens biennially, on
that day, until the day of election is
changed by law.
Par. 3. The first meeting of tho gener
al assembly, after ratification of this Con
stitution, shall be on the first Wednesday
in November, 187S, and subsequent meet
ings biennially thereafter, on the same
day, until the day shall be changed hy
law. But nothing herein contained shall
be construed to prevent tho governor from
calling an extra session of the general
assembly before the first Wednesday in
November, 1878, if in his opinion, the
public good shall require it.
Par. 4. A majority of each house shall
constitute a quorum to transact business;
but a smaller number may adjourn from
day to day and compel the presence of
its abHcnt members, as each house may
provide.
Par. 5. Each senator and representa
tive before taking bis seat, Bhall take the
following oath, or affirmation, to-wit: “I
will support the Constitution of this State,
and of the United States, and on all
questions and measures which may come
before me, I will conduct myself as will,
in my judgment, be most conducive to
the interest and prosperity of this State.”
Par. 6. No session of the goneral as
sembly shall continue longer, than forty
days, unless by a two-thirds vote of the
whole number of each house.
Par. 7. No person holding a military
commission or other appointment or office
having any emolument or compensation
annexed thereto nnder this State or the
United States, or either of them, except
justices of the peace and officers of the
militia, nor any defaulter for public mon
ey or for any legal taxes required of him'
shall have a seat in either house; ner
shall any Senator or Representative, after
his qualification as such, be elected by
the General Assembly or appointed hy-
the Governor, either with or without the
advice and consent of the Senate, to any
office or appointment having any emolu
ment annexed thereto during the time for
which he shall have been elected.
Par. S. The seat of a member of either
house shall bo vacated on his removal
from the district or county from which
he was elected.
Section V. Paragraph 1. The Sena-'
tors shall be citizens of the United
States, who have attained the age of 25
years, and who shall have been citizens
of this State for four years, and for one
year residents of the district from which
elected.
Par. 2.' The presiding officer of the
Senate shall be styled the President of
the Senate, and shall he elected viva toe*
from the Senators.
Par. 3. The Senate shall have the sole
power to try impeachments.
Par. 4. When sitting for that purpose,
the members shall bo on oath or affirma
tion, and shall be presided over by tV
chief justice or the presiding justice of
tho Supreme Court Should the chief
justice be disqualified, tho Senate stall
select the judge of the Supreme Court to
preside. No person shall be convicted
without the concurrence of two-thirds of
the members present
Par. 5. Judgments, in coses of im
peachment, shall not extend further than
removal from office, and disqualification
to hold and enjoy any office of ho»or,
trust or profit within this State; bnt \ e
party convicted shall nevertheless be'it
ble and subject to indictment, trial, jtith-
ment and punishment according to lfiv.
Section VI. Paragraph 1. The Rep
resentatives shall be citizens, • of. the
the United States who have attained the
age of 21 years, and who shall have been
citizens of this State for two years
and for one year residents of the counties
from which elected. - *
Par. 2. Tho presiding officer of the
House of Representatives shall be styled
the Speaker of the House of Representa
tives, and shall be olected viva voce from
the body.
Par. 3. The House of. Representatives
shall have the sole power to impeach all
persons who shall have been or may be in
office. i
Section VII. Paragraph 1. Each
house shall be the judge of the election,
returns, and qoaifications, of its members,
and shall have power to punish them for
disorderly behavior or misconduct, by
censure, fine,''imprisonment or expulsion;
but no member shall be expelled except
vote of two-thirds of the house to by a
which he belongs.
Par. 2. Each house may punish by
imprisonment, not extending beyond j th6
session, any person, not a member, wfio
BU..U i. guilty oi contempt Dy any dis
orderly behavior in its presence, or who
shall rescue or attempt to rescue any per
son arrested by order of either house.
Par. 3. The members of both houses
shall be free from arrest during their at
tendance on the general assembly and in
going thereto and returning there from,
except for treason, felony, larcony or
breach of the peace; and no member
shall be liable to answer in any other
place for anything spoken in debate in
either house.
Par. 4. Each house shall keep a jour
nal of its proceedings, and publish it im
mediately after its adjournment.
Par. 5. The original journal shall be
preserved after publication in the office
of the secretary of State, but there shall
be no other record thereof.
Par. 6. The yeas and nays on any ques
tion, shall, at the desire of one-fifth of
the members present, bo entered on the
journal.
Par. 7. Every bill, before it shall
pass, shall he read three times,
and on three separate days, in each
house, unless in cases of actual invasion
or insurrection.
Par. 8. No law or ordinance shall pass
which refers to more than one subject
matter, or contains matter different from
what is expressed in the title thereof.
Par. 9. The general appropriation bill
shall embrace nothing except appropria
tions fixed by previous laws, the ordinary
expenses of the executive, legislative and
judicial departments of the government,
payment of the public debt and interest
thereon, and for support of tho public
institutions and educational interests of
the State. All other appropriations shall
be made by separate bills; each embrac
ing but one subject.
Par. 10. All bills for raising revenue
or appropriating money shall originate
in the House of Representatives, but the
Senate, may propose or concur in amend
ments as in other bills.
Par. 11. No money shall he drawn
from tho treasury except hy appropria
tion made by law, and a regular state
ment and account of the receipt and ex
penditure of all public money shall be
published every three months, and, also,
with the laws passed by each session of
the General Assembly.
Par. 12. No bill or resolution appropri
ating money shall become a law unless,
upon its passage, the yeas and nays, in
each house arc recorded.
Par. 13. All acts shall be signed by
the President of the Senate and the
Speaker of the House of Representa
tives, and no bill, ordinance or resolu
tion, intended to have the effect of a
law, which shall have been rejected by
either House, shall be again proposed
during the same session, under the
same or any other title, without the
consent of two-thirds of the IIouso hy
which the same was rejected.
Par. 14. No bill shall become a law
unless it shall receive a majority of the
votes of all the members elected to
each House of the General Assembly,
and it shall, in every instance, so ap
pear on the journal.
Par. 15. All special or local bills
shall originate in the Hcfuse of Repre
sentatives. The Speaker of the House
of Representatives shall, within five
days from the organization of the Gen
eral Assembly, appoint a committee
consisting of one from each Congress
ional District, whose duty it shall be to
consider and consolidate all special and
local bills and report the same
to the House; and no special or
local bill shall be read or con
sidered by the House until the same
has been reported by said committee,
unless by a two-thirds vote. And no
bill shall be considered or roported to
the House by said committee unless
the same shall have been laid before it
within fifteen days after the organiza
tion of the General Assembly; except
by a two-thirds vote.
: Par. 16. No local or special bill shall
be passed, unless notice of the inten
tion to apply therefor shall have been
published in the locality where the
matter or thing to be affected may be
situated, which notice shall be given at
least thirty days prior to tiie introduc
tion of such bill into the General As
sembly, and kt the manner to be pre
scribed by law. The evidence of such
notice having been published, shall be
exhibited in the General Assembly be
fore such act shall be passed.
Par. 17. No law, or section of the
code, shall be amended or repealed by
mere reference to its title, or to the num
ber of the section of the code, but the
amending, or repealing act, shall dis
tinctly describe the law to be amended
or repealed, as well as the alteration to
be made.
Par. 18. The General Assembly shall
have no power to grant corporate pow
ers and privileges to private companies,
except banking, insurance, railroad,
canal, navigation, express and telegraph
companies; nor to make or change
election precincts; nor to establish
bridges or ferries: nor to change names
or legitimatize children; but it Bhall
prescribe by law the manner in which
such powers shall be exercised by the
courts.
Par. 19. The General Assembly i,b«at
have no power to relieve principals or
securities upon forfeited recognizances,
from the payment thereof; either before
or after judgment thereon, unless the
principal in the recognizance shall have
been apprehended and placed in| the
custody of tho proper officer.
Par. 20. The General Assembly shall
not authorize the construction of any
street passenger railway within the lim
its of any incorporated town or city
without the consent of the corporate
authorities.
Par. 21. Whenever the Constitution
requires a vote of two-thirds of either
or both Houses for the passage of an
act or resolution, the yeas and nays on
the passage thereof shall be entered on
the journal.
Pax. 22. The General Assembly shall
have power to make all laws and ordi
nances consistent with this Constitu
tion, and not repugnant to the Consti
tution of the United States, which they
shall deem necessary and proper for
the welfare of the State.
Par. 23. No provision in this Consti
tution for a two-thirds vote of both
Houses of the General Assembly shall
be construed to waive tho necessity for
the signature of tho Governor, as in
any other case, except in the case of
the two-thirds vote required to override
the veto, and in case of prolongation of
a session of the General Assembly.
Par. 24. Neither House shall adjourn
for more than three days, or to any
other place, without the consent of the.
other, and in case of disagreement be
tween the two Houses on a question of
adjournment, the Governor may adjourn
CltUbi, v* LuO. .f
Section VIII. Par. 1. The officers of
the two Houses, other than the Presi
dent and Speaker, shall be a secretary
of the Senate and Clerk of the House of
Representatives, and such assistants as
they may appoint; but the clerical ex
penses of the Senate shall not exceed
sixty^dollars per day for each session,
nor those of the House of Representa
tives seventy dollars per day for each
session. The secretary of the Senate
and clerk of the House of Representa
tives shall be required to give bond and
security for the faithful discharge of
their respective duties.
Section IX. Paragraph 1. The per
diem of the members of the General
Assembly shall not exceed font dollars,
and mileage shall not exceed ten cents
for each mile traveled by the nearest
practicable route, in going to and re
turning from the capital; but the Pres-
dent of the Senate and the Speaker of
the House of Representatives shall
each receive not exceeding seven dol
lars per day.
Section X. Pargraph 1. All elections
by the General Assembly shall be viva
voce, and the vote shall appear on the
journal of,the House of'Representatives.
When the Senate and House of Rep
resentatives unite for the purpose of
elections, they shall meet in the Repre
sentative Hall, and the President of the
Senate shall, in such cases, preside and
declare the result
Section XI. Paragraph 1. All prop
erty of the wife at the time of her mar
riage, and all property given to inherit
ed or acquired by her, shall remain her
separate property, and not be liable for
the debts of her husbaud.
Section XII. Paragraph 1. All lifo
insurance companies now doing busi
ness in this State, or which may desire
to establish agencies and do business
in the State of Georgia, chartered by
other States of the Union, or foreign
States, shall show that they have de
posited with the Comptroller General
of the State in which they are char
tered, or of this S*ate, tiie Insurance
Commissioner, or such other officer as
may be authorized to receive it, not less
than one hundred thousand dollars, in
such securities as may be deemed by
such officer equivalent to cash,subject to
his orders, as a guarantee fund for the
security of policy holders.
Par. 2. When such showing is made
to the Comptroller General of the State
of Georgia by a proper certificate from
the State official having charge of the
fund so deposited, the Comptroller Gen
eral of the State of Georgia is author
ized to issue to the company making
such showing a license to do business
in the State, upon paying the fees re
quired by law.
Par. 3. All insurance companies
chartered by the State of Georgia, or
which may hereafter be chartered by
the State, shall, before doing business,
deposit with the Comptroller General
of the State of Georgia, or with some
strong corporation, which may be ap
proved by said Comptroller General,
one hundred thousand dollars, in such
securities as may be deemed by him
equivalent to cash, to be subject to his
order, as a guarantee fund for the secu
rity of the policyholders of the compa
ny making such deposit, all interest
and dividends arising from such secu
rities to be paid, when due,.to the com
pany so depositing. Any such securi
ties as may be needed or desired by the
company may be taken from said de
partment at any time by replacing
them with other securities equally ac
ceptable, to the Comptroller General;
whose certificate for the same shall be
furnished to tiie company.
Par. 4. The General Assembly shall,
from time to time, enact laws to com
pel all fire insurance companies doing
business in this State, whether charter
ed by this State or otherwise, to deposit
reasonable securities with the Treasur
er of this State, to secure the people
against loss by the operations of said
companies.
Par. 5. The General Assembly shall
compel all insurance companies in this
State, or doing business therein, under
proper penalties, to make semi-annual
reports to the Governor, and print the
same at their own expense, for the in
formation and protection of the people.
ARTICLE IV.—POWER OF THE GENERAL
ASSEMBLY OVER TAXATION.
Section L Paragraph. 1. The right of
taxation is a sovereign right—inalien
able, indestructible—is the life of the
State, and rightfully belongs to the peo
ple in.all republican governments, and
neither the General Assembly, nor any
nor ail other departments of the gov
ernment established by this Constitu
tion, shall ever have the authority to
irrevocably give, grant, limit, or restrain
this right; and ail laws, grants, con
tracts, and all other acts, whatsoever,
by said government, or any depart
ment thereof, to effect any of these pur
poses, shall be, and are hereby declared
to he null and void, for every purpose
whatsoever; and said right of taxation
shall always be under the complete
control of, and revocable by, the State,
notwithstanding any gift, grant, or con-
tract, WnaiSUtJVex, VJ ui? ucucioi xxa-
sembly.
Section II. Paragraph 1. The power
and authority of regulating railroad
freight and paspenger tariffs, preventing
unjust discriminations, and requiring
reasonable and just rates of freight and
passenger tariffs, are hereby conferred
upon the General Assembly, whose
duty it shall be to pass laws, from time
to time, to regulate freight and passen
ger tarifis, to prohibit unjust discrim
inations on the various railroads of this
State, and to prohibit said roads from
charging other than just and reasonable
rates. and|enforce the same by adequate
penalties.
Par. 2. Tho exorcise of the right of
eminent domain shall neyer be abridg
ed, nor so construed as to prevent the
General Assembly from taking the
property and franchises of incorporated
companies, and subjecting them to
public use, the same as the property of
individuals; and the exercise of the po
lice power of the State shall never be
abridged, nor so construed as to permit
corporations to conduct their business
in such manner as to infringe the equal
rights ,of individuals, or the general
well being of the State.
Par. 3. The General Assembly shall
not remit the torfeiture of the charter
of any corporation now existing, nor.
alter or amend the same, nor pass any
other general or special law for the ben
efit of said corporation, except upon
the condition that such corporation shall
thereafter hold its charter subject
to the provisions of this Constitution;
and every amendment of any charter of
any corporation in thia. Suite, o» »«y
special law for its benefit, accepted
thereby, shall operate as a novation of
said charter and shall bring the same
under the provisions of this Constitu
tion; Provided, that this section shall
not extend to any amendment for the
purpose of allowing any existing road
to take stock in or aid in the building
of any branch road.
Par. 4. The General Assembly of this
State shall have no power to authorize
any corporation to buy share, or stock,
in any other corporation in this State,
or elsewhere, or to make any contract,
or agreement whatever, with any such
corporation, which may have the effect,
or be intended to have the effect, to de
feat or lessen competition, or to encour
age monopoly; and all such contracts
and agreements shall be illegal and
void.
Par. 5. No railroad company shall
give, or pay, any rebate, or bonus in
the nature thereof directly or indirect
ly, or do any act to mislead or deceive
the public as to the real rates charged
or received for freights or passage, and
any such payments shall be illegal and
void, and these prohibitions shall be en
forced by suitable penalties.
Par. 6. No proyision of this article
shall bo deemed, held or taken to im
pair the obligation of any contract
heretofore made by the State of Geor-
gia. .
Par. 7. The General Assembly shall
enforce tiie provisions of this article by
appropriate legislation.
article v.—executive department.
Section I. Paragraph 1. The officers
of the Executive Deparment shall con
sist of Governor, Secretary of State,
Comptroller General and Treasurer.
Par. 2. The executive power shall be
vested in a Governor, who shall hold
his office during the term of two years,
and until his successor shall be chosen
and qualified, ne shall not be eligible
to re-election, after the expiration of
a second term, for the period of four-
years. He shall have a salrry of three
thousand dollars per annum, (until
otherwise provided by a law passed by
a two-thirds vote of both branches of
the General Assembly) which shall not
be increased or diminished during the
period for which »he shall have been
elected; nor shall he receive within that
time any other emolument from the
United States, or either of them, or
from any foreign power. But this re
duction of salary shall not apply to the
present term of the present Governor.
Par. 3. The first election for Govern
or, under this Constitution, shall be
held on the first Wednesday in Octo
ber, 1SS0, and the Governor-elect shall
be installed in office at the next session
of the General Assembly. An election
shall take place biennially thereafter,
on said day, until another date lie fixed
by the General Assembly. Said elec
tion shall beheld at the places of hold
ing general elections in the several
counties of this State, in the manner
prescribed for the election of members
of the General Assembly, and the elec
tors shall be the same.
Par. 4. The returns for every election
of Governor shall he scaled up by the mana
gers, separately from other returns, and di
rected to the President of the Senate and
Speaker of the House of Representatives, and
transmitted to the Secretary of State, who
shall, without opening stud returns, cause
the same to be laid before the Senate on the
day after the two houses shall have been or
ganised ; and they shall bo transmitted by
Uie Senate to the Houso of Representatives,
Par. 5. The members of each branch of
the General Assembly shall convone in the
Representative nail, and the President of
the Senate and the Speaker of the House of
Representatives shall open and publish the
returns in the presence and under the
direction of the General Assembly; and
the person hating the majority of the
whole number of votes shall be declared
duly elected Governor of this State ; but if
no person have such majority, then from
the two persons having tb% highest number
of votes, who shall be in life, and shall
not decline an election at ihe time appointed
for the General Assembly to. elect, the Gen
eral Assemby shall immediately elect a Gov
ernor viva voce; and in all coses of election of
a Governor by the General Assembly, a ma
jority of the members present shall he neces
sary to a choice.
Par, 6. Contested elections shall be de
termined by both Houses of the General As
sembly, in such manner as shall be prescrib
ed by law.
Par. 7. No person shall be eligible to
the office of Governor who shall not have
been a citizen of the United States fifteen
years, and a citizen of this State six years,
and who shall not have attained the age ot
thirty years.
Par. VIII. In case of the death, resigna
tion or disability ot the Governor, the Presi
dent of the Senate shall exercise the execu
tive powers of the government until such dis
ability be removed, or a successor is elected
and qualified. And in cose of the death, res
ignation or disability of the President of tiie
Senate, the Speaker of the House of Repre
sentatives shall exercise the executive pow
ers of the government until the removal of
the disability, or the election and qualifica
tion of a Governor.
Par. 9. The Genera] Assembly shall have
power to provide by law for filling unexpired
terms hy special elections.
Pas, 10. The Governor shall, before he en
ters on the duties of his office, take the fol
lowing oath, or affirmation: “I do solemnly
swear (or affirm, as the case may be,) that I
will faithfully execute the office of Governor
ot my ability, preserve, protect and defend
the Constitution thereof, and the Constitution
of the United States of America.”
Par. 11. The Governor shall be comman-
der-in-chief of the army and navy of this
State, and of the militia thereof.
Pari l". He shall have power to grant
reprieves and pardons, to commute penal
ties, remove disabilities imposed by law,
and to remit any part of a sentence for
offenses against the State, after convic
tion, except in oeses of treason and im
peachment, subject to such regulations as
may be provided by law relative to the man
ner of applying for pardons. Upon convic
tion ter treason, he may suspend the execu
tion of the sentence, and report the case to
the General Assembly, at the next meeting
thereof, when the General Assembly shall
cither pardon, commute the sentence, direct
its execution, or grant a further reprieve.
He shall, at each session of the General As
sembly, communicate to that body each case
of reprieve, pardon, or commutation granted,
stating the name ot the convict, the offense
of which he was convicted, the sentence and
its date, the date of the reprieve, pardon, or
commutation, and the reasons for granting
the same. He shall take care that the laws
are faithfully executed, and shall be a con
servator of the peace throughout the State.
Par. 13. He shall issue writs of election
to fill all vacancies that may happen in the
Senate or House of Representatives, and
shall give the General Assembly, from time
to time, information of the state of the Com
monwealth, and recommend to their consid
eration such measures as he may deem neces
sary or expedient. He shall have power to
convoke the General Assembly on extraordi
nary occasions, but no law shall be enacted
at called sessions of the General Assembly
except such as shall relate to the object
stated in his proclamation convening them.
Par. 14. When any office shall become
vacant by death, resignation, or otherwise, the
UiirifiinF at,nil have power to fill such va
cancy, unless otherwise provided by law;
and persons so appointed shall continue in
office until a successor is commissioned, agree
ably to the mode pointed out by this Const!
tution, or by law in pursuance thereof.
Par. 15. A penon once rejected by the
Senate shall not be re-appointed by the Gov
ernor to the same office during the same ses
sion, or the recess thereafter.
Par. 16. The Governor shall have the revis
ion of all bills passed hy the General Assem
bly before the same shall become laws, but
two-thirds of each House may pass a law, not
withstanding his dissent, and if any hill
should not be returned by the Governor with
in five days (Sunday excepted) after it has
been presented to him, the same, shall be a
law, unless the General Assembly, hy their
adjournment, shall prevent its return. He
may approve any appropriation, and disap
prove any other appropriation, in the same
bill, and the latter shall not he effectual un
less passed hy two-thirds of each House.
Par. 17. Every vote, resolution or or
der to which the concurrence of both houses
may be necessary, except on a question of
election or adjournment, shall be presented
to the Governor, and, before it shall take ef
fect, be approved hy him, or, being disap
proved, shall he repassed by two-thirds of
each House.
Par. 18. He may require information,
in writing, from the officers in the Executive
Department on any subject relating to the
duties of their respective offices. It shall be
the duty of the Governor, quarterly, and
oftener if he deems it expedient, to examine,
under oath, the Treasurer and Comptroller
General of the State on all matters pertain
ing to their respective offices, and to inspect
and review their books and accounts. The
General Assembly shall have authority to
provide by law lor the-suspension of either
of said officers from the discharge of the
duties ot his office, and, also, for the appoint
ment of a suitable person to discharge the
duties of the same.
Par. 19. The Governor shall have power
to appoint his own secretaries, not exceeding
two in number, and to pravldo sueh ntlipr
clerical force as may be required in his office,
but the total cost for secretaries and clerical
force in his office shall not oxcecd six thou
sand dollars per annum.
Section IL Paragraph 1. The Sec
retary of State, Comptroller General
and Treasurer shall be elected by the
persons qualified to vote for members
of the General Assembly, at the same
time and in the same manner as the
Governor. The provisions of the Con
stitution as to the transmission of the
returns of elections, counting the votes,
declaring the result, deciding when
there is no election and when there is a
contested election, applicable to the
election of Governor, shall apply to the
election of Secretary of State, Comp
troller Generaland Treasurer; they shall
be commissioned hy the Governor, and
hold their offices for the same time as
the Governor.
Par. 2. The salary of the Treasurer
shall not exceed two thousand dollars
per annum. The clerical expenses of
his department shall not exceed sixteen
hundred dollars per annum.
Par. 3. The salary of the Secretary of
State shall not exceed two thousand
dollars per annum, and the clerical ex
penses of his department shall not ex
ceed one thousand dollars per annum.
Par. 4. The salary of the ComptroUer
General shall not exceed two thousand
dollars per annnm. The clerical ex
penses of his department, including the
insurance department and wild land
clerk, shall not exceed fonr thousand
dollars per annum—and witho.nt said
clerk it shall not exceed three thousand
dollars per annum.
Par. 5. The Treasurer shall not he
allowed, directly or indirectly, to re-,
ceive any fee, interest or reward from
any person, hank or corporation, for the
deposit or use, in any manner, of the
public funds, and the General Assem
bly shall enforce this provision by suit
able penalties.
Par. 6. No person shall be eligible to
the office of Secretary of State, Comp
troller General, or Treasurer, unless he
CONTRACT RATESI0Fl*3»EftTl5lNG.
Ona square one month— t 4 OS
- * 8 01
IX 00
20 00
1ft 00
20 00
30 00
00 00
20 00
32 00
60 00
104 00
30 00
00 00
104 00
100 00
One iqnare three months
One aqoare eix month!
One square twelve months.
Ouo-fourth column ona month..........
One-fourth column three months.
Ono-fonrth column fix months
Ono-fourth column twelve monthf
One-half column one month..—......
One-half ooloma throe months
One-half oolnnra six months....... ......
One-half column twelve month!
One column one month.......
tee column thro* months...
One column six month*
One column twelve months.
- jet-The lbregoing rates are for either Weekly
or TrI-Wcakly. When published in both pepore,
60 per cent, additional npon table rate*.
shall have been a citizen of the United
States for ten years, and shall have re
sided in this State for six years next
preceding his election, and shall be
twenty-five years of age when elected.
All of said officers shall give bond and
security, nnder regulations to be pre
scribed by law, for the faithful dis
charge of their duties.
Par. 7. The Secretary of State, the
ComptroUer General, and the Treasurer
shall not be allowed any fee, perqisito
or compensation, other than their sala
ries as prescribed by law, except their
necessary expenses when absent from
the seat of Government on business for
the State.
Section III. Par. L The great seal
of the State shall he deposited in the
office of the Secretary of State, and shall
not be affixed to any instrument of
writing except by order of the Governor
or General Assembly, and that now in
use shall he the great seal of Hie State
until otherwise provided by law.
ARTICLE VI.—JUDICIARY.
Section I. Par. 1. The judicial pow
ers of this State shall be vested in a
Supreme Court, Superior Courts, Courts
of Ordinary, Justices of :the Peace,
commissioned Notaries Public, and
such other courts as have been or may
be established by law.’
Section II. Par. 1. The Supreme
Court shall consist of a Chief Justice
and two Associate Justices. A majori-
——* "R"11 rnmtitnte a aUO-_
Par. 2. When one or more of the
Judges are disqualified from deciding
any case, hy interest or otherwise, tho
Governor shall designate a Judge, or
Judges, of the Superior Court? to pre
side in said cose.
Par. 3. No Judge of any court shall
preside in any case where the validity
of any bond—Federal, State, corpora
tion or mnnicipal—is involved, who
holds in his own right, or os the repre
sentative of others, any material inter
ests in the class of bonds upon which
the question to be decided arises,
i Par. 4. The Chief Justice and Asso
ciate Justices shall hold their offices for
six years, and until their successors are
qualified. A successor to the incum
bent; whose term will soonest expire
shall be elected by the General Assem
bly in 1880; a successor to the incum
bent whose term of office is next in du
ration shall be elected by the General
Assembly in 1882; and a successor to
the third incumbent shall be elected
by the General Assembly in 1884; hut
appointments to fill vacancies shall
only he for the unexpired term, or un
til such vacancies are filled by elections,
agreeably to the mode- pointed out hy
this Constitution.
Par. 5. The Supreme Court shall have
no original jurisdiction, hut shall he a
court alone for the trial and correction
of errors from the Superior Courts, and
from the city courts of Atlanta and
Savannah, and such other like courts
as may he hereafter established in other
cities; and shall sit at the seat of gov
ernment, at such times, in each year,
as shall be prescribed by law, for the
trial and determination of writs of
error from said Superior and city courts.
Par. 6. The Supreme Court shall
dispose of every case at the first or sec
ond term after Buch writ of _ error is
brought; and in case the plaintiff in
error shall not he prepard at the first
term to prosecute the case—unless pre
vented by providential cause—it shall be
stricken from the docket, and the judg
ment below shall stand affirmed.
Par. 7. In any case the court may,
in its discretion, withhold its judgment
until the next term after the same is
argued. *
Section III. Par. L There shall be
a Judge of the Superior Courts for each
judicial circuit, whose term of office
shall be four years, and until his suc
cessor is qualified. He may act in
other circuits when authorized hy law.
Par. 2. The successors to the present
incumbents shall he elected oy the
General Assembly as follows: To the
half (as near as may be) whose commis
sions are the oldest shall be elected in
the year 1878, and to the others in the
year 1880. All subsequent elections
shall be at the session of the General
Assembly next preceding the expira
tion of the terms of incumbents, except
elections to fill vacancies. The day of
election may be fixed by the General
Assembly. , . _ ,
Par. 3. The terms of the Judges to
be elected under this Constitution (ex
cept to fill vacancies) shall begin on the
1st of January after their election, but
if the time of the meeting of the Gen
eral Assembly shall be changed, the
General Assembly may change the term
of the Judges selected thereafter.
ancrrow IV. Par 1. The Superior
Courts shall have exclusive ) urisdiction
in cases of divorce; in criminal cases
where the offender is subjected to loss
of life, or confinement in the peniten
tiary; in cases respecting titles to land;
and equity cases.
Par. 2. The General Assembly may
confer upon the courts of common law
all the powers heretofore exercised by
courts of equity in this State.
Par. 3. Said courts shall have juris
diction in all civil cases, except as here
inafter provided.
Par. 4. They shall have appellate
jurisdiction in all such case3 as may lie
provided by law.
Par. 5. They shall have power to cor
rect errors in inferior judicatories, by
writ of certiorari, which shall only is
sue on the sanction of the Judge; and
said courts, and the Judge thereof, shall
have power to issue writs of manda
mus, prohibition, scire facias, and all
other writs that may be necessary for
carrying their powers fully into effect,
and shall have such other powers as
are, or may be, conferred on them by
^Par. 6. The General Assembly may
provide for an appeal from one jury in
the Superior and city courts, to anoth
er, and the said courts may grant new
trials on legal grounds.
Par. 7. The court shall render judg
ment without the verdict of a jury in
all ciyil cases founded on uncondition
al contracts in writing, where an issu
able defense is not filed under oath or
affirmation. . ■ . „
Par. 8. The Superior courts shall sit
in eadh county not less than twice in
each year, at such times as have been,
or may be, appointed by law.
Par. 9. The General Assembly may
provide by law for the appointment of
Borne proper pereon to preside in cases
where the presiding Judge is, from any
cause, disqualified.
Section. V. Par. L In any county
within which there is, or hereafter may
(Concluded on sccond pdgt.)