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THE ATHENS GEORGIAN: SEPTEMBER 4, 1877. wtemum yens and nays in each House are recorded. Par. 13. All acts shall he signed by the President of the Senate, and the Speaker of the House of Repre sentatives, and no bill, ordinance or resolution intended to have the effect of a law, which shall have been re jected 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 House by which the same .v:w rejected. Par. 14. No bill shad become a law unless it shall receive a majority of the votes of all 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 House of Repre sentatives. The Speaker of the House of Representatives shall, with in tire days from the organization of the General Assembly, appoint a Committee consisting of one from each Congressional District, whose duty it shall be to consider and consolidate all special and local bills, on the same subject, and report the same to the House; and no special or local bill shall tie read or considered by the House until the same has been repor ted by said committee, unless by a two-thirds vote. And no bill shall be considered or reported 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 t wo-thirds vote. Par. 16. No local or special bill shall be ]>as.sud mil. ss notice of the intention to apply therefor shall have lieon published in the locality where the matter or thing to be effected tnnv be situated, which notice shall Section IX. Paragraph 1. The per diem of the members of the General Assembly shall not exceed four dol lars, and mileage shall not exceed ten cents on each mile traveled by the nearest practicable route, in going to olid returning from the Capitrl; but the President of the Senate and the Speaker of the House of Representa tives shall each receive not exceeding seven dollars per day. Section X. Paragraph 1. All elec tions by the General Assembly shall be viva voce, and the vote shall ap pear on the journal of the House of Representatives When the Senate and House of Representatives unite lor the purpose of elections, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and de clare the result. Section XI. Paragraph 1. All property of the wife at the time ot her marriage, and all property given to, inherited or acquired by her, shall re main her separate property, and not be liable for the debts of her hus band. Section XII. Paragraph 1. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State ot Georgia, chartered by oilier States of the Union, or foreign Slates, shall show that they have deposited with the Comptroller-General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be an thorized to receive it, not less than <>ue hundred thousand-dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security cf policy holders. Par. 2. When such showing is regulate freight and passenger tariffs, to prohibit unjust discriminations on the various railroads'of this State, and to prohibit said roads from charging other than just and reasona ble rates, aud enforce the eattic by adequate penalties. Prr. 2. The exercise of the right of eminent domain shall never be abridged, nor so construed as to pre- jorityofthe whole number of votes shall* be declared duly elected Gov ernor of this State; but if no person shall have such majority then from the two persons having the highest number of votes, who snail be in life, aud shall not decline an-election at the time appointed for the General Assembly to elect, the General As sembly shall immediately elect a Gov- vent the General Assembly from tak-j ernor rir« t : oc« ; and in all cases of ing the property and franchises of in- j election of a Governor by tlie General corporated companies, and subjecting j Assembly a majority of the members them to pnblic use, the same as the j present- shall be necessary to a property of individuals; and the ex- choice be given at least thirty days prior to . made to the Comptroll. r-Gencral of the introdneton of such bill into the ! the State of Georgia bv a proper General Assembly, and i i the manner ! certificate from the State official to be prescribed by law. The evi dence of such notice having been published shall he exhibited in the General Assembly before 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 number of the section of the Code, but the amending or repealing net shall destiuctiy describe the law to be amended or repealed, as well as the alteration to be made. Par. 18. The General Assembly shall have no |>6wcr to grant corpo rate powers and privileges to private companies except banking, insurance, railroad, canal, navigation, express and telegraph companies; nor to I make or' change election precincts; nor to establish bridges or ferries; nor to change names or legitimatize children; but it shall prescribe by law the manner in which such powers shall be exercised by the Courts. Pur. 19. The General Assembly shall have no power to relieve prin cipals or securities upon forfeited rec ognizances, from the payment there of, either before or after judgment thereon, unless the principal in the recognizance shall have been appre hended and placed in the custody of the proper officer. Par. 20. The General Assembly shall not authorize the construction of any street passenger railway within the limits of any incorporated town or city, without the conscut of the corporate authorities. Par. 21. Whenever . the Constitu tion requires a vote of-two-thirds of cither or both Houses for the passing of an act or resolution, the yeas and nays on the passage thereof, shall be entered on the journal. Par. 22. The General Assembly shall have power to make all laws and ordinances consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. Par. 23. No provision in this Con stitution for a two-thirds vote of both Houses 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 veto, and in case of pro longation of a session of the General Assembly. Par. 24. Neither House shall ad journ for more than three days, or to any other place, without the consent of the other, and in case of disagree ment between the two Houses, on a question of adjournment, the Gov ernor may adjourn either, or both of them. Section VIII. Paragraph 1. The officers of the two Houses, other than tie President and Speaker, shall be a •Secretary of the Senate and Clerk of Uk House of Representatives, and each assistants as they may appoint; 4>*t the clerical expenses of the Sen ate shall not exceed sixty dollars per day. for each session, nor. those of tbc House of Representatives seventy dollars per day for'each session. The Secretary of tlie Senate and Clerkjof the House of RepresQiitaU*«_8ball be required - to give bond and ^security for tho faithful discharge of their re spective duties ercise of the pallet- 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 tlie equal rights - of individuals, or the general well j being of the State. Par. 3. The General Assembly shall not remit the forfeiture of the charter of any corporation, now ex isting, nor alter or amend the same, nor pass any other general or special law, for the benefit ot said corporation, except upon the c ndilton that such corporation shall thereafter hold its charter subject to the provisions of this Constitution ; and every amends meat of any charter of any corpora tion in this* State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter aud shall bring the same under the provisions of this Constitution ; Pro vided, That this section shall not ex tend to any amendment for the pur pose of allowing any existing road to take stock in or aid in tbc building of any branch road. Par. 4. The General Assembly of this State shall have no power to au thorize any corporation to buy shares, oi stock, in any other cor|)oratioii, in ibis State, or elsewhere, or to make Any contract, or agreement Par. 6 Contested elections shall be determined by both Houses of the General Assembly in such manner as shall be prescribed 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 Statu six years, and who shall not have attained the age of thirty years. Par. 8. in case of the death, resig nation or disability of the G »vernor, the President of the Senate shall exercise the Executive powers of the government until such disability be removed, or a successor is elected and qualified. And in case of the death, resignation or disability 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 disability, or the election and qualification of a Governor. Par. 9. The General Assembly shall have power to provide by Jaw for filling unexpired terms by special elec tions. Par. 10. The Governor shall, be fore he enters on the duties of his office, take the following oath or affir mation : “I do solemnly swear (or affirm as the case may be) that I will faithfully execute the office of Gov having charge of the fund so deposi ted, the Comptroller-General of the State of Georgia by a proper certifi cate from the State official having charge of the fund so deposited, the Comptroller-General of the State of Georgia is authorized to issue to the company making such showing a license to do business in the State, upon paying the fees required by law. Par. 3. All insurance companies chartered l»y the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptrol ler-Genera! of the State of Georgia, or with some strong corporation, which may lie approved by said Comptroller-General, one hundred thousand dollars, in such securities as may be deemed by him to be eqniva lent to cash, to be subject to his order, as a guarantee fund for tlie security of tbc policy holders of the company making such deposit, all interest and dividends arising from such securities to be paid, when due to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securi'ics equally' acceptable to the Comptroller- General, whose certificate for the same shall be furnished to the compa ny. Par. 4. The General Assembly shall, from time to time, enact laws to compel all fire insurance companies doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Treasurer of this State, to secure the people against ioss by the opera tions of said companies. Par. 5. The General Assembly’ shall compel all insurance companies in this State, or doing business there- in, under proper penalties, to make semi-annnal reports to the Governor^ and print the same at their own ex pense, for the information and pro tection of the people. Article- IV—Ponrrof thtGrnrral AsM-mlily Orrr Taxation. Section I. Paragraph 1. Thu right of taxation is a sovereign right—in alienable, indestructible—is the life of the Statu, and rightfully belongs to the people in all republican govern ments, and neither the General As sembly, nor any nor all other depart ments of the government established by this Constitution shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts whatsoever, by said gov-* eminent, or any department thereof! to effect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever, aud said right of taxation shall always be under the complete control of; and revocable by, the State, notwithstanding any gift, grant or contract '.whatsoever by the Gen eral Assembly. Section II. Paragraph 1. The power and authority of regulating railroad, freight and passenger tar iffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are-hereby conferredVupfa^Mjfe eral Assembly, whose duty it shall bo -to pass laws, from time -• ■*-- .. A' •«<*£*' whatever, with any such corporation,; ernor of the State ot Georgia, and will, which may have the effect, or be in- ! to the best ot my ability, preserve, tended to the effect, to defeat or les- protect and defend the Constitution sen competition, or to encourage monopoly; and all such contracts and agreements shall be illegal and void. Par. f>. No railroad company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indi rectly, or do any act to mislead or deceive the public as to the real rates charged or received lor freights or passage, and any such payment shall be illegal and void, and these prohi bitions shall be enforced by suitable penalties. \ Par. 6. X o provi*fc>fc oftthis article shall be deemed, hell or- t ikon to impair the obligation of any contract heretofore made bv the State of Geor gia. Par. 7. The General Assembly shall enforce the provisions of this article by appropriate legislation. Article Y—Kxceatlre Department. Section I. Paragraph 1. The offi cers of the Executive Department shall consist of a Governor, Secretary of State, Comptroller-General and Treasurer. Par. 2. The Executive power shall be invested in a Governor, who shall hold his office during the term of two years, and until his successor shall he chosen and qualified. He shall not be eligible to re-election, after the expiration of a second term, for the period of four yerrs. He shall have a salary of three thousand dollars /tor annum (until otherwise provided by a law passed by a two-thirds vote, of both branches of the General As sembly,) 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 reduction of salary shall not apply to the present term of the present Governor. Par. 3 The first election for Gov ernor, under this Constitution, shall he held on the first Wednesday in October, 18x0, and the Governor elect shall be installed in office at the next session ot the General Assembly. Au election shall take place biennial ly thereafter, on said day, until an other date bo fixed by the "General Assembly, Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election ot members of the General Assembly, and the electors shall be the same. Par.4. The returns for every elec tion of Governor shall be sealed up by the managers, separately from other returns, and directed to the President of the Senate anil Speaker of the House of Representative, and transmitted to the Secretary of the State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two Houses ‘shall have been oignnized, and they shall be trans mitted by the Senate to the House of Representatives. Par. 5. The members of each branch of the General Assembly shall convene in the Representative Hall,- aud the President of,the Senatq.nnd _ the^Speakor of the Hou§e,of ..Repre.r CffteW? sontatives shall open and publish'the j P*» 17. Ever returns iu the presence arid flndfer the direction qf the General Assem- thereof, and the Constitution of the United States of America.” Par. 11. The Governor shall M Commander-in-Chief of the army and navy of this State and of the militia thereof. Par. 12. He shall have the power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of apply ing (or pardons. Upon conviction for treason, he may suspend the execution of the sentence and report the Case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, com mute the sentence, direct its execution or grant a further reprieve. He shall, at each session of the General Assem- bly, communicate to that body each case of reprieve, pardon or communi cation granted, stating the name of the convict, the offense of which he wa9 convicted, the sentence and its date, the date of the reprieve, pardon or commutation, and tho 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 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, aud recommend to their consideration such measures as he may deem necessary or expedient. lie shall have power to convoke the Gen eral Assembly on extraordinary occa sions, but no law shall be enacted at called sessions ot the General Assem bly except such as shall relate to the obji ct stated in his proclamation con vening them. Par. 14. When any office shall be come vacant by death, resignation, or otherwise, the Governor shall have power to till such vacancy, unless oth erwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursu ance thereof. Par. 15. Any person once rejected by the Seuate shall not be re appointed by the Governor to tho same office during the same session, or the recess thereafter. Par. 16. The Governor shall havo the revision of all bills passed bv the General Assembly before the same shall have become*laws, but two-thirds of each House may pass-a law, not withstanding his dissent, and if any bill should-not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law,* unites the General Assembly, by their ad journment, shall prevent its return ment, shall bo presented to the Gov ernor, and before it shall take effect be approved by him, or, being disap proved, shall be repassed by two thirds of each House. Par. 18. He may require informa tion, 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 Comp troller-General of the State on all matters pertaining to their respective offices, aud to inspect and review tlieir hooks and accounts. The General Assembly shall have authority to pro vide by law for the suspension of either of said officers from the discharge of the duties of his office, and also for the appointment 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 provide such other clerical force as may be required in his office, but the totaj cost for secretaries and clerical force in h’s office shall not exceed six thousand dollars per annum. Section II. Paragraph 1. The Secretary of State, Comptroller-Gen eral and Treasurer shall be elected by the persons qualified to vote for mem bers of the General Assembly, at the same time and in the same manner as the Governor. The provisions of the Constitution as to the transmission of the leturns 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 ap ply to the election of-.Secretary of State, Comptroller-General and Treas urer. They shall be commissioned bv 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 tiro thousand dollars per annum, and the clerical expenses of his department shall not exceed one thousand dollars per an num. Par. 4. The salary of the Comp troller-General shall not exceed two thousand dollars per annum. The clerical expenses of his department, including the insurance department and wild land clerk, shall not exceed four thousand dollars per annum—and without said clerk, it shall not exceed three thousand dollars per annum. Par. 5. The Treasurer shall not be allowed, directly or indirectly, to re ceive any fee, interest or reward from any person, bank or corporation, for the deposit or use, in auy manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties Par. 6. No person shall be eligible to the office of Secretary of State, Comptroller General or Treasurer, un less 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 election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faith ful discharge of their duties. Par. 7. Tho Secretary of State, the Comptroller-General and the Treasurer shall hot be allowed any fee, perquisite oi* compensation, other than their sal aries as prescribed by law, except their necessary 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 depos ited 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 the Slate until otherwise pro vided by law. Artloli- VI.— -Jiiiliciitry. Section I. Paragraph 1. The ju to time, to I bly; and the person having tho ma- ...... •*- in the same bill, and the letter shall not i>e effectual, unless passed by two- cry vote, resolution or order, to* which the concurrence of both Houses may be necessary, except ait V questioir of ^election ,-or ’adjourn vested in a Supreme Court, Superior Courts, Courts of Ordinary, Justices ot the Peace, Commissioned Notaries Public, aud such other courts as have been or may be established 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 are disqualified from deciding any case, by interest or otherwise, the Governor shall designate a Judge, or Judges, of the Superior Courts to prteide in said case. Par. 3. No Judge of any Court shall preside in any case where the validity' of any bond—federal, State, corporation or municipal—is involved’ who holds in his own right, or as the He may appreJjQfijr. appropriation, Wpresentalive of others, any material and disapprove tfhy other appropriation interest, ip. the. cjs^ of bonds boon In tho onmn hill, and - the letter shall which thn minatinn in Iu _ • Sppi^Justices shall hold theiri offices ara qaWiffch;; A. successor to thoin cumbeot whose t«o. jrijl soonest ex! pire shall be * elected m 1880; a suc cessor to the incumbent whose term <>f office is next in duration shall he elected by the General Assembly in 1882, and a successor to the third in cumbent shall be elected by the Gen eral Assembly in 1884; hut appoint ments to fill vacancies shall only be for the unexpired term, or until such vacancies are filled by elections, agree ably to the mode poiuted out by this Constitution. k Par. 5. The Supreme Court shall have no original jurisdiction, but sha 1 he a court alone for the trial and cor rection of errors from the Superior Courts, and from the city courts ,.f Atlanta and Savannah, aud such other like courts as may be hereafter estab lished in other cities; and shall sit at the seat of government at such times, in each year, as shall he prescribed l>v law, for the trial and determination of writs of error from said Superior and city courts. Par. G. The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case—unless prevented by Providential cause—it shall be stricken from tlie docket, and the judgment 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. Paragraph 1. There shall be a Juilge of the Superior Courts for each Judicial Circuit, whose term of office shall be four years, and until his successor is qualified. Ho may act in other circuits when authorized by law. Par. 2. The - successors to the pres ent incumbents shall lie elected by the General Assembly as follows: To the half (as near as may be) whose com missions are the oldest in the year 1878, and to the others in the year 1880. All subsequent elections shall be at the session of the General As sembly next preceding the expiration 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 Constitutiou (ex cept to fill vacancies) shall begin on the first of January after their election, but if the time of the meeting of the General Assembly shall be changed, the General Assembly may change the term of the Judges selected thereafter. Section IV. Paragraph 1. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary; in cases respecting titles to land; and equity cases. Par. 2. The General A.sserably 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 hereinafter provided. Par. 4. They shall have appellate jurisdiction in all such cases as may be provided by law. Par. 5. They shall have power to correct errors in inferior judiciatories, by writ of certiorari, which shall only issue on the sanction of the Judge; and said courts, and the Judges thereof, shall have [lower to issue writs of mandamus, 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, con ferred on them by law. Par. 6. The General Assembly may provide for an appeal from one jury, in the Sujierior or city courts, to auother, aud the said courts may grant new trials on legal grounds. Par. 7. The court shall render judgment without the verdict of a jury in all civil cases founded on uncondi tional contracts in writing, where an issuable defense is not filed under oath or affirmation. _ Par. 8. The Superior Courts shall sit in each county not less than twice in each year, at such time as have been or may be appointed by law Par. 9. The General Assembly may provide by law for the appointment of some proper persons to preside in cases where the presiding Judge is, from any cause, disqualified. Section V. Paragraph 1. In any county within which there is, or here after may be, a city court, the Judge of said court and of the Superior Court may preside in the courts of each other in cases where the Judge of either court is disqualified to preside. , Section VI. Paragraph 1. The powers of a Court of Ordinary and of Probate shall be vested in an Ordiuary for each county, from whose decision there may be an appeal (or by consent of parties without a decision) to the Superior Court, under regulations pre scribed by law. Par. 2. The Courts of Ordinary shall have such power in relation to roads, bridges, ferries, public build ings! paupers, county officers, county i' fund, county taxes and other county matters as may be conferred on them by law. Par. 3; The Ordinary shall hold bts office for the term of four years,