Newspaper Page Text
rRIDAY, JUNE 22, 1945,
-
A Proclamation
aybmitting a proposed amend
ment to the Constitution of Georgia
of 1877 revising the said Constitu
tion. Such propozed amendment to
be voted on at the General Election
to be held on Tuesday, August 7,
945
A By His Excellehey,
ELLIS ARNALL, Governot
State of Georgia,
¢ Fxecutive Department
* May 1, 1945
WHEREAS, by the votes of two
thirds of the members elected to
each of the two Houses, the General
Assembly at its 1945 session pro
posed an amendment to the Consti.
tution of this State as set forth in
s Resolution approved March 9,
1945, to-wit: ° b
H. R. No. 11 — Gov. No. 34
A RESOLUTION
Proposing (as one single amend
ment) to amend the Constitution of
the State of Georgia of 1877 and all
amendments thereof, by striking in
their entirety Article I (Bill of
Rights), Article IT (Elective Fran
chize), Article TII (Legislative De
partment), Article IV (Power of
the General Assentbly Over Taxa
tion), Article V (Executive Depart
ment), Article VI (Judiciary), Ar
ticle VII (Finance, Taxation, and
Public Debt), Article VIII (Eduea
tion), Article IX (Homesteads and
Exemptions), Article X (Militia),
Article XI (Counties and County
Officers), Article XII (The Laws of
General Operation in Force in This
' State). Article XIII (Amendments
' to the Constitution), and by insert
ing in lieu thereof, after the Pre.
amble of the Constitution .ef~the
State of Georgia of 1877, new Arti
cles as follaws: Avrticle I (Bill of
Rights), Article IT (Elective Fran
chise), Article IIT (Legislative De
partment), Article IV (Public Util
ities, Eminent Domain, Police Pow..
er, Insurance Companies, Contracts,
etc.), Article Va(Elective Depart
ment), Article VI (Judiciary), Ar
ticle VII (Finance, Taxation and
Public Debt), Article VIII (Educa
tion), Article IX (Homesteads and
Exemptions),- Article ‘X (Militia),
Article XI (Counties and Muni
cipal Corporations), Article XII
(The Laws of General Operation
in Force in This State), Article
XIIT (Amendments to the Constitu
tion). Article XIV (Merit System),
and Artiele XV (Home Rule); and
to provide for the submission of
the Amendment so proposed as one
Amendment to the qualified voters
of the State of Georgia for ratifica
tion or rejection at the General ‘
Election to be held in August, 1945,
WHEREAS, the purpose of this
single amendment iz to coordinate
the proposed substantial prineiples
of organic law into one subject mat
ter of the Constitution; it being
impracticable otherwise than in ane
subject matter and one amendment
to perfect the rearrangement
sought; and to render unnecessary
the evil consequences of a portion
by portion adoption or rejection
which would in case of adoption of
some portions and I'ejecmqi_.qt}l,.
ers result in a Constitution lacking
correlation, .
NOW THEREFORE, BE IT RE
SOLVED BY THE GENERAL AS
SEMBLY OF GEORGIA:
Section One e Ay
That the Constitution of the
State of Georgia of 1877 and all
Amendments thereof appearing aft
er the Preamble, be and it is, here
by proposed to be amended as one.
single amendment by striking
therefrom in their entirety Article
I (Bill of Rights), Article II (Elec.
tive Franchise), Article 111 (Legis
lative Department), Article IV
(Power of the General Assembly
over Taxation), Article V (Exec
utive Department), Article VI (Ju
diciary), Article VII (Finance,
Taxation, and Public Debt), Arti
cle VIII (deation). Artiele IX
(Homesteads dhd Exemptions), Ar
ticle X (Militia), Article XI (Coun
ties and County Officersy, Article
XIT (The Laws of ‘General Opera
tion in Force in This State), Arti
cle XIIT (Amendments to the Con
stitution), and inserting in lieu
thereof new Articles Numbers 1
through XV inclusive, so that when »
so amended, the Constitutign of the
S!ate of Georgia of 1877 shall read,
beginning with the Preamble, as
follows:
PREAMBLE
To perpetuate the principles of
free government, insure justice to
all. preserve peace, promote the in
terest and happiness of the citizen,
and transmit to posterity the en-
Joyment of liberty, we, the people
of Georgia, relying upon the pro
tection and guidahce of Almighty
God, do ordain and establish this
Constitution,
ARTICLE 1.
Bill of Rights.
Seetion 1.
Faragraph I, Origin and founda
tion of government. All govern.
ment, of right, originates with the
veople, is founded upon their will
only, and is instituted solely for
the good of the whole. Public offi
cers are the trustees agd servants
of the people, and at all times,
amenable to them.
Paragraph 11. Protection -the
duty of government. Protection to
Person and property. is the para
mount duty of government, and
shall be impartial and complete.
Paragraph 111. Life, liberty, and”
Property. No person shall be de
prived of life, liberty, or property,
except by dife mess of law.
Paragraph TV. Right to the
courts. No person shall be degrived
of the right to prosecute or defend
his own cause in any of the courts
of this State, in person, by attor
ney, or both. . o ;
Paragraph V. Benefit of counsel;
accusation: list es witnesses:; com
bulsory process: trial by jury. Ev-
ErY person charged with an offense
2gainst’the laws of this State shall
have the privilege and benefit of
‘ounsel; shall be furnighed, on de
mand, with a copy of the accusa
fion, and a list of the witnesses on
. . Buy That Extra SIOO War Bond Today . .
whose testimony the charge against
him is founded; shall have compul
sory process to obtain the festi
mony of his own witnesses; shall
be confronted with the witnesses
testifying against him; and shall
have a public and speedy trial by
an impartial jury.
Paragraph VI. ® Crimination of
self not compelled. No person shall
be compelled to give testimony
tending in any manner to criminate
himself.
Paragraph VII. Banishment and
whipping as punishment for crime.
Neither banishment beyond the
limits of the State, nor whipping,
as a punishment for crime, shall
be allowed.
Paragraph VIII. Jeopardy of life
or liberty more than once forbid
den. No person shall be put in
jeopardy of life, or liberty, more
than once for the same offense,
save on his, or her own motion for
a new trjal after conviction, or in
case of mistrial.
Paragraph IX. Bail, fines, pun
ishment; arrest, abuse of prison
ers. Excessive bail shall not be re
quired, nor excessive fines imposed,
nor cruei and unusual punishments
inflicted; nor shall any person be
abused in being arrested, while un
der arrest, or in-prison.
Paragraph X. Costs. No person
shall be compelled to pay costs ex.
cept affer conviction on final trial.
Paragraph XI. Habeas corpus.
The writ of Habeas Corpus shall
not be suspended. -
Paragraph XII. Freedom of con
science. All men have the natural
and ‘inalienable right to worship
God, cach according to the dictates
of his own conscience, and no hu
man_authority should, in any case,
contgl or interfere with such right
of conscience. : .
Paragraph XIII. Religious opin
ions; liberty of conscience. No in
habitant of this State shall be mo
lested in person or property, or pro
hibited from holding any public
office, or trust, on account of his
religious opinions; but the right of
liberty of conscience shall not be
so construed as to excuse acts of
licentiousness, or justify practices
inconsistent with .the peace and
safety of the State.
Paragraph XIV. Appropriations
to churches, sects, ete., forbidden.
No money shall ever be taken from
the public Treasury, directly or in
directly, in aid of any church, sect,
or denomination of religionists, or
of any sectarian- institution.
Paragraph XV, Liberty of speech
or of the press guaranteed. No law
shall ever be passed to curtail, or
restrain the liberty of speech, or
of the press; any person may-speak,
write and publish his sentiments,
on all subjects, being responsible
for the abuse of that liberty.
Paragraph XVI. Searches, seiz
ures, and warrants. The right of
the people to be secure in their per
sons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated; and
no warrant shall issue except upon
probable cause, supported by oath,
or affirmation, particularly de
sceribing the place, or places, to be
searched, and the persons or things
to be seized. “ » e
Paragraph XVII. Slavery and in
voluntary servitude. There shall be
within the State of Georgia neither
siavery nor involuntary servitude,
save as a punishment for crime
after legal -conviction thereof.
Paragraph XVIII, Status of the
citizen. The social status of the citi
zen shall never be the subject of
legislation.
Paragraph XIX. Civil anthority
superior to military. The civil au
thority shall be superior to the mil
itary, and no soldier shall, in time
of peace, be quartered in any house,
without the consent of the owner,
nor in time of war, except by the
civil magistrate, in such manner as
may be provided by law.
Paragraph XX. Contempts. The
power of the Courts to punish for
contempt shall be limited by legis
mtiyasetss ¢ 0 §
Paragraph XXI. Imprisonment
for debt. There shall be no im
prisonment for debt.
Paragraph XXII. Arms, right to
keep and bear. The right of the
people to keep and bear arms, shall
not be infringed, but the General
Assembly shall have power to pre
scribe the manner in which arms
may be borne.
Paragraph XXIII. Legislative,
judicial, and evecutive powers, sep
arate. The legislative, judicial and
executive powers shall forever re
main separate and distinct, and no
person discharging the duties of
one, shall, at the same time, eXer
cise the functions of either of the
others, except as herein prévided.
Paragraph XXIV. Right to as
semble and petition. The people
have the right to assemble peace
ably for their common good and to
apply to those vested with the pow
era of government for redress of
grievances by petition or remon
strance.
Paragraph XXV. Citizens, pro
tection of. All citizens of the Unit
ed States, resident in this State,
are hereby declared citizens of this
State, and it shall be the duty of’
the General Assembly to enact such
laws as will protect them in the
full enjoyment of the rights, privi
leges and immunities due to such
eitizenship.
Section 1L
Paragraph I. Libel; jury in erim
inal cases: new trials. In all prose- |
eutions or indictments for libel the
truth may be given in evidence; and
the jury in all eriminal cases. shall
be the judges of the law and the
facts. The power of the judges to
grant new trials, in case of convie.
tion, is preserved. l
Paragraph 11. Treason. Treason
against the State of Georgia, shall I
consist in levying war against her;
adhering to her enemjes: giving
them aid and eomfort. No person
shall be convicted of treason, ex
cept on the testimiony of two wit
nesses to the same overt act, or
confession in open court.
Paragraph 111. Conviction, effect
of. No conviction shall work cor
ruption of blood, or forfeiture of
estate,
Paragraph IV, Lotteries. All lot
teries, and the sale of lottery tic
kets; are hereby prahibited; and
this prohibition &hall be enforced
by penal laws. g
Paragraph V. Lobbying; penal
ties. Lobbying iz declared to be a
crime, and the General Assembly
shall enforce this provision by suit
able penalties.
Paragraph VI. Fraud; conceal
ment of property. The General As
sembly shall have the power to pro
vide for the punishment of fraud;
and, shall provide by law, for
reaching property of the debtor
concealed from the creditor.
n I '
Paragrm ways; just
compengation. In case of necessity,
pfi% ways may be granted upon
jugs compensation being first paid
%he applicant. Private property
shall not be taken, or damaged, for
public purposes, without just and
adequate compensation being first
paid.
Paragraph 11. Attainder; ex post
facto and retroactive laws, etc. No
bill of attainder, ex post facto law,
retroactive law, qr law impairing
the obligation of contracts. or mak
ing irrevocable grant of special
privileges or immunities, shall be
passed.
Paragraph TII. Revocation of tax
exemptions. All.exemptions from
taxation heretofore granted in cor
porate charters are declared to be
henceforth null and void. °
Section IV,
Paragraph I. General laws: uni
form operation; how varied. Laws
of a general nature shall have uni
form operation throughout the
State, and no special law shall be
enacted in any case for which pro
vision has been made by an exist.
ing general law. No general law
affecting private rights, shall be
varied in any particular case, by
special legislation, except with the
free consent, in writing, of all per
sons to be affected thereby; and no
person under legal disability to con
tract, is capable of such consent.
Paragraph 11. What acts void.
Legislative acts in violation of this
Constitution, of the Constitution
of the United States, are void, and
the Judiciary shall so declare them.
Section V.
Paragraph I. State rights. The
people of this State have the in
herent, sole and exclusive right of
regulating their internal govern
ment, and the police thereof, and
of altering and abolishing their
Constitution whenever “it may +be,
necessary to their safety and hap
piness.
Paragraph 11. Enumeration of
rights not denial of others. The
enumeration of rights herein con
tained as a part of this Constitu
tion shall not be construed to deny
to the people any inherent rights
which they may have hitherto en-
Jjoyed.
Section VI. .
Paragraph 1. Tidewater titles:
confirmed. The Act of the General
Assembly approved December 6,
1902, which extends the' fitle of
ownership of lands abutting on
tidal water to low water mark is
hereby ratified and confirmed.
ARTICLE 11,
Elective Franchise. v
Section I.
Paragraph 1. Elections by bhallot:
registration of voters. Elections by
the people shall be by ballot, and
only those persons shall be allowed
to vote who have been first regis
tered in accordance with the re
quirements of law. E
Paragraph 11. Who shall be “an
elector entitled to register and vote.
Every citizen of this State who s
a citizen of the United States,’
eighteen years old or upwards, not
laboring under any of the disabili
ties named in this Article, and pos
sessing the qualifications provided
by it, shall be an elector and en
titled to register and vote at any
election by the people: Provided,
that no soldier, sailor or marine
in the military or naval services of
the United States shall acquire the
rights of an elector by rerson of
being stationed on duty in this
State. el i i |
Paragraph 111. Who entitled to
register and vote. To entitle a per
son to register and vote at any
election by the people, he shall
have resided in the State one year
next preceding the election. and in
the county in which he offers to
- vote six months next preceding the
eleation.
" Paragraph IV. Qualifications of
electors. Every citizen of this State
shall be entitled to register as an
elector, and to vote in all elections
in said State, who is not disquali
fied under the provisions of Sec
tion Il ‘of Article IT of this Con
stitution, and who possesses the
qualifications prescribed in Para
graphs II and 111 of this Section
or who will possess .them at the
date of the election occurring next
after his registration, and who in
addition thereto comes within
either of the classes provided for
in the two following subdivisions
of this paragraph.
_¢l. All persons who are of good
character and understand the du
ties and obligations of citizenship
under a republican form of govern
ment; or, 2
2, All persons who can correctly
read in the English language any
paragraph of the Constitution of
the United States or of this State
and corrzetly write the same in
the English language when read to
them by any one of the registrars,
and all persons who solely because
of physical disability are unable to
comply with the above require
ments but who can understand and
give a reasonable interpretation
of any paragraph of the Constitu
tion of the United States or of this
State that may be read to them
by any one of the registrars.
Paragraph V. Appeal from deci
sien of registrars. Any person to
whom the right of registration is
denied by the registrars upon the
T THE BANNER.HERALD, ATHENS, GEORGIA
ground that he lacks the qualifica
tions set forth in the two subdi
visions of Paragraph IV shall have
the right to take an appeal, and
any citizen may enter an appeal
from the decision of the registrars
allowing any person to register
under said subdivisions. All ap
peals must be filed in writing with
the registrars within ten days from
the date of the decision complained
of, and shall be returned by the
registrars to the office of the elerk
of the superior court to be tried
as other appeals.
Paragraph VI. Judgment of force
pending appeal. Pending an appeal
and until the final decision of the
case, the judgment of the regis
trars shall remain in full force.
Section il.
Paragraph I. Registration of elec
tors; who disfranchised. The Gen
eral Assembly may provide, from
time to time, for the registration
of all electors, but the following
classes of persons shall not be per
mitted to register, vote or hold any
office, or appointment of honor, or
trust in this State, to.wit: Ist.
Those who shall have been convict
ed in any court of competent juris
diction of treason against the State,
of embezzlement of public funds,
malfeasance in office, bribery or
larceny, or of any crime involving
moral turpitude, punishable by_the
laws of this State with §mprison
ment in the penitentiary, unless
such persons shall have been par
doned. 2nd. Idiots and insane per
sons. .
Section 111,
_Paragraph 1. Privilege of elec
tors from arrest. FElectors shall,
in all cases, except for treason,
felony, larceny, and breach of the
peace, he privileged from arrest
during their attendance. on - elec
tions, and in going to and return
ing from the same.
; Section IV,
Paragraph I. Holder of public
funds. No person who is the holder
of any public money, contrary to
law, shall be eligible to any office
in this State until the same is ac
counted for and paid inte the
Treasury, .« : . .=
Paragraph I. Sale of liguors on
election days. The General Assem
bly shall by law forbid the sale of
intoxicating drinks in this State
or any political subdivision thereof
on all days for the holding of any
election in the area in which such
election is held and prescribe pun
ishment for any violation of the
same.
| i Section VI.
Paragraph I. Returns made to
whom. Returns of elections for all
civil officers elected by the people,
who are to be comm¥ssioned by the
Governor, and also for members of
the General Assembly, shall be
made to the Secretary of State,
unless otherwise provided by law.
gy ARTICLE TII.
Legislative Department.
Section 1.
Paragraph 1. Power vested in
' General Assembly., The legislative
power of the State shall be vested
in a General Assembly which shall
“consist of a Senate and Hoiise of
Representatives.
Section 11.
Paragraph I. Number of senators
and senatorial districts. The Senate
shall consist of not more than
| fifty-four members and there shall
be not more than fifty-four Sena
}toria! ‘Districts with one Senator
from each District as now consti.
tuted, or as hereafter created. The
ivaridus Senatorial Districts shall
be comprised of the counties as now
provided, and the General Assem
bly shall have authority to create,
rearrange and change these Dis
tricts within, the limitation herein
stated.
Section I,
Paragraph I. Number of repre
sentatives. The House of Repre
sentatives shall consist of repre
sentatives apportioned among the
several counties of the State as
follows: To the eight counties hav
ing the largest population, three
representatives each; to the thirty
counties having the next largest
population, two representatives
each; and to the remaining coun
ties, one representative each.
Paragraph 11. Apportionment
changed, how. The above appor
tionment shall be changed by the
General Assembly at its first ses
sion after each census taken by the
United States Government in ac
cordance with the provisions of
e%@graph I of Section 111 of this
article. 2
Section IV.
Paragraph I. Term of members.
The members of the General As
semhly. shall be elected for two
vears, and shall serve until the
time fixed by law for the conven
ing of the next General ‘Assembly.
Paragraph 11. Election, when.
The first election for members of
the General Assembly, under this
Constitution shall take place on
Tuesday after the first Monday in }
November, 1946, and subsequent
elections biennially, on that day,
until the day of election is changed
by law. ’ i
Paragraph 111. Meeting of the
General Assembly. The General
Assembly shall meet in regular ses
sion on the second Monday in
January 1947, and biennially there
after on the same day until the
date shall be changed by law. By
concurrent resolution, adopted by
a majority of members elected to
both Houses, the General Assembly
may adjourn any regular session to
such later date as it may fix for
reconvening in regular session, but
shall remain in regular session no
longer than seventy (70) days, in
the aggregate, during the termgfor
which the members were elected.
If it shall adjourn the first regular
gession beforesthe expiration of
seventy (70) days without fixing a
date for reconvening, the General
Assembly shall reconvene in reg.
ular session on the second Monday
in January of the next year unless
it xhall have adjourned sine die. All
business pending in the Senate or ]
Section V.
House at the adjournment of any'
regular session may be considered
at any later regular session of the
same General Assembly'as if there
had been no adjournment. Nothing
herein shall be construed to effect
the power of the Governor to con
voke the General Assembly in ex
traordinary session, or the duty of
the Governor to convene the Gen
eral Assembly in extraordinary
gession upon the certificate of
three-fifths of the members elected
to the Senate and the House of
Representatives, as provided in Ar
ticle V, Section I, Paragraph XII
of this Constitution. If an impeach
ment trial iz pending at the end
of any regular or extraordinary
session, the Senate may continue
in session until sugh trial is com
pleted. The provisions of Para
graph 111, Section 1V of Article 111
of the Constitution which this Con
stitution supersedes which apply to
the meetings of the General As
gemblv shall continue in force un
til Ezhe gecond Monday in January,
1947, .
Paragraph IV. Quorum. A ma
jority of each House shall consti
tute a quorum to transact business;
but a smaller number may adjourn
from day to day and compel the
presence of its ahsent members, as
each house may provide. i
Paragraph V. Oath of members.
Each Senator and Representative,
before taking his seat, shall take
the following oath, or affirmation,
to-wit: “I will support the Consti.
tution of this State and of the
United States, and on all questions
and measures which may come be
fore me, I will so conduct myself,
as will, in my judgment, be most
conducive to the interests and pros
perity of this State.”
Paragraph VI. Eligibility; ap
pointments forbidden. No person
holding a military commission, or
other appointmeunt, or office, hav
g any emolument, or compensa
tion annexed thereto, under his
State, or the United States, or
either of them except Justices of
the Peace and officers of the mili
tia, nor any defaulter for public
money, or for any legal taxes re
quired of him shall have a seat in’
either house; nor ghall any Senator, .
or Representative, after his quali-'
fication as such, be elected by the,
General Assembly, or appointed by
the Governor, either with or with
out the advice and consent of the
Senate, to any office or appoint
ment having any emolument an
nexed thereto, during the time for
which he shall have been elected,
unless he shall first resign his seat,
provided, however, that during the
teriy for which he was elected no
Senator or Representative shall be
appointed to any civil office which
ha. been created during such term.
Paragraph VII. Removal from
district or county, effect of. 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. Qualifications of
Senators. The Senators shall be
citizens of the United States, who
have attained the age of twenty
five years, and who shall have been
citizens of this State for four
years, and for one year residents of
the district from which elected.
Paragraph 11. President. The pre
siding officer of the Senate shall
be styled the President of the Sen
ate. A "President JPro Tempore
shall be elected viva voce from the
Senators and shall act in case of
the death, resignation or disability
of the President, or in the event of
his succession to the executive
power: ;
Paragraph “111. Impeachments.
The Senate shall have the sole
power to fry impeachments.
Paragraph IV. Trial of impeach
ments. When sitting for that pur
pose, the members shall be on oath,
or affirmation, and shall be pre
sided over by the Chief Justice or
the Presiding Justice of the Su
preme Court, Should the Chief
Justice be disqualified, the Senate
shall select a Justice of the Su
preme Court to preside. No person
shall be convicted without the con
currence of two-thirds of the mem
bers present. ‘
. Paragraph V, Judgments in im
peachments. Judgments, in cases
of impeachment, shall not extend
further than removal from office,
and disqualification to hold and en
joy any office of honor, trust, or
profit, within this State; but the
party convicted shall nevertheless,
be liable, and subject, to indict
ment, trial judgment, and punish
ment, according to law,
Section VI.
Paragraph I. Qualifications of
representatives. The Representa
tives shall be citizens of the United
States who have attained, the age
of twenty-one years, and who shall
have been citizens of this State for
two years, and for one year resi.
dents of the counties from which
elected. i
Paragraph 11. Speaker. The pre
siding officer of the House of Rep-,
resentatives shall be styled the
Speaker of the House of Represen
tatives, and shall be elected viva
voce from the body.
Paragraph 111. Power to im
peach. The House of Representa
tives shall have the sole power to
vote impeachment charges against
all persons who-shall have been or 1
may be in office.
. Section VIIL :
~ Paragraph 1. Election, returns, |
ete.; disorderly econduct. Each
House shall be the judge of the
election, returns, and qualifications
of its members and shall have pow
er to punish them for disorderly
behavior, or misconduct, by censure,
fine, imprisonment,” or expulsion; |
but no member shall be expelled,
except by a vote of two-thirds of
the House to which he belongs.
Paragraph 11. Contempts, how'
punished. Each House may punish '
by imprisonment, not extending be- |
yond ude session, any person, not!
a member, who shall he guilty Ofi
a contempt, by any disorderly be- ,
W e
havior in its prezence, or who ghall
rescue, or attempt to rescue, any
person arrested by order of either
House. e v
Paragraph 111. Privilege of mem
bers. The members of both Housea
shall be free from arrest during
their attendance on the General
Assembly, and in going thereto, or
returning therefrom, except for
treason, felony, larceny, or breach
of the peace; and no member shall
be liable to answer in any other
place for anything spoken in debate
in either House.
Paragraph IV. Journalls and acts.
Each House shall keep a journal of
its proceedings, and publish it im
mediately after its adjournment.
The General Assembly shall pro
vide for the publication of the laws
pdassed by each session.
Paragraph V. Where journals
kept. The original journal shall be
preserved after publication, in the
office of the Secretary of State,
but there shall' be no other record
thereof.
Paragraph VI. Yeas and nays,
when taken. The yeas and nays on
any question shall, at the desire of
one-fifth of the members present,
be entered on the Journal.
Paragraph VII. Bills to be read.
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, but the first and
second reading of each local bill,
shall consist of the reading of the
title only, unless said bill is or
dered to be engrossed. X
Paragraph VIIL. One subject mat.
ter expressed. No law shall pass
which refers to more than one sub
ject matter, or contains matter dif
ferent from what is expressed in
the title thereof. s
Paragraph IX. General appro
priation bili. The General appro
priation bill shall embrace nothing
except appropriation fixed by pre
vious laws, the ordinary expenses
of the Executive, Legislative and
Judicial Departments of the Gov
ernment, payment of the publie
debt and interest thereon, and for
support of the public institutions
and educational interests of the
State. = All other appropriations
shall be made by separate bills,
each embracing but one subject.
Paragraph X. Bills for revenue,
All bills for rajsing revenue, or
‘appropriating money, shall origi
nate in the House of Representa
tives, but the Senate may propose,
or concur in amendments, as in
other bills.
Paragraph XI, Public money, how
dfawn. No money shall be drawn
from the Treasury except by ap
| propriation made by law.
Paragraph XII, Bills appropriat
l ing money. No bill or resolution
I appropriating money shall become
| @ law unless, upon its-passage, the
} yeas and nays, in each house, are
recorded.
Paragraph XIII. Acts signed; re
jected bills, All acts shall be signed
by the President of the Senate and
the Speaker of the House of Rep
resentatives, and no bill or reso
lution, intended to have the effect
of a law, which shall have been
rejected 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 rejected. :
Paragraph XIV. Majority of
members to pass hill. No bill shall
become a law unless it shall receive
a majorjty of the votes of all the
members elected to each House of
the General Assembly, and it shall,
, in every instance, so appear on the
Journal.
Paragraph XV, Notice of inten
tion to ask local legislation neces
sary. No local or special bill shall
be passed, unless notice of the in
tention to apply therefor shall have
been published in the newspaper in
which the Sheriff’s advertisements
for the locality affected are pub
lished, once a week for three weeks
during a period of sixty days im
mediately preceding its introduc
tion into the General Assembly.
No local or special bill shall become
law unless there is attached to and
made a part of said bill a copy of
said notice certified by the pub
i lisher, or accompanied by an af
i fidavit of the author, to the effect
’ that said notice has been published '
as provided by law. No office to
| which a pérson has. been elected
shall be abolished, nor the term of
the office shortened or lengthened
by local or special bill during the |
term for which such person was
elected unless,the same be approv- l
ed by the people of the jurisdiction
affected in a referendum on the
] question. Where any local law shall
add any member or members to any
l municipal or county governing au- l
thority, the members of which are |
{ elected by the people, such locall
| law.must provide that the member
or members so added must be elect- |
ed by a majority vote of the quali- |
fied voters of the political subdi<
, vision affected. . ,
l Paragraph XVI. Statutes and
sections of code, how amended. No
! law, or section of the code, shall
be amended or repealed by mere
reference to its title, or to the num.
ber of the section of the Code, but
the amending, or repealing act,
shall distinctly describe the law to
be amended or repealed, as well as
the alteration to be made.
Paragraph XVII. Corporate pow
ers, how granted. The General As
sembly ,shall\ have no power to
grant corporate powers and privi-
Jleges to private companies, to make
or change election precinéts, nor to
establish bridges or ferries, nor to
change names of legitimate chil
dren; but it shall prescribe by law
the manner in which such powers
shall be exercised by the courts;
It may confer this authority to
grant corporate powers and privi
leges to private companies to the
judges of the superior courts of
this State in vacation. All corpor
ate powers and privileges to bank
ing, trust, insurance, railroad, ca
nal, navigation, express and tele
graph c‘)mpanies shall be issued
and granted by the Secretary of
State in such manner as shall be
prescribed by law; and if in any
event the Seeretary of State should
be disqualified to act in any case,
then in that event the legislature
shall provide by general laws by
what person -uch charter shall be
granted.
Paragraph XVIII. Recognizances.
The General .Assembly shall
have no power to relieve principals
or securities upon forfeited recog
nizances, from.the payment there
of, either before or after judgment
thereon, unless the principal in the
recognizance shall have been ap
prehended and placed in the cus
tody of the proper officers.
Paragraph XIX. Yeas and nays
to be entered, when. Whenever the
Constitution requires a vote ofl
two-thirds of either or both houses
for the passage of an act or reso
lution, the yeas and nays on the
passage thereof shall be entered on
the Journal.
Paragraph XX. Powers of the
General Assembly. The General
Assembly shall have the power to
make all laws consistent with this
Constitution, and not repugnant to
the Constitution of the United
States, which they shall deem nec
essary and proper for the welfare
of the State.
Paragraph XXI. Signature of
Governor. %o provision in this Con
stitution for a two-thirds vote of
both houses of the General Assem
bly shall he construed to waive the
necessity for the signature of the
Governor as in any other case, ex
cept in the case of the two-thirds
vote required to override the veto,
to submit constitutional amend
ments, and in case of prolongation
glf a session of the General Assem- .
y.
Paragraph XXII. Adjournments.
Neither House shall adjourn for
more than three days, or to any
other place, without the consent of
the other, and in case of disagree
ment between the two Houses, on
a question of adjournment, the
Governor may adjourn either, or
both of them. '
Paragraph XXIilIl. Zoning and |
planning laws. The General Assem- |
bly of the State shall have author
ity to grant the governing author
ities of the municipalities and coun
ties authority to pass zoning and i
planing laws whereby such cities
or counties may be zoned or dis
tricted for various uses and other
or different uses prohibited there
in, and regulating the use for which
said zones or districts may be set
apart, and regulating the plans for
development and improvements on
real estate therein. :
Paragraph XXIV, Civil service
— equal preference to veterans.
Neither the State of Georgia, nor
any political subdivision thereof,
shall inaugurate or maintain any
civil service scheme of any nature
whatever which fails to provide
for honorably discharged veterans
of any war, and *he said State of
Georgia, or any political subdivi
sion shall, if a civil service scheme
is originated or is already in force,
provide equal preferences accord
ing to such veterans as now. exist
under Federal Civil Service Laws.
Paragraph XXV. Stre'et Rail
ways. The General Assembly shall
not authorize the construction of
any street passenger railway, with
in the limits of any incorporate‘i
town or city, without the consent of
the Corporate Authorities.
Section VIIIL.
« Paragraph 1. Officers of the two
houses. The officers of the two
| houses, other than the President of
' the Senate and Speaker of the
lHouse, shall he a President Pro
Tempore and Secretary of the Sen
ate and Speaker Pro Tempore and
' Clerk of the House of Representa
| tives, and such assistants as each
[House may provide for. -
Section IX.
. Paragraph 1. Compensation, ex
pense and mileage. The per diem
of members of the General Assem
bly shall be SIO.OO per day plus the’
additional sum of $5.00 per day for
maintenance expense; and the mile
age shalf*not exceed 10 cents for
each milé traveled by the nearest
practical route in going to and re
turning from the Capitol; but the
President Pro Tempore of the Sen-'
ate, when serving as presiding of
ficer thereof, and the Speaker of
the House of Reépresentatives, shall
each receive $15.00 per day as per
diem plus the additional sum of
$5.00 per day for maintenance ex
penses.
Section X,
Paragraph 1. Viva voce vote;
place of meeting. All elections by |
the General Assembly shall be viva
voce, and the vote shall appear on
the Journal of the House of Repre
sentatives. 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 result. :
Section Xl, I
! Paragraph 1., Salaries of elective
officials; how changed. The Gen
eral Assembly may, at any time, by
ta majority vote of both branches
prescribe other and different sal
| aries for all of the elective bfficers
t provided for in this Constitution,
| but no such chaige shall affect the
officers then in commission,
ARTICLE IV,
Public Utilities, Eminent Domain,
Police Power, Insurance Com.
panies, Contracts, Ete.
: Section L :
[ Paragraph 1. Public utility tar
'iffs and charges. The power and
authority of regulating railroad
freight and passenger tariffs and
#of charges of public utilities for
their services, of preventing unjust
- discriminations, and requiring rea
sonable and just rates of freight
and passenger tariffs and of charg
.es of public utilities, are hereby
conferred upon the General Assem
¢ bly, whose duty’ it shall be to pass
ilaws from time to time, to regulate
.such tariffs and charges, to pro-
Ahibit unjust discriminations by the
PAGE ONE-A
varions railroads and public utili
ties of this State, and to prohibit
said railroads and public utilities
from charging other than just and
reasonable rates and to enforee
the same by adequate penalties,
provided, nevertheless, that such
power and authority shall never be
exercised in any way to regulate
or fix charges of such public utili-,
ties as are or may be owned or
operated by any county or munici-,
pality of this State; except as pro--
vided in this Constitution. f
Paragraph 11. Rebates. No publie/
utility company shall give, or pay,
any rebate, or bonus in the nature
thereof, directly or indirectly, or
do any act to mislead or deceive
the public as to the real rates
charged or received for freight or
passage or services furnished, any
such payments shall be illegal and
void; and these prohibitions shall
be enforced by suitable penalties.
Section IL. : !
Paragraph I. Right of eminent
domain. The exercise of the right
of eminent domain shall never be
abridged, nor so construed as to,
prevent the General Assembly from
taking property and franchises,
and subjecting them to public use.
Paragraph 11. Police power. The
exercise of the police power of the
State 'shall never be abridged, nor
s 0 construed as to permit the con
duct of business in such manner as
to infringe the equal rights of oth
ers, or the general wellbeing of the
State. -
‘ Section 111, S
| Paragraph [. Charters revived or
lamended subject. to Constitution.
The Geaeral Asgsembly shall not
remit the forfeiture of the charter
of any corporation now existing,
nor alter or amend the same, nor
pass any -other general or special
law, for the benefit of said corpora
tion, except upon the condftion that
such corporauion shall thereafter
hold its charter subject to the pro
visions of this Constitution; and
every amendment of any charter of
any corporation in this State, or
any special law for its benefit, ac
cepted thereby, shall operate as a
novation of said charter and shall
bring the same under the provision
of this Constitution.
Section IV.
Paragraph 1. Contracts to defeat
competition. All contracty and
agreements, which may have the’
.effect, or be intended to have the
' effect, to defeat or lessen competi
tion, or to encourage monopoly,
shall be illegal and void. The Gen.
eral Assembly of this State shail
' have no power to authorize any
such contraet or agreement.’ -
Paragraph I, General Assembly
to enforce Article. The General As
sembly shall enforce the provisions
of this Article by appropriate leg
| islation. g
! Paragraph 111. Public Service
Commission as constitutional offi
l cers. There ghall be a Public Serv
ice Commigsion for the regulation
of utilities, vested with the juris
diction, powers and duties now pro
vided by law or that'may hereafter’
be prescribed by the General As
sembly, not incongistent with other
\'provisions ~of this , Constitution. '
Such Commission shall eonsist of
five members, who shall be elected
by the people. A chairman shall be}
selected by the members of the-
Commission from its mfimbership.i
The first Commission under this;
amendment shall consist of the
l commissioners, in office at the time,
of the adoption of this constitu-,
tional amendment and they shall:
Iserve until December 31 after the!
general election at which the sue
cessor of each member is elected.:
Thereafter all succeeding terms of
“members shall be for six years. The:
qualifications, compenLtions, fill. . -
ing of vacancies, manner and time:
of election, power and duties of;
members of the Commisgsion, in
cluding the chairman shall be such |
as are now or may hereaffer be,
provided by the General Assembly.
. Section V. .
Paragraph I. Wife’s separate es
tate. All property of the wife at the;
time of her marriage, and all prop
erty given to, inherited or acquired|
by her, shall vemain her separate
property, and not be liable for the
debts of her husband.. i
Section VI. rs
Paragraph I. Nonresident insur- -
ance companies, All life insurance
companies now doing business in
this State, or which may desire to
establish agencies and do business
in the State eof Georgia, chartered
by other States of the Union, or
foreign States, shall show that they
hav® deposited with the Comptirol
ler General .of the State in which
they are chartered, or of this State,
the Insurance Commissioner, or
such other officer as may be au
thorized to receive it, not less than
one hundred thousand dollars, in
such securities as may be deemed
by such officer equivalent to cash,
subject to his order, as a guarantse
fund for the &eeurity of policy
holders. ’ Sy A
Paragraph 11, License by Comp-.
troller General, When such show
ing is made to the Comptrolier
Generai of the State of Georgia by
a proper certificate from the State
official having charge of the funds
so deposited, the Comptroller Gen
eral of the State of Georgia is au
thorized to issue to the company
making such showing, a license to
do business in the State, upon pay
ing the fees required by law.
Paragraph' 111. Resident insur
ance companies; guarantee fund.
All life insurance companies char
tered by the State of Georgia, or
which may hereafter be chartersd
by the State, shall, before doing
business, deposit with the Comp
troller General of the State of
Georgia, or with some strong cor
poration, which may be approved
by said Comptroller General, one
hundred thousand dellars, in such
securities as may be deemed by him
‘equivalent to cash, to be subject to
his order, as a guarantee fund for
the security of the policy-holders of
the company making such deposit,
all interest afd dividends from such