About Columbus daily enquirer. (Columbus, Ga.) 1874-1877 | View Entire Issue (Aug. 26, 1877)
COLUMBUS SUNDAY ENQUIRER: SUNDAY MORNING, AUGUST 26, 1877, Jwitdatj %nqmvtt. COLI MB18, GEORGIA: SUNDAY AUGUST 26, 1877 SALISBURY & CO., - Proprietors. CONSTITUTION QF 1871 The Outcome of the Labors of the • Convention, The EullTextof the Instrument Carefully Compared With the Official Copy. liil of Right*. PREAMBLE. To perpetuate tbe principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity, the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution : ARTICLE i. Section I. Paragraph 1. All govern meut, of right, originates with the people, founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and the servants of the people, and, at all times, amenable to them. Par. 2. Protection to person and property is the piramcunt duty of gov ernment, and shall be impartial and com plete. Par. 3. No person shall be deprived of life, liberty, or property, except by due process of law. Par. 4. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State,in person, by attorney, or both. Par. 5. Every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel shall be furnished, on demand, with i copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have com pulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him and shall have a public ana speedy trial by an impartial jury. Par. 6. No person shall be compelled to give testimony tending in any manner to criminate himself. Par. 7. Neither banisment beyond the limits oi the State, nor whipping, as a punishment for crime, shall be al lowed. Par. 8, No person shall be put in jeop ardy ot liie, or liberty, more than once for the same offense, save on his, or her, own motion for a uew trial after convic tion, or in case of mistrial. Par. 9. Excessive bail shall not be re* quired, nor excessive lines imposed, nor cruel and unusual punishments 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 cost ^except after conviotion on on Anal trial. Par. 11. The writ of habeas corpus shall not be suspended. Par. 12. All men have the natural and inalienable right to worship God, each ac cording to the dictates of his own con science, and uo human authority should, in any case, control or interfere with such right of conseienc. Par. 13. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public of fice, or trust, on account of his religious opinions, but the right of liberty of con science shall net be so construed as to ex cuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. Par. 14. No money shall ever be taken from the public treasury, directly or in directly, in aid of any church, sect, or de nomination of religionists, or of any sec tarian institution. Par. 15. No law shall ever be passed to curtail, or restrain, the liberty of speech of the press; any person may speak, write, and publish his sentiments, on ail sub jects, being responsible for the abuse of that liberty. Par. 16. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except on probable cause, suported by oath, or affirmation, particularly describing the place or places to be searched, and the person and things to be seized. Par. 17. There shall be within the State of Georgia neither slavery nor involunta ry servitude, save as a punishment for crime after legal conviction thereof. Par. 18. The social status of the citi zen shall never be the subject of legisla tion. Tar. 19. The civil authority shall be miperior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. Par. 20. The power of the courts to punish lor contempt shall be limited by legislative acts. Par. 21. There shall be no imprision* meut for debt. Par. 22. The right of the people to keep and bear arms, shall not be infringed, bat the General Assembly shall have pow er to prescribe the manner in which arms shall be borne. Par. 23. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person dis charging the duties of one shall, at the same time, exercise the fnnetions of either of the others, except as herein pro vided. Par. 24. The people have the right to assemble peaceably for their common good, and to apply to ihose vested with the powers of government for redress of grievances by petition or remonstrance. Par. 25. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privi leges and immunities due to such citizen ship. _Section II. Par. I. In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and of the facts. The power of the judges to grant new trials in cases of con viction, is preserved. Par. 2. Treason against the State of Georgia, shall consist of levying war against her; adhering to her enemies; giving them aid end comfort. No per son shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Par. 3. No conviction shall work corruption of blood, or forfeiture of es tate. Par. 4. All lotteries, and the sale of lottery tickets are hereby prohibited; and this prohibition shall be enforced by penal laws. Par. 5. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penal ties. Par. C. The General Assembly shall have the power to provide for the punish ment of fraud; and shall provide, by law, for reaching the property of the debtor concealed from the creditor. Section III. Paragraph 1. In cases of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken or damaged, for public pur poses, without just and adequate compen sation being first paid. Par. 2. No bill of attainder, ex post facto law', retroactive law, or law impair ing the obligation of contracts,or making irrevocable grant of special privileges or immunities, shall be passed. Par. 3. No grant of special privileges or immunities shall be revoked, except in such manner as to work no injustice to the corporators or creditors of tbe incor poration. Section 4. Paragraph 1. Laws of general nature shall have uniform opera tion thoughout 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 varied in any par ticular case, by special legislation, except with tbe 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 judi ciary shall so declare them. Section 5. Par. 1. The people of this State have the inherent, sole and exclu sive right of regulating their internal gov ernment, and the police thereof, and of altering,and abolishing their Constitntion, whenever it may be necessary to their safety, and happiness. Par. 2. The enumeration of rights here in contained as a part of this Constitu tion, 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 Uni ted States (except as hereinafter provid ed), twenty-one years of age, who shall have resided in this State one year, next preceding the election, and shall have re sided six montns in the county in which he offers to vote, and shall have paid all taxes which may hereafter be required of him, and whichjhe may have had an op portunity of paying, agreeably to law, except for the year of tbe 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 rea son of being stationed on duty in this State; and no person shall vote who, if challenged, shall refuse to take the fol lowing oath, or affirmation: “I do swear (or affirm) that I am twenty-one years of age, has resided in this state one year, and iu 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 General Assembly may provide,from time to time for the registration of all electors, but the following classes of persons, shall not be permitted to register, vote or hold any office or appointment of honor or trust in this Slate, to wit: 1st. Those who shall have been convicted in any court of com petent jurisdiction, of treason against the State, or embezzlement of public funds, malfeasance iu office, bribery or larceny, or of any crime involving moral turpitude punishable by the laws of this State with imprisonment in the penitentiary, unless such person shall have been pardoned. 2d. Idiots and insane persons. Section III. Paragraph 1. Electors shall, in all cases, exoept for treason, felony, larceny, and breach of the peace, be priv ileged from arrest during their attendance on elections, and in going to and return ing 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 iu this State, until the same is ac counted for and paid into the Treasury. Par. 2. No person who, after the adop tion of this Constitution, being a resident of this State, shall have been convicted of fighting a duel in this State, or con victed of sending or accepting 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 byJsw. Section V. Paragraph 1. The General Assembly shall, by law, forbid the sale, distribution, or furnishing of intoxicating drinks within two miles of election pre cincts, on days of election—State, county or municipal—and prescribe punishment for any violation of the same. Section VI. Paragraph 1. Returns of election or all civil officers elected by the people, who are to be commissioned by the Governor, and, also for the members of the Genera! Assembly, shall be made to the Secretary of State, unless otherwise provided by law. Article III — Legislative Depart ment. Section I. Paragraph 1. The legisla tive power of the State shall be vested in a General Assembly which shall consist ol a senate and house of repsentatives. 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 tbe counties of Chatham, Bryan and Effingham. The second senatorial district shall be compesed of the counties of Liberty, Tatnall and McIntosh. The third senatorial district shall be composed of the counties of \Vayne, Pierce and Appling. The fourth senatorial district shall be composed of the counties of Glynn, Cam den and Charlton. The fifth senatorial district shall be composed of the counties of Coffee, Ware and Clinch. Tho 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- hourn and Baker. The tenth senatorial district shall be composed of the counties of Dougherty, Lee and Worth. The eleventh senatorial district shall be composed of the counties of Clay, Ran dolph and Terrell. The twelfth senatorial district shall be composed of the counties of Stewart, Webster and Quitman. The thirteenth senatorial district shall be composed of the counties of Sumter, Schley and Macon. Tho fourteenth senatorial district shall be composed of tbe counties of Dooly, Wiloox, Pulaski and Dodge. The fifteenth senatorial district snail be composed of the counties of Montgome ry, Telfair and Irwin. The sixteenth senatorial district shall be composed of the connties of Laurens, Emanuel and Johnson. Tbe seventeeth senatorial district shall be composed of the counties of Screven, Bulloch and Burke. The eighteenth senatorial district shall be composed of the connties of Rich mond, Glasscock and Jefferson. The nineteenth senatorial district shall be composed of the connties of Taliaferrro, Green and Warren. The twentieth senatorial district shall be composed of the counties of Baldwin, Hancock and Washington. The twenty -first senatorial district shall be composed of the connties of Twiggs, Wilkinson and Jones. The twenty-second senatorial district shall be composed of the connties of Bibb, Monroe and Pike. The twenty-third senatorial district shall be composed of the counties of Houston, Crawford and Taylor. The twenty-fourth senatorial district shall be composed of the connties of Mus cogee, Marion and Chattahoochee. The twentyififth senatorial district shall be composed of the counties of Harris, Upson and Talbot. The twenty-sixth senatorial district shall be composed of the connties of Spalding, Bntts and Fayette. The twenty-seventh senatorial district shall be composed of the counties of Newton, Walton, Clarke, Ooonee and Rockdale. The twenty-eighth senatorial diatrict shall be composed of the counties of Jas per, Pntnam and Morgan. The twenty-ninth senatorial district shall be composed of the counties of Wilkes, Columbia, Lincoln and McDuffie. The thirtieth senatorial district shall be composed of the connties of Oglethorpe, Madison and Elbert. The thirty-first senatorial district shall be composed of the connties of Hart, Habersham and Franklin. The thirty-second senatorial district shall be composed of the connties of White, Dawson and Lumpkin. The thirty-third senatorial district shall be composed of the connties of Hall, Banks and Jackson. The thirty-fonrth senatorial district shall be composed of the connties of Gwinnett, DeKalb and Henry. The thirty-fifth senatorial district shal 1 be composed of the counties Clayton, Cobb and Fulton. The thirty-sixth senatorial district shall be composed of the connties of Campbell, Coweta, Meriwether and Douglass. The thirty-seventh senatorial district shall be composed of the qounties of Car- roll, Heard and Troup. The thirty eigth senatorial district shall be composed of the connties of Harralson, Polk and Paulding. The thirty-ninth senatorial district shall be composed of the counties of Milton, Cherokee and Forsyth. Tbe fortieth senatorial district shall be composed of the connties of Union, Towns and Rabnn. The forty-first senatorial district shall be composed of the connties of Pickens, Fannin and Gilmer. The Forty second Senatorial District shall be composed of the connties of Bar tow, 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 oounties oj Wal ker, Dade aDd Catoosa. Far. 3. The General Assembly may change these districts-after each censns of the United States: Provided, That neither the number of districts nor the number of Senators from each district shall be increased. Section III. Paragraph I. The House of Representatives shall consist of one hun dred and seventy-five representatives, apportioned among the several counties, as follows, to-wil : To the six counties having the largest population, viz : Chat ham. Richmond, Burke, Houston, Bibb and Fulton; three representatives, each : to the twenty-six counties having the next largest population, viz : Bartow, Coweta, Decatur, Floyd, Greene, Gwinnett, Harris, Jefferson, Meriwether,Monroe, Mnscogee, Newton, Stewart, Sumter, Thomas,Troup, Washington, Hancock, Carroll, Cobb, Jackson, Dougherty, Oglethorpe, Macon, Talbot and Wilkes, two representatives, each; and the remaining 105 connties, one representative, each. Par. 2. The above apportionment shall be changed by tbe general assembly at its first session after each census taken by the United States government, so as to give the six connties having the largest popnlation three representatives, each; and the twenty-six connties 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 bo 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 to be held on the first Wednesday in October, 1880, and subse quent elections biennially, on that day, until the day of election is changed by law. Par, 3. The first meeting of the general assembly, after ratification of this consti tution, shall be on the first Wednesday in November, 187S, and biennially there after on the same day until the day shall be changed by law. But nothing herein contained shall be constrned to prevent the governor from calling an extra session of the general assembly before the first Wednesday in November, 1878, if, in his opion, the public good shall require it. Par. 4. A majority of each house shall constitute a quornm to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may pro vide. Par. 5. Each senator and representa tive, before taking his seat, shall take the following oath, or affirmation, to-wit: will support the constitntion of this state and of the United States, and that on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interest and prosperity of this State.” Par. 6. No session of the General As sembly shall continue -longer than forty days, nnless by a two-thirds vote of the the whole number of each house. Par. 7. No person holding a military commission or other appointment or of fice having any emolument or compensa tion annexed thereto under this State or United States, or either of them, except jnstices 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; nor shall nny Senator or Representative, after his qualification as such, be elected by the General Assembly or appointed by the Governor, either with or without the ad vice and consent of the Senate, to any office or appointment having any emolu ment annexed thereto dnring the time for which he shall have been elected. Par. 8. The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected. Section V. Paragraph 1. The Senators 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 be elected viva voce from tbe Senators. Par. 3. The Senate Bhall have the sole power to try impeachments. Par. 4. When sitting for that purpose, the members shall be on oath or affirma tion, and shall be presided over by the chief justice, or tbe presiding justice of the supreme court. Should the chief justice be disqualified, the senate shall 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 esses of impeach ment, Bhall not extend further than re moval from office, and disqualification to hold and enjoy any office of honor, trust or profit within this state; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law. Section VI. Paragraph 1. The repre sentatives shall be citizens of 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 connties from which elected. Par. 2. The presiding officer of the house of representatives shall be styled the Speaker of the House of Representa tives, and shall be elected 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. Section VII. Paragraph 1. Each house shall be tbe judge of the election, returns and qualifications of its members, and shall have power to punish them for dis. orderly behavior or misconduct, by cen sure, fine, imprisonment or expulsion ; bnt no member Rhall be expelled except by a vote of two-thirds of the house to which he belongs. Par. 2. Each honse may punish by im prisonment, not extending beyond the session, any"J>erson, not a member, who shall be guilty of contempt by any dis orderly behavior in its presence, or who shall rescue or attempt to rescue any per* son arrested by order of either honse. Par. 3. The members of both houses shall be free from arrest dnring their at tendance on the general assembly and in going thereto and returning therefrom, except for treason, felony, laroeny 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 honse shall keep a journal of its proceedings, and publish it imme diately 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 tbe members present, be entered on tbe journal. Par. 7. Every bill, before it shall pass, 6hall be read three times, aiid on three separate days, in each honse, nnless in cases ef actnal 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 tbe 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 honse of representatives, bnt the Senate may propose or concur in amendments, as in other bills. Par. 11. No money shall be drawa from the Treasury except by appropriation made by law, and a regular statement and account of the receipt and expenditure of all pnblic money shall be published every three months, and, also, with the laws passed by each session of the General As sembly. Par. 12. No bill or resolution appropria ting money shall become a law nnless, npon its passage, the yeas and nays, in each house, are recorded. Par. 13. All acts shall be signed by the President of the Senate and the Speaker of the Honse of Representatives, and no bill, ordinance or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed dnring the same session, under the same or any other title, without the consent of two-thirds of the honse by which tbe same was rejected. Par. 14. No bill shall become a law nn less it shall receive a msjority of the votes of all the members elected to each honse of the General Assembly, and it shall, in every instance, so appear on the journal. Par. 15.—All special or local bills shall originate in the house of representatives. The speaker of the honse of representa tives shall, within five days from the or ganization of the general assembly, ap point a committee, consisting of one from each congressional district, whoso duty shall be to consider and consolidate all special and local bills, on tbe same sub ject, and report the same to the house and no special or local bill shall be read or considered by the honse until the same has been reported by said committee, un less by a two-thirds vote. And no bill shall be considered or reported to the honse by said committee, unless the same shall have been laid before it within fif teen days after the organization of the general assembly; except by a two-thirds vote, also. Par. 16. No local or special bill shall be passed, nnless notice of the intention to apply therefor shall have been pub lished in the locality where the matter or thing to be affected may be situated which notice shall be given at least thirty days pryor to the introdnetion of snch bill into the general assembly, and in the manner to be prescribed by law. The evidence of such notice having been pub lished, shall be exhibited in tbe gen eral assembly before snch 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 number of the section of the code, but the amend ing, or repealing act, shall distinctly de scribe the law to be amended or replealed, as well as the alteration to be made. Par. 18. The general assembly shall have no power to grant corporate powers and privileges to private companies, ex cept banking, insurance, railroad, canal, navigation, express and telegraph com panics, nor to make or change election precincts; nor to establish bridges or ferries; nor to change names or legitim atize children; but it shali prescribe by law the manner in which snch powers shall be exercised by the courts. Par. 19. The general assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either befor or after judgment thereon, unless the principal shall in the recognizance have been apprehended and placed in the cus tody of the proper officer. Par. 20. The general assembly shall not authorize the constrnction of any street p-sseDger railway within the limits of any incorporate town or city, with out the consent of the corporate authori ties. Par. 21. Whenever the constitntion requires a vote of two-thirds of either or both houses for the passing of an act or resolution, the yeas and nays on the pas sage thereof shall be entered on the journal. Par. 22 The general assembly shall have power to make all laws and ordinances consistent with this constitntion, and not repugnant to the constitution of the United States, which they shall deem necesf&ry and proper for the welfare of the state. Par. 23. No provision in this constitu tion for a two-thirds vote of both hous^p of the general assembly shall be construed to waive the necessity for the signature of the governor, as in any other case, except in the case of the two-thirds vote required to override the vtto, and in case ot pro longation of a session of the general as sembly. 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 between the two houses, on a question of adjourn ment, the governor may adjourn either, or both of them. Section VIII.—Par. 1. The officers of the two houses, othar than the president and speaker, shall be a secretary of the senate and clerk of the honse of represen tatives, and snch assistants as they may appoint; bnt the clerical expenses of the senate shall not exceed sixty dollars per day, for each session, nor those of the house of representatives seventy dollars per day for each session. The secretary of the senate tfBd clerk of the honse of representatives shall be required to give bond and security for the faithful dis charge of their respective duties. Section IX.—Par. 1. The per diem of the members of the general assembly shall not exceed four dollars, and mileage shall not exceed ten cents per mile traveled by the nearest practicable route, in going to and returning from the capital; bnt the president of the senate and the speaker of the honse of representatives shall each receive not exceeding seven dollars per day. Section x—Paragraph 1. All elections by the general assembly shall be viva voce, and the vote shall shall appear on the journal of the honse of representatives. When the senate and honse of represen tatives unite for the purpose of elections, they shall meet in the representative hall, and the president of the senate shall, in such cases, preside and declare the re sult. Section XI. Paragraph 1. All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her sepa* rate property, and not be liable for the debts of her husband. Section XII. Paragraph 1. All life insurance companies now doing business in this state, or which may desire to es tablish agencies and do business in the state of Georgia, chartered by other states of the union, or foreign states, shall show that they have deposited with the comptroller general of the Btate in which they are chartered, or of this state, the insurance commissioner, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in snch securities as may be deemed by each officer equivalent. A. M. ALLEN, Pres’t. OSCAR S. JORDAN,Tres’r. ! y. PIONEEER BUILDINGS, FRONT STREET. OPPOSITE EAGLE A PHENIX MILLS, WHOLESALE AND RETAIL DEALERS. IN GENERAL MERCHANDISE Two New Stores, New Stools., New Principle. We work for the benefit of our friends. Our customers in purchasing e;et benefit of the low prices incident to an Entire New Stock bought for cash- every discount saved, no hoi si rent to pa i . Grocery Department Is complete in every particular. Ten Tierces MAGNOLIA HAMS, Three Car Loads of BULK MEATS; Twenty Casks BACON SIDE and SHOULDERS; LARD, MEAL, PEARL GRITS, BRAN and COFFEE. W© make a specialty of Fresh Roasted Coffee. Eight pounds of Beantifnl SUGAR for odo dollar. A splendid line of SHELF GOODS, COLGATE'S STERLING SOAP, TAYLOR S DETERSIVE SOAP; cheap Soap^in endless variety. Full supply of NEW MACKEREL. The finest brands of FAMILY FLOUR. The Celebrated Calhoun TOBACCO. The Glorious Wade Hampton CIGAR, and any thing else kept in a first-class Grocery Store. Boots and Shoes Were bought direct of the Manufacturers at the low down prices of tho times. TV** expect during the coming week fifty (50) eases of BOOTS and SHOES, comprising everything for Children, Misses, Women, Youths or Men. Crockery. We have in this Department everything in CROCKERY or GLASS W ARE needed in a family, and at prices entirely satisfactory to purchasers. Dry Goods Department, UNDER THE IMMEDIATE CHARGE OF THOMAS CHAPMAN, So long and favorably known to the Dry Goods trade of this city, is full of New Goods. Ten cases new styles FALL PRINTS. Ths cheapest lot of HOSIERY ever offered. TABLE LINEN, DOILIES and NAPKINS at your own price. A Tip-Top WOOLEN JEANS at 15 cents a yard. Everything made by Eagle & Phenix Mills— Sheeting, Shirting, Ticking, Blankets, Checks, Plaids, Dress Goods and Woolens. Having made up our minds to make no prefit on Domestics, it will be an easy matter to please customers. In TRIMMINGS, RIBBONS, PINS, NEEDLES and NOTIONS we have everything you oonld desire. Every Style of Fashionable Hat From the Serviceable WOOL HAT up to the Finest SOFT HAT known to the trade Our Clothing Department cents; Cassimere Pants Is its own advertisement. Think of Woolen Pants at $3.50; Whole Snits for $4.50. These Goods were bought at bankrupt sale for cash, and our customers shall have all the margins. Every article bought of onr Retail Department delivered free in the city, Browne- ville, Rose Hill, Wynnton, Linwood or Girard. Shopping made easy To snch of our customers as desire it onr delivery wagon wili call each morning to receive their orders. POLITE ATTENTION, COMPETENT CLERKS, LOW PRICES, FRESH GOODS, A. M. ALLEN, late of Allen, Freer & Illges, OSCAR S. JORDAN, late Chief Salesman Eagle & Phenix Co., THOS. CHAPMAN, late of Chapman it Verstille, WM. COOPER, late Grocer, Will be happy to see all their old, and a great many now friends. to cash, subject to his order, as a guar antee fund for the security of policy holders. Par. 2. When such showing is made to the comptroller general of tbe state of Georgia by a proper certificate from the state official having charge of the fnnd so deposited, the comptroller general of the state of Georgia is anthorized to issue to the company making snch showing, a license to do business in the state npon paying the fees required by law. Par. 3. All insurance companies char tered by the state of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the comptroller goneral of tbe State of Georgia, or with some strong corporation which may be approved by said comp troller general, one hundred thousand dol lars, in snch securities as may be deemed by him equivalent to cash, to be Bnbject to his order, as a guarantee fnnd for the security of the policy-holders of the company making such deposit, all inter est and dividends arising from snch secu rities to be paid, when dne, to the com pany so depositing. Any snch securities as may be needed or desired by the com pany may be taken from said department at any time, by replacing them with other securities equally acceptable to the comp troller general, whose certificate for the same shall be furnished to the company. Par. 4. The general assembly shall, from time to time, enact laws to compel all fire insurance companies, doing busi ness in this state, whether chartered by this State or otherwise, to deposit reason able securities with the treasurer of this State, to secure the people against loss by tbe operations of said companies. Par. 5. The general assemble shall com* pel 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 information and protection of the people. Article IV—Power of the General Assembly over Taxation! Section I. Par. 1. The right of taxation is a sovereign right—inalienable, inde- structible—is the life of the State, and rightfully belongs to the people in all re* publican governments, and neither the general assembly, nor any, nor all other departments of the government establish ed by this constitntion, shall ever have the authority to irrevocably give, grant or limit, or restrain this right; and all laws, grants, contracts, and and all other acts, whatsoever, by said government, or any department thereof, to effect any of these purposes, shall be, and are hereby, declared to bo null and void, for every pur pose whatsoever; and said right of taxation shall always be nnder the con^lete con trol of, and revocable by, the State, not withstanding any gift, grant, or contract, whatsoever, by the generalassembly. Section II. Far. 1. The power and au thority of regulating railroad freight and passenger tariffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred npon the general assembly, whose duty it shall be to pass laws, from time to time, to regulate freight and passenger tariffs, to prohibit unjust discriminations on the various rail roads of this State, and to prohibit said roads from charging other than jnst and reasonable rates, and enforoe the same by adequate penalties. Par. 2. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the general assembly from taking the property and franchises of incorporated companies,and subjecting them to pnblie use, the same as the property of individuals ; and the exercise of the police power of the state shall never be abridged, nor so constrned as to permit corporations to conduct their business in snch manner as to infringe the equal rights of idividnals, or the gen eral well being of the state. Par. 3. The general assembly shall not remit the forfeiture of the charter of any corporation, now existing, nor alter or amend the same, nor pass any other gen eral or special law, for the benefit of said corporation, except npon the condition that snch corporation shall thereafter hold its charter subject to the provisions of this constitution; and every amendment of any charter of any corporation in this state, or any special law for its bene fit, accepted thereby, shall operate as a novation of said charter and shall bring the same nnder the provisions of this constitution ; 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 anthorize any corporation to buy shares or stock, in any other corporation in this state, or else where, or to make any contract, or agree ment whatever, with any such corpora tion, which may have the effect, or be in tended to have the effect, to defeat or lessen competition, or to encourage mo nopoly: and all such contracts and agree ments shall be illegal and void. Par. 5. No railroad company shall give, or pay, any rebate,*or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the pnblic as to the real rates charged or received for freights or passage, and any snch pay ments shall be iilegal and void, and these prohibitions shall be enforced by suitable penalties. Par. 6. No provision of this article shall be deemed, held or taken to im pair the obligation of any contract here tofore made by the state of Georgia. Par. 7. The general assembly shall en« force the provisions of this article by ap propriate legislation. Article V — Executive Department! Section I Paragraph I. The officers of the executive department shall consist of a governor, secretary of state, comptroller general and treasurer. Par. 2. The executive power shall be vested in a governor, who shall hold his office dnring the term of two years, and nntil his successor shall be obosen and qualified. He shall not be eligible to re- election, after the expiration of a second term, for the period of four years. He shall have a salary of three thousand dol lars 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 be receive within that time, any other emolument from the United States, or either of them, or from any foreign power. But this reduction of salary shall not apply to the present term of the present governor. Par. 3. The first election for governor, nnder this constitution, shall be held on the first Wednesday in October, 1880, and the governor-elect shall be installed in office at the next session of tbe gen eral assembly. An election shall take place biennially thereafter, on said days, nntil another date be fixed by the geneial assembly. Said election shall be held at the places of bolding general elections in the several counties of this state, in the manner prescribed for the election of members of the general assembly, and tbe electors shall be the same. Par. 4. The returns for every election of governor shall be sealed up by the managers, separately from other returns, and directed to the president of the sen ate and speaker of the honse of repre sentatives, and transmitted to the secre tary of state, who shall, without opening said returhs, cause the satne to be laid before the senate on the day after the two houses shali have been organized, and they shali be transmitted by the sen ate to the house of representatives. Par. 5. The members of each branch of the general assembly shall convene in tbe representative hall, and the president of the senate and the speaker of the assembly, before the same shall become laws, but two-thirds of each house may pass a law, notwithstanding his dissent, and if any bill should not be returned by tbe governor within five days (Sunday excepted) after it has been presented to him, the same shall be a law ; unless the general assembly, by their adjournment, shall prevent its return. He may ap prove any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual, nn less passed by two-thirds of each house. Par. 17. Every vote, resolution, or order, 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 effect be approved, byjhim, or, being disapproved, shall be repassed by two-thirds of each house. Par. 18. He may require information, in writing from the officers of the execu tive 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 expe dient,.^ examine, under oath, the treas urer and comptroller general of the State on all matters pertaining to their respec tive offices, and to inspect and re view their book3 and accounts. The gen eral assembly shall have authority to pro vide by law for the suspension of either of said officers from the dis charge of the duties of his office, and, also, for the appointment of a suitable person to discharge the dnties of the same. Par. 19. The governor shall have power to appoint his own secretaries, not exceed ing two in number, and to provide snch otner clerical force as may be required in honse of representatives, shall open and his office, bnt tbe total cost for secreta- pnblish the returns in tbe presence and under the direction of the general assem bly; and tbe person having the majority of the whole number of votes sball be de clared duly elected governor of this Btate; but, if no person shall have such majori ty, then from the two personshaving the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the general assem bly to elect, the general assembly shall, immediately, elect a governor viva voce ; and in all cases of election of a governor by the general assembly a majority of the members present shall be necessary to a choice. Par. 6. Contested elections shall be de termined by both houses of the general assembly in snch manner as shall be pre scribed 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 the State six years, and who shall not have attained tbe age of thirty years. Par. 8. In case of the death, resigna tion or disability of tbe Governor, the President of the Senate shall exercise the executive powers of the Government un til snch disability be removed, or a suc cessor is elected and qualified. And in case of the death, resignation or disabili ty of the President of the Senate, the Speaker of the House of Representatives shall exercise the executive powers of the Government,until the removal of the disa bility, or the election and qualification of a governor. Par. 9. The General Assembly shall have power to provide by law, for filling nnexpired terms by special elections. Par. 10. The Governor shall, before he enters on the duties of his office, take the following oath or affimation : “I do solemnly swear (or affirm as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect and defend the Constitntion there of, and the Constitution of the United States of America.” Par. 11. The*Governor shall be com mander in-ebief of the army and navy of this State, and of tbe militia thereof. Par. 12. 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 conviot ion, except in cases of treason and im peachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence and report tbe case to the general assembly at the next meeting thereof, when the general assembly sbail either pardon, commute the sentence, direct its execution, or grant a further reprieve. Ho shall, at each ses sion of the general assembly, communi cate to that body each case of reprieve, pardon or commutation granted, stating the name of 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 conservator of the peace throughout the state. Par. 13. He shall issue writs of elec tion to fill all vacancies that may happen in the senate or honse of representatives, and shall give the general assembly, from time to time, information of the state of the commonwealth, and recommend to their consideration snch measures as he may deem necessary or expedient. He shall have power to convoke the general assembly on extraordinary occasions, bnt no law shall be enacted at called sessions of the general assembly except suoh as shall relate to the object stated in his proclamation convening them. Par. 14. When any office shall become vacant, by death, resignation, or other wise, the governor shall have power to fill snch vacancy; nnless otherwise provided by law ; and persons so appointed shall continue in office until a succsseor is com missioned, agreebly to the mode pcinted out by this constitution, or by law in pursuance thereof. Par. 15. A person once rejected by the senate shall not be re-appointed by the governor to the same office dnring the same session, or the recess thereafter. Par. 16. The governor shall have the revision of all bills passed by the general ries and clerical force in his office shall not exceed six thousand dollars per an num. Section II. Paragraph 1. The secretary of state, comptroller general and troasu- nrer shall be elected by the persons qual ified to vote for members of the general assembly, at the satas time and in the same manner as the governor. The pro* visions of the constitution as to the trans mission of the returns of elections, count ing the votes, declaring the result, decid ing when there is no election and when there is a contested election, applicable to the election of governor, shall apply to the secretary of state, comptroller general and treasurer; they shall be commissioned by 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 an- : num. The clerical expenses of his de partment shall not exceed sixteen hundred dollars per annmn. Par. 3. The salary of the secretary of state shall Dot exceed two thousaud dol lars per annum, and the clerical expenses of his department shall not exceed one thonsand dollars per annnm. Par. 4. The salary of the comptroller general shali not exceed two thousand dollars per annum. The clerical expenses of his department, including the insu rance department and wild land clerk, shall not exceed four thousand dollars per annnm—aud without said clerk it shall not exceed three thousand dollars per an num. Par. 5. The treasurer shall not be al - lowed, directly or indirectly, to receive any fee, interest or reward from any per son, bank or corporation, for the deposit or use, in any manner, of the public fnnds, and the general assembly shall en force this provision by suitable penalties. Par. 6. No person shall be eligible to the office of secretary of state, comptrol ler general or treasurer, unless he shall have been a citizen of the United States for ten years, and shall have resided in this state for six years next preceding his eleotion, and shall be twenty-five years of age when elected. All of said officers sball give bond and security, under regu lations to be prescribed by law, for the faithful discharge of their duties. Par. 7. The secretary of state, the comptoller general aDd the treasurer,shall not be allowed any fee, perquisite or compensation, other than their salaries, as prescribed by law, except their neces sary expenses when absent from the seat of government on business for the state. Section III. Paragraph 1. The great seal of the state shall be deposited in the office of the secretary of state, and shall not be affixed to any instrument of writ ing except by order of the governor, or general assembly, and that now in use shall be tbe great seal of the state nntil otherwise provided by law. Article VI.—Judiciary. Section I. Paragraph 1. The judicial powers of this state shall be vested in a supreme court, superior courts, courts of ordinary, justices of the peace, commis sioned notaries public, and such other courts as have been, or may be, estab lished by law. Section II. Paragraph 1 The supreme court shall consist of a chief justice and two associate justices. A majority of the court shall constitute a quorum. Par. 2. When one or more of the judges j are disqualified from deciding any case, by interest or otherwise, the governor shall designate a judge, or judges, of the j superior courts to preside in said case. j Par. 3. No judge of any court shall pre side in any case where the validity of any bond—federal, state, corporation or mu nicipal—is involved, who holds in his own right, or as the representative of others, any material interest in the class of bonds upon which the question to be decided arises. Par. 4. The chief justice and associate jnstices shall hold their offices for six years, and until their successors are qual ified. A successor to the incumbent whose term will soonest expire shall be elected by the general assembly in 18S0; I a successor to the incumbent whose term of office is next in duration shall be elec* ted by the general assembly in 1882; and | a successor to the third incumbent shall be elected by the general assembly in 1884; but appointments to fill vacancies shall only be for the unexpired term, or until such vacancies are filled by elections agreeably to the mode pointed out by this constitution. Par. 5. The supreme court shall have no original jurisdiction, but 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 be hereafter established in other cities; and shall sit at tbe seat of government, at such times, in each year, as shall be pre scribed by law, for the trial and determ ination of writs of error from said super ior and city courts. Par. 6.—The supreme court shall dis pose of every case at the first or second term after such writ of error is brought; and in ease the plaintiff in error shall not be prepared at tne first term to prosecute the case—unless prevented by provident ial cause—it shall be stricken from the docket, and the judgment below shall stand affirmed. Par. 7. In any case the court may, in its discretion, withhold its judgment un til the next term after the same is ar gued. Section III. Par. 1. There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be four years, and untii his successor is qualified. He may act in other circuits when authorized by law. Par. 2. The successors to the present incumbents shall be elected by the general assembly as follows : To the half (as near as may be) whose commissions are the eldest shall be elected in the year 1S78 T and to the others in the year 1880. All subsequent elections shrll be at the ses sion oi the general assembly next preced ing the expiration of the terms of incum bents, 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 (except to fill vacancies) shall begin on the 1st of January after their election, but if the time of the meeting of the general as sembly shali be changed, tho general as sembly may change the term of the judges selected thereafter. Section IV. Par. 1. The superior courts shall have exclusive jurisdiction in cases of divorce; in criminul cases where the offender is subjected to loss of life, or confinement in the penitentiary; in cases respecting titles to land, and equity cuses. Par. 2. The general assembly may con fer npon the courts of common law, all the powers heretofore exercised by conrta of equity in this state. Par. 3. Said courts shall have j urisdic- tion in all civil cases, except as hereinaf ter provided. Par. 4. They shall have appellate juris diction in all snch cases as may be pro vided by law. Par. 5. They sball have power to cor rect errors in inferior judicatories, by writ of certiorari, which shall only issue on the sanction of the judge : and said courts, and the judge thereof, shall have power to issue writs of mandamus, prohi bition, 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 con ferred on them by law. Par. 6. The general assembly may pro vide for an appeal from one jury, in the superior and city courts, to another, and the said courts may grant new trials on legal grounds. Par. 7. The court shall render judgment ( without the verdict of a jury, iu ail civil cases founded on unconditional contracts in writing, where an issuable defense is not tiled under oath or affirmation. Par. 8. The superior courts shall sit in each county not less than twice iu year, at such times as have been, or be, appointed by law. Par. 9. The general assembly may vide by law for the appointment of proper person to preside in cases wbei presiding judge is, from any cause, dis qualified. Section V. Par. 1. In any county within which there is, or hereafter may be, a city court, the judge of said court, and of the j superior court, may preside in the conrta j of each other in cases where tbe jndg<? 01 | either oourt is disqualified to preside. Section VI. Par. 1. Tho powers of a court of ordinary, and of probate, shall be | vested in an ordinary for each county. | from whose decision there may be an 8 P] peal (or, by consent of parties, without a decision) to the superior court, under regulations prescribed by law. Par. 2. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, p 3U ‘ pers, county officers, county funds, count, taxes, and other county matters, as w*. be conferred on them by law. Par. 4. The ordinary shall hold his o fice for the term of four years, and nntt his successor is elected aDd qualified. Section VII. Par. 1. There shall be ■ each militia district one justice of peace, whose official term, except wln- elected to till an uuexpirsd term, shall a four years. Par. 2. Justices of the peace shall ba T - jurisdiction in ail civil cases arising contractu, and in cases of injuries or dam. ages to personal property when the p* in \ cipal sum does not exceed one hand! dollars, and shall sit monthly, at times and places; bnt in all cases tb may be an appeal to a jury in said con • or an appeal to the superior court un</ such regulations as may be prescribed . law. , t , ? Par. 3. Justices of the peace Bha>l elected by the legal voters in their roT'V, ive districts, and shall be coiumissiob e by tue governor. They shall be rent ble on conviction for malpractice in oi Section VIII.—Paragraph 1. 1 sioned notafies public, not t< each may pre sume -e tbe ova- ettiee. ointnh-' exceed one for each militia district, may be a^ pointed by the judges of tbe suparw^ courts in their respective circuts, 'T - recommendation of the grand j nr1 ^ the several counties. They shall be e missioned by the governor for the tern* four years, and shall be ex offlcio j>J 3 11 of the peace, and shall be reniova > t conviction for malpractice iu office by be
