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| CONSTITUTION OF 1877: Ol TtOMi: OF THE I.A --“ l!i>IIS OF THE *OV v!:vno\. liillTe'i | lM 4 i, t rnHj CompMe* with Hie Olllclnl opy. ll | |„ () 1-' lifl* 1 ITS. bream ink. 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.