The Rome weekly courier. (Rome, Ga.) 1860-1887, September 05, 1877, Image 1

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and ®0wmwiidL P^TED APRIL IQ, 1876. ~~~~"raTES OF SUBSCRIPTIONS. for tiie weekly. $2 00 nV — t-03 TEE TRI-WEEKLY. voe yo»r - " 00 Six nwol^* h - r '-T~oi itrictlr in advance, the price of r „‘x &£w Conn... will be $2 60 a year, and ‘ l 'f T “luba' S f' I fi« or more, one copy will be far- 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.)