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W. A. SINULS TON, Editor & Pro’p. VOLUME n. PART or THE MEW COSSTI - ARTICLE IV. POWER OF THE GENERAL ASSEMBLY OVER TAXATION. SECTION I. p a r. 1. The right of taxation is a sovereign right —lnalienable, inde structible —ja the |!e of the State and rightfully belongs to,the people in all republican governments, and neither the General Assembly, nor any, nor nil other departments of the govern ments established by tins Constitu tion, shall ever have the authority to irrevocably give, grant, limit, or rc , strain this l ight; and all laws, grants, contracts, and all other acts, whatso ever, by said government, or any de pa'rtnient tbeioof, to elfect any of these purposes, shall be, and are hereby declared to be null and void, for every purpose whatsoever ; and said right of taxation shall always be under the o4niplcte control of. and re vocable by the State, notwithstanding any gift, grant, or contract, whatso ever, by the General Assembly. SECTION 11. Par. 1. The power and authority of regulating railroad freight and passenger tariffs, preventing unjust discriminations, a.ud requiring rea sonable and just rates of freight and passenger t ariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws, from time to time, to regulate Ireight and ,passenger tariffs, to prohibit, unjust discriminations on the various rail roads of this State, and to prohibit sai 1 roads from charging other than just and reasonable rates, and en force fahe same by adequate penalties. Par. 2. The exercise of the right of eminent domain shall never be abridged, nor so construed as to pre vent the General Assembly from tak ing the property and franchises tf incorporated companies, and subject ing them to pubbe use; the same as the property of individuals ; and the exercise of the police power of the 11 uiv'or be abridged, nor so construed,.as to permit corporations t conduct their business in such manner ns to infringe the equal .rights of individuals, or the general well being of the State. Par. 3. The General Assembly ..shall not r mit tlie forfeiture of the charter of any corporation, now ex isting, nor after or amend the same, nor pass any other general or special ■law, for the benefit of said corpora tion, except upon the condition that ;,such corporation shah thereafter hold its charter subject to the provisions •of this Constitution; and every amendment of any charter of any oor iporation in this. State, or any special .lily fordU benefit, accepted thereby, shall operate as a novation of said 1 .charter and shall bring the same un der the provisions of this Constitute tution : Provided, that this section shall not extend to any amendment for the purpose of allowing any exist ing 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 au thorize any corporation to buy shares or stock in any other corporation in this StatC3 or elsewhere, or to make any contract, or agreement whatever with any such corporation, which may have the t fleet, or be intended to have the effect, to defeat or lessen competition in their respective busi nesses, or to encourage monopoly ; and all such contracts aiul agree ments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties. Par. 0. No provision of this article shall bo deemed, held or taken to impair the obligation of any contract heretofore made by the S.aieof Gcor- gia. Par. 7. The General Assembly shall enforce the provisions of this aiticlo by appropriate legislation. AIiTICE V. EXECUTIVE department. SECTION I. Par. 1. The officers of the Execu tive Department shall cons ist of a Governor, Secretary of State, Comp tiolller General arid 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. He shall not be eligible to re-election, alter the expiration ot' a second term, lor the period ot four years. lie shall have a salary of $3,000 per annuni (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 lie shall have been elected ; nor shall he re ceive, within that lime, any other emolument from the United States, or either of them, or from any for eign power. But tliis 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 be hold on the first Wednesday in October, 1380, and the Governor elect iiliull bo installed in office at the next session of the General As sembly. An election shall take place biennially thereafter, on said day, until another date be fixed by the Geneial A-n imbly. Said election .shall be hold at the places of holding general elec tions in the several counties of this State in the manner proscribed for thee'ec ion of 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 re iiirns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, who shall, without opening said reuu iis, cause the same to bo laid before the Senate on the day af ter the two houses shall have been or ganized, and they shall lie transmitted by the Senate to the House of Repre sentatives. Par 5. The members of each branch of the General Assembly shall convene in the Representtativa Hail, and the Pres ident of the Senate and the Speaker of the House of Representatives shall open and publish the returns in the presence and under the directions of the General Assembly.; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but, if no person shall have such majority, then from the two per sons having the highest number of votes, who shall be in life, and shall not do. dine an election at the time appointed for the General Assembly to elect, the General Assembly shall immediately el ct a Governor Ttva tdoe $ and in all cases of election of a Governor by the General Assembly a m joriiy of the members present shall be necessary to a choice. Par. 0, Contested elections shall he determined by both houses of the Gen eral Assembly in such manner as shall be prescribed by law. Par. No person shall he eligible to tlin office of (ievoinor who si.nil not have been a citizen of the United S.ates fifteen years, and a citizen of the Stale six rears, and who shall not have at tained the age of thirty years. Par. 8, In ca c c of the death, resig nation or disability of the Governor, the President oT the S.-nate .shall ex r- cise the executive powers of the govern ment until such disability be removed, or a successor is elected and qualified. And in ease of die dentil, resignation ot disability of the President of the Senate, the Speaker of the House of Represent atives shall exercise the executive pow ers of’ the government until such disa bili y 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 quali fication of a Governor. Par. 9. The General Assembly shall have power to provide by law for filling unexpired terms by special elec ions. Par. 10. The Governor shall, before ho enters on the duties of his office, take the following oath or affirma tion : “I do so etnnly sweat (or affirm, as the case may be) that I will faithfully execute the office of Gover nor of the State of Georgia, and will, to the best of my ability, preserve, protect and defend the Constitution thereof, and the Constitution of the United States of America.” Par. 11. The Governor shall be commander-in-chief of the army and navy of this State, and of the malitia thereof. Par. 12, Ho shall have power to grant reprieves and pardons, to commute, penalties, remove disabili ties imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in oases of treason and im peachment, subject to such regula tions as may be provided by law rela tive to the manner of applying for pardons. Upon conviction lor trea son, lie may suspend the execution of the sentence and report the case to the General Asembly at the next tneeeting thereof, when the General Assembly shall either pardon, com mute the sentence, direct its execu tion, or grant a further reprieve. He shall, at each session of the General Assembly, communicate tp that body each case of reprieve, pardon or com mutation granted, stating the name of the convicts, the offense of, which he was convicted, the sentence and its date, the date of the reprieve, pardpn or commutation, and tho reasons for granting the same. He shall take care that the laws arc 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 BIIENA VISTA, MARION UOINTY, GEORGIA, WEDNESDAY, SEPTEMBER 19,1877. General Assembly, from time to time, information of the state of the com monwealth; and recommend to their consideration such measures ns lie may doom necessary or expedient, lie shall have power lo convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General As sembly exec] t such an relate , to the object stated in hir proclamation convening them. Par. 14. When any office shall be come vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law ; and per sons so appointed shall continue in office tiniil it successor is cOmtnis biuned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof. Par. 15. A person once rejected by the Senate shall not be rc-appointed by the Governor to the sumo office during the same session, or the recess thereafter. Par. IC. The Governor shall have the revision of all bills passed by the General Assembly, before the same shall become laws, but two-thirds of each house may pass a law, notwith standing his dissent, and if any bill should not be returned by the Gov ernor within live days (Sunday ex cepted) after it has been presented to him, the same shall be a law ; un less the General Assembly, by their adjournment, shall, prevent, its re turn. He may approve any appro priation, and disapprove any other appropriation, in the same bill, and the latter.ghall not bo effectual, un less passed by two-thirds of each house. Pur. 17. Every vote, resolution, or order, to which the concurrence of both houses maybe necessary, except on a question of election or adjourn ment, shall be presented to the Gov ernor, and before it shall take effect, lie approved by him, or, being dis approved, shall be re-passed by two tbirds of each house. Par. 18. He may require informa tion in wri ing, from the.officers in the Executive Department on any subject rela ing to the duties of their respective offices. It shall be the duly of the Governor, quarterly, and oftener, if Lm deems it expedient, to examine, under oath, the Treasurer and Comptroller General of the State on all matters pertaining to their re spec ive offices, and to inspect and review their books and accounts. Tho General Assembly shall have au tiiority to provide by law for tho sus pension of either of said office: s from the discharge of the duties of his office, and als.> for the appointment ot a suitable person to discharge the duties of the same. Far. 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 total cost for secretaries and clerical force m his office shall not exceed $6,000 per annum. SECTION IT. Par. 1. The Secretary of State, Comptroller General and Treasurer shall be elected by the person quali fied to vote for members of the Gen eral Assembly, at the same time and in the same manner as the Governor. The provisions of the Constitution as to the transmission of the returns of election, counting the votes, declar ing the result, deciding when there is no election, and when there is a con tested election, applicable to the election of Governor, shall apply to the election of Secre ary 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 $2,000 per an.min. The clerical expenses of his depart ment shall not exceed $1,600 per an num. Par. 3. The salan of the Secretary ol State shall not exceed $2,000 par annum, and the clerical expenses of his department shall not exceed sl,- 000 per annum. Par. 4. Tho salary of the Comp troller General shall not exceed $2,~ 000 per annum. Par. 5. The Treasurer shall not bo al'owed, directly or indirectly, to re ceive any fee, interest or reward from any person, bank or corporation for the deposit or use, in anv manner, of tho public funds, and the General Assembly shall enforce this provision by suitable penalties. Par. 6. No person shall be eligible to tho office of Secretary of State, Comptroller General, or Treasurer, unless he shall have been a citizen cf the United States for ton 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 faithful discharge of their duties, A. DEMOCRATIC FAMILY NEWSPAPER. Tar. 7. The Secretary of State, the Comp‘roller General and the Treas urer intli not. bo ullowed any fee, perquisite or compensation other than their salaries, as prescribed by law, excepi llir-ir necessary expenses when absent from the seat of govern ment on business for tire State. section in. Par. 1. *f-he Great Seal of the State shall be deposited in th i office of the Secretary of State, and shall not be affixed to any instrument of writing except by order of the Governor, or Gener.l Assembly, and that now in use shall be the Great Seal of the State until otherwise provided, by law. ARTICLE VI. JUDICIARY. section 1. The judicial powers of this State be vested in a Supremo Court, Superior Courts, Courts of Ordinary, Justices of the Peace, commissioned Notaries Public,and such other courts as have been, cr may be, established by laW. SECTION 11. Par. 1. The Supreme court shall consist of a Chief Justice and two As sociate Justices. A majority of the court shall constitute a quorum. When one or more of the J udge3 are disqualified from deciding any case, by interest or otherwise, the Govern or shall designate a Judge, or Judges, of the Superior Court's to preside in said case. Par. 3. No Judge of any court .- hall preside in any case where the validity of any bond—Federal, State, corporation or municipal—is involved, who holds in bis own right, or as the repre entative .of others, any ma ferial interest in the class of bonds upon which the question to be decided ■arises. I’m. 4. The Chief Justice and As sociate Justices shall hold their offices for six years, and until their successors are qualified. A succes sor to the incumbent whose time wili soonest expire, shall be elected by the General Assembly in 1880; a successor to the incumbent whose term of olfic.; is next in duration shall be elected by the General Assembly in 1882; and a successor to the third incumbent shall bo elected by the General . Assembly in 1.884; but ap pointments to fill vacancies.shall only bo for the urn xpired term, or until such vacancies arc filled by elections, agreeably to the mode pointed out by this Constitution. Par. 5. The Supreme Cotut shall have no original jurisdiction, but shall be a court alone tor the tr al and correction of errors from the Su perior CourtSj and from the City Courts of Atlanta and Savannah, and such other like courts as may be here after established in other cities; and shall set at the seat ot government, 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 second term after such writ of error is brought ; and in case the pllantiff iu error shall not be prepared at the first term to prosecute the case—un less prevented by Providential causes —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 judg ment until the next term after the same is argued, SECTION 111. Far. 1. There shall boa Judge of the Superior Courts in each judical circui , whose term of office shall be four years, and u til his successor is ! qualified. He may act on other cir cuits when authorized by law, Pur. 2. The successors to the pres ent incumbents shall be elected by the General Assembly as follows : To the halt (as near as may be) whose commission are the oldest, in the year 1878 ; and to the otheis, in 1880. All subsequent elections shall be at the session of the General As sembly next proceeding the expira tion ot the terms of incumbents, ex cept elections to fill vacancies. The day ot the election may be fixed by the General Assembly. Par. 3. The terms of the Judges to be elected under the Constitution (except to fill vacancies) shall begin ou the first day of January after their election. But if the time for the meeting of the General Assembly shall be changed, the General Assem bly may change the time when the terms of Judges thereafter elected shall begin. * SECTION IV. Par. 1. The Superior Courts shall have exclusive jurisdiction in case3 of of divorce ; in criminal cases where offenders is subject to loss of life, or confinement in the penitentiary ; in cases respecting titles tp land ; and equity cases, Par. 2. The General Assembly may confer upon Courts of Common Law, all the powers heretofore oxer cisi and by Courts of Equity iu th.s State. Par. 3. Said Courts shall have ju risdiction in all civil cases, except as hereinafter provided. Par. 4. They shall have appe late jurisdiction as may be proscribed by law. Par. 5. They shall have power to correct errors in inferior judicator ries, by writ certiorari, which shall only isgue on the sanction of the Judge ; and said court.and th*'Judges thereof,shall.have power to issue writs of mandamus, prohibition, scire facias and all other writs t hat may be nec essary lor carying their powers fully into effect, and shall have such other powers as are, or may be, conferred on them by law. Par. 0. The General Assembly may provide for an appeal from the jury, in the Superior and City Courts, to another, and the said courts may grant new trials on legal grounds. Par. 7. Tlie court shall render judgment without the verdict of the jury, in all civil cases founded on un conditional contracts in writing,where an issuable defence is not filled 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 be.en, or may be, appointed by law. Par. 9. The General Assembly may provide bylaw for the appointment of,some proper person to preside in cases where the piesiding Judge is, f/om any case, disqualified. section v. Par. 1. In any county within which there is, ir hereafter may be, a Ci'y Court, the Judge of said com ts, and ol the Superior Court, may pre side in each other in cases where the Judge of cither court is disqualified to preside. SECTION VI. Par, 1. The powers of a Court of Ordinary, aud of Probate,, shall be vested in an Ordinary fer ooch county, whose decision there may ho an appeal (or, by concent of parties, without a decision) to the Superior Court, under regulations prescribed bylaw. Par. %. The Courts of Ordinary shall lufvo sch powers in relation to roads, bri lges, terries, public build ings paupers, co inty offices, county funds, county taxes and other county matters, as may be conferred On them by law Par. 4. The Ordinary shall hold his office for the term ot four years, and until his successors are elected atid qualified. SECTION VII. Par. 1. There shall be in each ma litia district cne Justice of the Peace, whose offical term, except' when elected to fill an unexpired term, shall he four years. Far. 2. Justices cf the Peace shall have jurisdiction in all civil cases, arising ex contractu, and in cases of injuries or damages to personal property when the principal sum does not.exceed §IOO and shall sit monthly, at fixed times and places; but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court, under such regulations as may be prescribed by law. Par. 3 Justices of the Peace shall be elected by the legal " voters in their re spective districts, and shall be coinmis sioned by the Governor. They sbal' be removable on conviction for malpractice in ffioce. SEC 1 ION VIII. Par 1. Commissioned Notaries Pub lic, not to exceed one for each militia district, may ha appointed by the judges of the Superior Courts in their respective circuits, upon recommenda tion of the grand juries of the several counties. They shall be commissioned by die Governor for the term of four years, and shall he cx officio Jusdees of the Peace, and shall be removable on conviction for malpractice in office. SECTION IX. Par. 1. The jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts) of the same grade or class, so far as regulated by huv, and the force, and effect of 1 lie process, judg ment and decree, by such courts, sever ally, shall be uniform. This uniform - ity must be established by the General Assembly. section x. Par. 1. There shall be an Attorney General of this State who shall be eleotod by the people at the same time, for the same term, and iu the same manner as the Governor. Par. 2. It shall be the duty of the Attorney General to act as the legal adviser of the Executive Departmentj to represent the State in the Supreme Court in all capital felonies ; and in all civil and criminal cases in any court when required by the Governor, and to (CONTINUED ON |UI I’AGE.) AMERICUS ONE PRICE STORE We are now rocieving our Fall Stock of " > DRY GOODS, HATS, SHOES, UMBRELLAS, LADIES A GENTS MERINO VESTS, GENTS LINEN SHIRTS AND COLLARS, ‘PON TON” CORSETS— an extra article, KNITTING and SEWING THREAD, SODA, POTASH, POCKET& TABLE KNIVES, “PAROR STEEL” SCISSORS, Ac, &c. THE LARCEST AND BEST ASSORTMENT OF CARPETING TX SOUTH WESTERN GEORGIA, AND AS low as they can be bought iu our larger cities. Besides a general and ws’l assorted stock of ® FIRST €I,ASS CLOTHING. We are now having manufactured to order, in New York, a fine let of SOUTHERN-MADE DOESKIN JEANS SUITS, WHICH WILL BE VERY CHEAP , AND SUPERIOR TO ANY OTHER GOODS AT TILE SAME PRICE. We also have the same goods in the piece. * Wl> iie wo do net propose to *eii a few items at less than cost,for effect,, we do intend that *ur average profits shall be as low as those of any house in Georgia, Granberry &, Barlow, Americus, Ga., September 10,1877 -2ms New Stock. WE ARE NOW RECEIVING . : , A Large & well selected stock of Groceries. To 'rhlch we ask the attention of the Surrounding Country, and respect/idly solicit a por tion of the patronage of all zoho bto/s their supplies in this Market — ESPECIALLY MARION, WEBSTER and SCIIEEY COUNTIES. We will give PERSONAL and PROMPT ATTENTION, to all business en trusted to us—hoping thereby to merit the confidence of all. fl}i|f;ji i( If M H We Have In Store to Which we are making addition® daily—— Ssn, BACON, I.ARD, lIAiltJ. COFFEE, SUGAR, SYRUP. .UOLsSSEES, TOBACCO -g& FLOUR. SALT. CHEESE, CRACKERS, MAOKERAL, BAGGING & >e~ TIES, SODA, POTASII, SOAP. SHOT, POWDER A CAPS, SMOKIXO TOBACCO—WHOLESALE A RETAIL, and ALL OTHER -fST ARTICLES USUALLY KEPT IN A GROCERY STORE. We M ils tieep a Complete Stock, and will be Undersold by None. Thankin'.- on ’ friends for iv, t-favors, we p.sh a trial in future, to prove -what *>* true. 8 A. .T. BtICKANNAN & BRO. Ist and 2nd 4y>rs south of t-rango Warehouse, Cotton Avenue, Americus, Ga. S sept 12-tf - ~\ EOemIiiTKTOWITON'S FLOUR MILLS, ■ Annouee to the , . PEOPLE OF SCHLEY, MARION, SUMPTER, WEBSTER, MACON AND TAYLOR COUNTIES, THAT WE are making from GOOD WHEAT FLOUR WHICH CAN IT 1 SURPASSED BA ffl MILLS I G.l WE GUARANTEE AS GOOD AND A3 LARGE A YIELD OF FLOUR, FROL SAME WHEAT, AS ANY MILL IN THE STATE, AND FAR SUPS’. RIOR TO ANY WE HA VE SEEN IN THIS COUNTRY. (SS?- WE ASK BUT A TRIAL--CONVICIIOX WILL FOLLOW Jgl 60CEEELL & KSQWVSm, Eilaville, c.a., A..-, 29,18 U. Proprietors = " til A PM..YIN 'S j JBU WI4I Betmm Dmtma Dehi.es. B.EST&UBANT AKB &QMCS 3FGS H©B€EBs| PIUS X, CL ASS rut IS, AND open ax all hours. bar and BILLIARD SALOON CONNECTED WITH THE HOUSJfI LAMAIt STREET, ASIEHICUS, GA. ,■ RUG C? XX A. X* 3M . Who never shuts up late or soon, Who cooks good things mom, night and noon, Who keexis a number one Saloon? Buao Chapman. Who lias good Oysters. Crabs and Fish, Beet, Mutton, Turkey, or any dish. From Sausage, up to what you wish 5 B’jgg Ciupman, Who' night and day stands (here to sell, Plant Oyster's ou tile big half shell, With Stews and Fries as hot as well? Bcoo Chatman. pept 12-3 ms SPRING AND SUMMER GOODS! JUST RECEIVED AT JflcJftichael fy Stevend Our purchases exceeds that of any season past, and vj feel confident that 1 OUR STOCK CAN’t BE EXCELLED- ‘ I In town in prices and variety | AVe solicit an early call from the people of the counl As wc will do our best to please in Prices, &c. McMichael & Stevfrt I Annual Subscription $2 OO Who meets his guest with friendly smile, And for his friends will go his pile, And give them grub in any style? Bugs ChafmaS And when at night he sits well fed, 58 With Bugg's ‘'Log Cabin,” and level head.H Who’ll put him in his little bad? Buoo CnATJd'jjj Oh ! good old, house on Lamar street, flj Oh ! good old Bye—good things to eat, fl Oh 1 beet of places where you'll meet fl Buoo Chafmjß No. 49