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| CONSTITUTION OF 1877:
Ol TtOMi: OF THE I.A
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| lM 4 i, t rnHj CompMe* with
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Ti cl |)ntn:tlo the principles of
',,,'cnunent, u'isiuf justice to
lll ,‘ neve peace, promote tTd in
•iwU': * 1 T incSh ° ,11 ‘
i ~..|nsimt U) l>oL*-rity Iho enjoy
-1" , Jiborh', 'vo, tho people ,of
! '“ iv/vinJT upt.n the protection
; ,rii!<l:inci‘ ‘J A I mighty God, (lo
•"j‘ * ,n.I o. tihlish Ihs coustilu
auticle I.
~,■ 11 on 1- Paragraph 1. All
niiiiciit, of right, originates
|i rio* people, is founded upon
will only, and is instituted
j ;fir tin; good of the whole.
C ii.ic officers are the trustees and
mts of the people, and, at all
ijt lir . amenable to them.
I'aii. i’ro taction t ]>oi‘son
,1 property is itiie paramount du
n ~f "lovriiment, am*, shall Ik* im
iitial and complete. I .
j’.vr ■>. No person shall ho do
i„,\ I of Iho right to prefftocute or
,1, iml 1 1 is own oause in any of lho
eiiis ol thi>™ state, in person, ny
. * .. - r 1■ • -111.
Bail (i. It very person charged
.•.it!; a i offense against the law's of
tn stale Shall have- the privilege
I benefit of counsel ; shall he fur
iia and. oh demand, wut li n eopv of
l .e aeetisa!ion, and a list of tin* \vit
iie-'-e: on whose testimony the
iiarge against him is founded ; shall
hoe compulsory process to obtain the
ii -tiu.ony of his own witnesses ; shall
„ on fronted with the wit nesses t *st i
f\in * a:ailist him ; and shall liayo
i( p ih’ie .ii I spei and/ trial by an im
;. lt ill ji ry.
par. G. No jieiaon shall be com
pelled to Live testimony tending in
; , 11 v manner to criminate himself.
Par. 1. Neither banishment In*
voml the limits of the. state, nor
".vliipping. as a punishment for crime
;ha\\ be allowed.
Par. 8. No person shall he put
in j ifurAs of life, or liberty, more
ih. in once for tne same offense, save
nil hi'. **r Iter, own motion for anew
liial after eonvietiou, or in ease of
ii. • irial.
!‘.ir. bail shall not
Iri'irjmrod, nor excessive tines im
pu.ed, nor enu I and nnumal pun
rhineiiis inflicted; nor shall any
l‘i on be abused in being arrested,
uliile i.nder arrest, or in prison.
Par. 10. No person shall be com
piled to | ay costs except. after enn
ui lion on linal trial.
Par. 11. Then writ of habeas cor
j us shall not he suspended.;
Par. li. Ail men have the natural
lt ,and inalienable right to worship God
i u li according to the dictates of his
o'.it (onseieme, and no human an
iiiuritv’ slioubl, iii any ease, control
>r interfere withsueli right of con
o'liee.
Pai - . !'!. No inhabitant of (his
ite shall be molested in person or
property or prohibited from holding
anv public office, or trust on account
el Ins icligious opinions ; but the
right of liberty of conscience shall
mu be so con.trued as tocxcu-e acts
of lirentioiisness. or justify practic
, inconsistent with tin* peace and
sif, t\ of the slate.
! ar. Id. No money shall ever be
taken from the public treasury, di
rectly or indirectly, in aid of any
church, sect, or denomination of re
ligionists, or of any sectarian institu
tion.
Par. 15. No law shall evi r be pass
ed tocurtail, or res’iain, the liberty
el :pi roh of the pre.-s, any person
Hen speak* write, and publish his
"ntiments, on all subjects, being
nsponsible for tin* abuse of that lib-
Cl't v.
Par. 10* The light of the peo
ple m be secure in their persons,
houses, }a) ers, and effects, unreas
onable searches and seizures, shall
not Im* violated, and no warrant shall
i-oie except on probable cause, sup-*
ported by oath, or affirmation, par
ticularly describing the place, or
places, to be searched, and the per*
aais am! things to be seized.
Par. li. There shall be wThin the
tate of (leorgia neither slavery nor
involuntary servitude, save as a
punishment for crime after legal coll
ection thereof.
Par. 18. The social status of the
citizen shall never be the subject of
legislation.
Par. IP. The civil authority
.hall be superior to ilie military, and
no soldier shall in lime of peace, lie
quartered in any house, without the
consent of the owner, nor in time of
war, except by the civil magistrate, in
nob manner as may be provided by
W.
Var. 20. The. power of [lie
1 ns to punish for contempt shall
1,1 limited by legislative acts.
Gar. 21. There shall be no im
ptk'onment for debt.
Aar. 22. '1 he right, ofthcpco
jdn to keep ami Lear arms, siadl not
lM infringed ,'hhf the general assem
ll|v shall iiave power to prescribe the
Manner in which arms maybe borne.
Gar. 2d.The legislative,-judical and
executive powers shall forever remain
separate and distinct, and no person
'liscliargeing the duties of one, shall,
*d the same time, 'exercise the funct
ions of either of the others, except
as herein provided.
. I’ar. 2-4. The people have the
dgnt to assemble peaceably for their
common good, and lo apply Lo these
Posted with the powers ol gourn-
Ment for redressof grieva nee's by }.e
btion of i t monstrance.
1 ar. 25. All citizens of the UnU
I Stales, resident in mis .state, are
hereby declared citizens of this state,
aiK * u shall be the duty of the gen*
n.t; assembly to tiiacl such laws as
I 1 l'ioltt t iii t!u* lull enjoyment of
i'ghts privileges ami immunities
to such citizenshii>.
•Ei’Tiox 11. Par. 1* in all prosecu-
' ' ■* " ......
VOL. VIII.
ti‘>ns or indictments for lible the truth
may be given in evidence; and the
jury in all criminal eases, shall lx* the
judges of the law and of the facts.
The power of the judges to grant new
trials in eases of conviction, is pre
served.
( Gar. 2. Treason against the state of
Georgia, shall consist of levying war
against her; adhering to her enemies;
giving them aid and comfort. No
person shall be convicted of treason,
except on the testimony ot two wit
nesses to the same overt act, or con
fession in open court.
Par. 3. No conviction “shall woik
corruption of blood, or forfeiture of es
tate.
Par.. 4. All lotteries, and the sale
of Lottery tickets are hereby* prohibit
ed; and this prohibition shall be etm
forced by penal laws.
Par. f>. Lobby ing is declaresl to be
a erftmC and the general assembly
shall enforce this provision by suita
ble penalties.
Par. C. The general assembly
shall have the ]mwer to provide for
, thy p}.misli;:i(Mit of fraud ; and shim
| provide, by law, for ica'oTiing the
propeity of the .debtor concealed
j from the creditor.
Section 111. Paragrapn 1. I:i
oast's ot. necessity, private ways may
be granted upon just. (t.m'peiiFation
bung liist paid by ibe applicant.
Private property shall not be fa
-1 ken or damaged, tor public purposes,
without just ami adequate coni pen
sat ion 1 eing first paid.
Gar. 2. No bill of attainder, ex
post factoJuaw, n*troue!ive l;,iw, or
law impairing the obligation of con
tracts, ot making irrevocable grant
of rpccial privileges or immunities,
shall be passed.
Gar. 3. No Giant of special piif4-
leges or immii urles shall be revoked,
except in such manner as to w ork no
injustice to4!ic corporaters or credi
tors of the iiH-orjauation.
Section -1. Paragra]*h 1. Laws
lot a general nature shall have uni
form operation throughout the stale,
and no special law shall be enacted
in any ease for winch provision has
been made by an existing general
law. No general law affecting pri
vate rights, shall be varied in any
particular case, by special legislation
except with the free consent, in writ
ting, of all persons Ho he nifeoted
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 constitu
tion ot t.he L nited States, are void,
and the judiciary shall so declare
them.
Section 5. Par. 1. The people of|
this state have the inherent, sole
and exclusive right of regulating
their internal government, and the
police thereof, ot altering and abol.
ishing tlu ir constitution whenever it
maybe neeessarv to their safety and
! happiness.
Par. 2. The enumeration of rights
I herein contained as a part of this
constitution, shall not be construed
to deny to the people any inherent
lights which they may have hitherto
enjoyed.
A imcr.K Tl ELECTIVE EKANCIIIsE.
Section 1. Paragraph 1. Jn all elec
tions by the people, the electors shall
v o 4 e bv ballot-
Gar. 2. Every male citizen of the
United States (except as hereinafter
provided); twenty-one years of age,
who shall have resided in this state
one year next preceding the election,
and shall have resided six months in
the country m whi h he offers to
vote, and shall have paid all taxes
which may hereafter bo required of
hi in and which he may have
had an opportunity oi' paying,
agreeable to law, except for the
year of the election, shall be
deemed an elector : Provided, that
no soldier, sailor or marine in the
military or naval service of t lie Uni
ted States, shall acquire flic rights
of an elector, by reason of being sta
tioned on duty in this state ; and no
person shall vote who, if challenged,
shall refuse to take the following
oath, or affirmation : “I do swear
(or affirm) that I am twenty-one ;
years of age, have resided in this
State one year, and in this county
six months, next preceding this
election. 1 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 topny,Uind that 1
have not voted at this election.
Section 11. Paragraph 1. The
general assembly may prov ide, from
time lo time, for the registration of
all electors, but the following classes
(ff persons, shall not be permitted to
register, vote or hold any office, or
appointment of honor or trust in
this st itc. to-wit : ist. Those who
shall have been convicted, in any
court of competent jurisdiction, of
treason against the state, or embezzle
ment of public funds, malfeasance in
office, bribery or larceny, or of any
crime involving moral tnrp'tude,
punishable by tl e laws of this State
with imprisonment in the penitenti
ary, unless such person shall have
been pardoned. 2d. Idiots and in
sane persons.,
Section 111. Paragraph ]. Elect
ors shall, in all cases, except for trea
son, felony, larceny, ami breach of
the ]K*aee, be privileged from arrest
during their attendance on elections,
and in going to and returning from
the same.
Section IV. Patagraph 1. No
I Arson who is the holder of any pub
lic money, conti ary to law, shall he
eligible, to any office in this state,
until the same is accounted for and
TIUVMASTON. GA.. SATURDAY MORNING. SEPTEMBER 1. 1877.
; in‘o the hvasnrv. /^l|
Gar. 2. No person who, after
■ Gie adoption of tl.is constitution,
being a resident of this .State, shall
liaye been eonviotel of lighting adu
*d in this state or convicted ot send
ing or aeeept ing n challenge, or con
i victqd oi aiding, or abetting such
duel; sli dl hold*office in this State,
unless he shall have been pardoned ;
and eve ry such person shall, also, lie
subject t o such punish mi nt as may
be preseiibcd iv law.
Section V, Paragraph 1. The
| general assembly shall, by law, for
i bal the sale, distribution, or furnish
! ing intoxicating drinks within two
miles of election precincts, on days
l of elect ion--st hto county, or muni
i cipal—and prescribe punishment, for
! any violation of the same.
Section Vi. Paragraph 1. Kc
; turns of the election for alt ciGl of
; liters elected by the people, who are
to be commissioned bv the governor,
j and. also, for the lncml^^^x)f the
j general assembly,’'shall be made to
j-Gie secretary of state, unless othcr
-1 wise provided bylaw
I ARTICLE 111 LEGISLATIVE DEPAItT-
M ENT.
Section i. Paragraph 1. The legis
lative power of the state shall be vest
ed in a general assembly which shall
consist of a senate and house of rep-
Irlsentatives.
Section 11. Paragraph 1. Thesenate
shall consist of forty-four members.
I here shall be fortysfour senatorial
districts, as now arranged b}* conn*,
ties. Each district shall have one
senator.
Par. 2. The first senatorial dis
trict shall be composed of the coun
ties of Chatham, llryan and Effing
ham.
The second senatorial district shall
be composed of the counties of Liber
ty', Tatnall and Mclntosh.
The third senatorial district shall
be composed of the counties of Wayne,
Gierce and Appling.
'1 lie fourth senatorial district shall
be composed of the counties of Glynn
Camden and Charlton.
The fifth senatorial district shall be
composed of the counties of Coffee,
Ware and Clinch.
The sixth senr.torial district shall
lie comm posed of the counties of
Echols, Lowndes and Berrien.
The seventh senatorial district shall
be composed of the counties of Brooks
Thomas and Colquit.
The eighth senatorial district shall
be composed of the counties of Dcca
tur, Mitchell and Miller.
'flic ninth senatorial district shall
be composed of the counties of Early,
Calhoun and Baker.
The tenth senatorial district shall be
composed of the counties of Dougher
ty. Lee and Worth.
'1 he eleventh senatorial district shall
be composed of the counties of ( lay
Randolph and Terrel.
The twelfth senatorial district shall
be composed of the counties of Slew
art, Webster and Quitman.
The thirteenth senatorial district
shall be composed of the counties of
Sumter, Schley and Macon.
The fourteenth senatorial district
shall be composed of the counties ot
Dooly, Wilcox, Pulaski and Dodge.
Jhe fifteenth senatorial district
shall be composed of the counties of
of Montgomery, Telfair and Irwin.
The sixteenth senatorial district
shall be compased of counties of
Laurens, Emanuel and Johnson.
The seventeenth senatorial district
shall be composed of the counties of
Screven, Bulloch and Burke,
The eighteenth senatorial district
shall be composed of the counties of
Richmond, Glasscock and Jeffcr
son.
The nineteenth senatorial dis
trict shall be composed of the conn
tics of Taliaferro, Green and War.
ren.
The twentieth senatorial district
shall be composed of the counties
of Bald win, Hancock and Washing,
ton.
The twenty-first senatorial district
shall be composed of the counties of
Twiggs, Wilkinson and Jones.
The twenty-second senatorial dis
trict shall be composed of the coun
ties of Bibb, Monroe and Pike.
The twenty-third senatorial dis
trict shall be composed of the coun
ties of Houston, Crawford and Tay
lor.
The twenty-fourth senatorial dis
trict shall be composed of the coun
ties of Muscogee, Marion ami Chat
tahoochee.
The twenty-fifth senatorial district
shall be composed of the counties of
Harris. Upson and Talbot.
The twenty-sixth senatorial district
shall be composed of the counties of
Spalding, Butts and Fayette.
The twenty-seventh senatorial dis
trict shall be composed of the coun
ties of Newton, Walton, Clarke, Oco
nee and Rockdale.
The twenty-eight senatorial district
shall be composed ot the counties of
Jasper, Putnam and Morgan.
The twenty ninth senatorial dis
trict shall be composed of the coun
ties of "Wilkes, Columbia, Lincoln
and McDuffie.
The thirtieth senatorial district
shall be composed of the counties of
Oglethope, Madison and Elbert.
The thirty-first senatorial district
shall be composed of the counties of
Hart, Habersham and Franklin.
The thirty-second senatorial dis
trict shall Ixi composed of the coun
ties of White, Dawson and Lump
kin.
The thirty-third sc-natotial d\s
tl ist shall be composed of the coun
ties ol Hall, Banks and Jackson.
The thirty-fourth senatorial dis
trict shall bo composed <f tlie cqfun-
ties of Gwinnett, DeK lab and Hen
ry. X
1 lie thirty-tilth senatorial district
shall be composed of the coipatiesjtd’
Claton, Cobb and Fulton.
1 he thirty-sixth senatorial district
shall be composed of the counties of
Campbell, Ctqvo’a, MerivvethW and
Douglass. wiW&'h,
The thirty-seventh senatorial dis
trict shall be composed of ttie counties
of Carrot!, Heard and Troup.
’1 he thirty-eighth senatorial district
sliall b? composed of ihe counties of
Haralson, Polk and Paulding,
The thirty-ninth senatorial district
shall be composed of the counties of
Milton, Cherokee; and Forsyth.
The fortieth senatorial district shall
be composed of the counties of Union,
Uownf and Rabun.
The forty-first senatorial district
shall be composed of the counties of
Pickens’ Fannin and Gilmer.
The forty"ceond senatorial district
shall be composed of the counties ot
Bartow, Floyd and Chattooga.
'I he forty-third senatorial district
shall be composed of the counties of
Murray, Gordon and Whitfipld,
1 he forty-fourth senatorial district
shall .Ik* composed of the countErs ot
W alker, Dado and Catoosa
Pail 3. The general Assembly
may change these‘districts after each
census of the United States : Provi
ded, That neither the number of dis
tricts nor the number of senators from
each district shall be increased.
Section III* Paragraph 1. The
house of representatives shall consist
of one hundred and seventy-live rep
resentatives, apportioned among the
several counties as follows: To the
six counties having the largest popu
lation, viz: Chatham, Richmond,
Burke, Houston, Bibb and Fulton,
three representatives each ; to the
twenty-six counties having the next
largest population, viz : Bartow. Cow
eta, Decatur, Floyd, Greene, Gwin
nett, Harris, Jefferson, Meriwether,
Monroe, Muscogee, Newton, Stewart,
Sumter, Thomas, Troup, Washington
Hancock, Carroll, Cobb, Jackson,
Douglitery, Oglethorpe, Macon, Tal
bot, and Wilkes, two representatives
each ; and the remaining 105 counties
one representative each.
Par. 2. The above apportionment
shall be changed by the general ass
sembly at its first session after each
census taken by the United States
government, so as to give the six
counties having the largest population
tin ee representatives each, and the
twenty-six counties having the next
largest population two representa
tives, each ; but in no event shall the*
aggregate number of representatives
be increased. /
Section IV. Paragraph 1. The
members of the general assembly shall
bo elected for two years, anil shall
serve until their successors are elec
ted.
Par: 2. 'Che first election for mem
bers of the general assembly, under
the constitution, shall take place on
the first Wednesday in December,
1877, the second election for the same
shall be held on the first Wednesday
in October, 1880, and subsequent
elections biennially, on that day, un
til Hie day of election is changed by
law.
Par. S. The first meeting of the
general assembly, after ratification of
this constitution, shall lie on the first
Wednesday in November, 1878, and
subsequent meetings biennially there
after, on the same day, until the day
shall be changed by law. But noth
ing herein contained shall be constru
ed to prevent the governor from call
ing an extra session of the general
assembly before the first Wednesday
in November, 1878, if, in his opinion,
the public good shall require it.
Par. 4. A majority of each house
shall constitute a quorum to transact
business ; but a smaller number may
adjourn from day to day and compel
the presence of its absent members,
us each house may provide.
Par. 5. Each senator and represen:
tative, before taking his scat, shall
take the following oath, or affirma
tion, to-wit: *‘l xvill support, the
constitution of this state, and of the
United States, and on all questions
and measures which may come before
me, I will so conduct myself as will,
in my judgement, be most conducive
to the interest and prosperity of this
state/’
Par. G. No session of the general
assembly shall continue longer than
forty days, unless by a two-thirds
vote of the whole number of each
house. |
Par. 7. No person holding a mili
tary commission or other appoint
ment or office having any emolument
or compensation annexed thereto un
der this state or the United States, or
either of them, except justices of the
peace and officers of the militia, nor
any defaulter for public money or for
any legal taxes required of him shall
take a seat in either house; nor shall
any senator or representative, after
his qualification as such, be elected
by the general assembly or appointed
by the governor, either with or with
out the advice and consent of the sen
ate, to any office, or appointment
having any emolument annexed there
to during the time for which he shall
have l>een 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 Uni
ted 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 dis
trict from which elected.
Par. 2. The presiding officer of the
senate shall Ik 1 styled the President
of the Senate, and shall be elected vi
va voce from the senators.
Par. 4. When sitting for that pur
pose. the members shall lx? on oath
or affirmation, and shall be presided
over by the chief justice or the presi
ding justice of the supreme court—
Should the chief justice be disquali -
fied, 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 mem
bers present.
Par. 5. Judgements; in cases of
impeachment, shall not extend fur
ther than removal from office, and
disqualification to hold and enjoy any
office of hsnor, trust or profit within
this state; but the party convicted
shall nevertheless lie liable and sub
joct to indictment, trial, judgement
and punishment according to law.
Section VI. Paragraph 1. The
representatives 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 tor one year residents
of the counties from which elected.
Par. 2. The presiding officer of
the house of representatives shall le
styled the Speaker of the House of
Kcpresentatives, and shall be elected
rim vow from the body.
Par. 3. 'J lie house of representa
tives shall have the sole power to im
peach all persons who shall have been
or may be in office.
Section VII. Paragraph 1. Each
house shall be judge of the election,
returns and qualifications of its mem
bers, and shall have power to punish
them for disorderly behavior or mis
conduct, by censure, line, imprison
ment or expulsion ; but no member
shall be expelled except by a vote of
two-thirds of the house to which lie
belongs. *
Par. 2. Each house may punish
by imprisonment, not extending be
yond the session, any person, not a
member, who shall be guilty of con
tempt by any disorderly behavior in
its presence, or who shall rescue or
attempt to rescue any person arres
ted by order of either house.
Par. 3. The members of both hous
es shall be free from arrest during
their attendance on the general as
sembly and in going thereto and re
turning therefrom, except for treason,
felony, larceny or breach of the
peace ; and no member shall be liable
to answer in any other place for any
thing spoken in debate in either
house.
Par. 4. Each house shall keep a
journal of its proceedings, and pub
lish it immediately after its adjourn
ment.
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 there
of.
Par. 6. r l lie yeas and nays on any
question, shall, at the desire of one
filth of the members present, be en
tered on the journal.
Par. 7. Every bill, before it shall
pass, shall be read three times, and
on three separate days, in each house
unless in cases of actual invasion or
insurrection.
Par. 8. No law or ordinance shall
pass which refers to more than one
subject matter, or contains matter
different from what is expressed in
the title thereof.
Par. 9, The general appropriation
bill shall embrace nothing except ap
propriations fixed by previous laws
the ordinary expenses of the execu
tive,-legislative and judicial depart
ments of the government, payment
of the public debt and interest there
on, and tor the support of tli.c public
institutions and'erTucatibnal interests
of the state. All other appropria
tions shall be made by separate bills
each embracing but one subject.
Par. 10. All bills for raising rev
enue or appropriating money shall
originate in the house of representa
tives, but the senate .may; propose or.
concur in amendments, as in other
bills.
Par. 11. No money shall be drawn
from the treasury except by appro
priation made by law, and a regular
statement and account of the receipt
and expenditure of nil public money
shall be published every three months
and also, with the laws passed by
each session of the general assembly.
Par. 12. No bill or resolution ap
propriating money shall become a law
unless, upon its passage, the‘yeas
and nays, in each house, are recor
ded.
Par. 13. All acts shall be signed
by the president of the senate and
the speaker of the house ot represen
tatives, 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 was re
jected.
Par. 14. No bill shall become a law
unless it shall receive a majority of the
votes of all the members elected to
each house of the general assembly,
and it shall, in every instance, soap
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, within live
days ofthe organization of the gener
al appoint a committee,
consisting of one from each eofiv ivs
sional district, whose duty it shall he
to consider and consolidate all special
and loeal bills, on the same subject,
and report the same to the house; and
no special or local hill shall he read or
considered by the house until the
same has been reported i\ said corn
mittee, unless by a two-third- vote.
And no hill shall he considered or re
ported to the bouse by said commit
tee, unless the same shall have been
laid before it within fifteen days after
the organization of the genera! assem
bly ; except by a twootbirds vote.
Par. If.. No local or special hill .-hall
he passed, unless notice of tlie* inten
tion to apply therefor shall have !**en
published In tin* Ideality where the
matter or thing to Ik* affected may he
situated, which notice shall be given
at least thirty days prior to the intro
duction of such bill into the general
assembly, and in the manner to be
pre-eribed by law. The evidence of
uch notice having Ixcii published,
shall be exhibited in the general as
sembly beforesrich act shall he passed.
Par. 17. No law, or section of the
code, shall la* amended or repealed by
mere reference to its title, or to the
number ot the section of the code, but
the amending, nr repealing net, shall
destinetiy describe the law to l*e
amended or repealed, as well as the
alteration to be made.
Par. IS. The general assembly shall
have no power to grant corporate pow
ers ami privileges to private compa
nies, except banking, insurance, rail
road, canal, iia\igatii>u v expre.-s and
telegraph companies ; nor to make or
change election precincts; nor to es
tablish bridges or ferries; nor to
change names or legitimatize chil
dren ; hut it shall prescribe by law the
manner in which such powers shall
Ik* exercised by the courts.
Par. Is>. The general assembly shall
have no power to relieve principals or
securities upon forfeited recogni/.au
ces, from the payment thereof, either
before or after judgement thereon, tin
less the principal in the recognizance
shall have been apprehended and pla
ced in the custody of the proper oitl
eer.
Par. 20. The gneeral assembly shall
not authorize the construction of any
street passenger railway within the
limits of any ii.eorporaUd town or
city, without the consent of the cor
porate authorities.
Par. 21. Whenever the constitution
requires a vote of two* thirds of either
or both houses tor the passing of an
act or resolution, the yeas and nays on
the passage thereof shall tie entered on
the journal.
Par. 22. The general assembly shall
have j tower to make all laws and or
dinances consistent with this consti
tution, and not repugnant to the con
stitution o; the United States, which
they shall deem necessary and proper
for the welfare ofthe state.
Par. 22. No provision in this consti
tution 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 adjourn
for more than three days, "or to any
other plaee, without tlie consent of the
other, and in ease of disagreement be**
tween the two houses, on a question of
adjournment, the governor may ad
journ either, or both of them.
Section VIII.-—Par. 1. The offi
cers ofthe two houses, other than the
president and speaker, shall be a sec
retary of the senate and clerk of the
house of representatives, and such as
sistants as they may appoint; but the
clerical expenses of the senate shall
not exceed sixty dollars pel* day, for
eaeli session, nor those of the house of
represeutatves seventy dollars per day
for each session. The secretary of the
senate and clerk ofthe house of repre
sentatives shall be required to give
bond and security for the faithful dis
charge of their respective duties.
Section IX.—Paragraph 1. The
per diem ofthe members of the gen
eral assembly shall not exceed four
dollars, and mileage shall not exceed
ten cents for each mile travelled by
the nearest particable route, in going
to and returning from the capital; but
the president of the seuato and the
speaker of the bouse 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
appear on the journal of fhe house of
representatives. When the senate
and house of representatives 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 other
marriage, and all property given to,
inherited or acquired by her, shall re
main her separate property, and not
be liable for tiie debts of her husband.
Section XII. Paragraph 1. All
life insurance companies now doing
business iu this state, or which may
llesire to establish agencies anddobus
iness in the state of Georgia, charter
ed by other states of tlie union, or for
eign states, shall show that they have
deposited with the comptroller gener
al of the state in which they ate char
tered or of this state, the insurance
•commissioner, or such other officer as
may he authorized to receive it, not
[loss than one hundred thousand dol
lars, in such securities as may be
deemed by such officer equivalent to
cash, subject to his order, as u guaran
tee fund for the security of poliey hol
ders.
Par. 2. When such showing is made
to the comptroller general of the state
of Georgia by a proper certificate from
tlie state official having charge of the
fund, so deposited, the comptroller
general of the state of Georgia is au
thorized to issue to the company ma
king such showing, a license to do
business in the state, upon paying the
fees required by law’.
Par. 3. All insurance companies
chartered by the state of "Georgia, or
which may herefater lx* chartered by
the state shall, before doing business,
deposit with the comptroller general
of the state of Georgia, or with some
strong corporation, which may heap
proved by said comptroller general,
one feindred thousand dollars, in such
securities as may be deemed by him
equivalent to cash, to be subject to his
order, as a guaiantee fund for the se
curity of the policy-holders of the
company makiugsuch deposit, all in
terest and dividends arising from
such securities to be paid, when due,
to the company so depositing. Any
such seevrities as may lie needed or
desired by the company may Lie taken
from said department at a..y time by
replacing them with other securities
equally acceptable to the comptroller
general, whose certificate for the same
shall be furnished to the company.
Par. 4. The general assembly shall,
fom time to time enact laws to compel
all lire in&uraiiee companies, doing
business in this state, whether char
tered by tins state, or otherwise, to
deposit reasonable securities with the
treasurer of this state, to secure the
people against loss t*v the operations
of said companies.
*•* T4*v KvA*a4i **"*'‘Mitiy AI44U
compel all Insurance enmpani -
this state, or doing business therein.
under proper penalties, to make semi
annual fejiorts to the governor, and
print the same *t their ow n exjieir-c.
for (lie information and protect loti of
the people.
.ARTICLE I v I*oU Kit <0 THE liENEIt
AE ASSK.MBLV OVEK, TAXATION
-'Section 1. Paragraph 1. The right
of taxation is sovereign right—iiia
licnablc, indestructible— is the life of
the state, and rightfully bplongH to
the jieoulc in all republican govern
ments, ami neither the general assem
bly, nor ally nor all other departments
of the government established bv this
constitution, shall ever have the au
thority to irrt*v< ctihly give, grant,
Utuit, or restrain lids right ; ami ail
laws,'grunt*, contract.-, sin! all other
acts, whatsoever, by sanl government,
or any department thereof, to effect
any >t these purposes, shall In*, and are
Ugly by, declared to be mill and void,
for every purpose whatsoever; ami
said right of taxation shall always be
under the complete control of, amt re
vocable by, tile slate, notwithstan
ding any gift, grant, of contract, what
soever, by the general assembly.
Si-xtton 11. Paragraph 1. The pow -
er ami uuthorit v of regulating railroad
freight and passenger tariffs, prevent
iun unjust discrimination-, and requ
ti lng mi reasonable and unjust rates of
freight and passenger tariffs, arc here
by eonfcritsl upon the general
hiy, w hose duty it shall he to pass
laws, from time to time, to regulate
freight uml passenger tariffs, to pro
hibit unjust discriminations on the
various railroads of this state, and to
prohibit .-aid load- from charging oili
er than just and reasonable rates, and
enforce tin* same by adequate penal
ties.
Par. 2. The exercise ofthe right of
eminent domain shall never heahridg
ed, nor so constructed as to prevent tin*
general assembly from taking the
property and franchises of jneorpor t*
led companies, and subjecting them
to public list*, the same sis the proper
t) of individuals ; and the exercise of
the police power of the state shall ne\
er Ik* abridged, nor so constructed, as
to permit corporations toeomiuc! their
business in such maiinerns to infriium
the equal rights of individuals,or th>-
general well being of the state.
Par. 3. The general assembly shall
not remit the forfeiture ofthe charter
of any corporation, now existing, nor
alter or amend the same, lior pass any
other general or special law’, for the
benefit of said corporation, except up
on the condition that such corporation
shall thereafter hold its charter subject
to the provisions of this constitution ;
and every amendment of any charter
of any corporation in this stale, or any
special law for its benefit, accepted
thereby, shall operate as a novation of
said charter and shall bring tin*
same under the provisions of this con
stitution • Provided, that this sect ion
shall not extern) to any amendment
for the purpose of allowing any exist
ing road to t-nke stock or aid in the
builing of any branch road.
Par. 4. The general assembly of this
state shall have no j tower to author
ize any eorpioratioii to buy shares,
or stock, in any other corporation in
this state, or elsewhere, or to make
any contract, or agreement whatever,
with any such corporation, which
may have the effect, or he intended to
have the effect, to defeat or lessen
com potion, or to eucourags monopoly ;
ami all such contracts and agreements
shall bo Illegal and void.
Par. 6. No railroad company shall
give, or pay, any rebate, or bonus in
the nature thereof, directly or indi
reetly, or do any act to mislead or de
ceive the public as to real rates charg
ed or received for freights or passage
and any such payments shall he ille
gal and void, and these prohibitions
shall be enforced by suitable penal
ties.
Par, 0. no provision of this article*
shall he deemed, held or taken to
impair the obligation of any contract
heretoro made by the state of (teorgia.
Par. 7. The general assembly shall
enforce the provisions of this article
by appropriate legislation.
ARTICLE V— EXECUTVF. DEPARTMENT.
Section I. Paragraph 1. The offi
cers of the executive department shall
consist of a governor, secretary of stale,
comptroller general and treasurer.
Par. 2. The executive power shall
be vested in a governor, who shall
hold liis office duriug the term of two
years, and until his successor shall Ik*
chosen and qualified. He shall not
l>e eligible to reelection, after the ex pi
ration of a second term, for the period
of four years. He shall have a salary
of three thousand dollars per annum,
(until otherwise provided lya law
by a two-thirds vote, of both branches
of the general assembly) which shall
not be increased or diminished during
the period for which he shall have
been elected; nor shall he receive
within that time, any other emolu
ment from the United States, or either
of them, or from any foreign pow er.
Put this reduction of salary shall
not apbly to the present term of the
present governor*
Par. 3. The first election for govern
or, under this constitution, shall be
held on the fisrt Wednesday in Octo
ber, 1780. and the governor-elect shall
be installed in office at the next ses
sion of the general assembly. An elec
tion shall take place biennially there
after, on said day, until another date
be fixed by the general assembly.
Said election shall be held at the pla
ces of bidding general elections in tie*
several counties of this state, in the
manner prescribed for tire election of
members ofthe general assembly, aid
the electors shall be the same.
Par. 4. The returns for every elec
tion of governor shall lie sent up by
the managers, separately from other
returns, 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 returns, cause
the same to be laid before the senate
on the day after the two houses shall
have been organized, and they shail
be transmitted 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, and
the president of the senate and the
speaker of the house of representa
tives, shall open and publish the re*
turns in the presence and under the
direction of the general assembly; and
the person having the majority of tin*
whole number of votes shall lx* de
clared duly elected governor of this
state ; but, if no shall have such
majority, then from the two persons
having the highest number of votes,
who shall be in life, and shall not tit -
dine an election at the time appoint
ed for the general assembly to elect,
the general assembly shail, iuimedir
ately, elect a governor vlve voea, and
in all eases of election of a governor
by the general assembly a majority of
ti e members present shall he neoessa
to a choice.
Par. <J. Contested elections shall be
determined by both houses of tin
general assembly in such manner n
sluill be preSCfilxd bylaw.
Par. 7. No person shall le eligible
to the office of governor who shall not
have been a citizen ofthe United
States fifteen years amt a citizen ofthe
state six years, and who shall not
have attained the age of thirty years.
Par. H. 11l case of the death, n-ig
continuttt an uh pug*-.
NO 37.