Newspaper Page Text
FRIDAY, JULY 13, 1945.
. >
A Proclamation
SQubmitting a proposed amend
ment to thesConstitution of Georgia
of 1877 revising the said Constitu
tion. Such proposed amendment to
pe voted on at the General Election
to be held on Tuesday, August 7,
1945.
By His Excellency, ’
ELLIS ARNALL, Governor
State of Georgia,
Executive 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
a Resolution approved March 9,
1945, to-wits &
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 T (Bill of
Rights), Article 1T (Elective Fran
chise), Artiele 111 (Legislative De
partment), Article IV (Power of
the General Assembly Over Taxa
tion), Article V (Executive 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 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 of the
State of Georgia of 1877, new Arti
cles as follows: Article 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,
ete.), Article Ve (Elective Depart
ment), Article VI (Judiciary), Ar
ticle VII (Finance, Taxation and
Public Debt), Article VIII (Educa
tion), Article IX {Homesteads and
F.xemptions), Article X (Militia),
Article XI (Counties apd Muni
cipal Corporations), Article XII
(The Laws of General Operation
in Force in This State), Article
XIII (Amendments to the Constitu
tion), Article XIV (Merit System),
and Article 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 is to coordinate
the proposed substantial principles
of organic law into one subject mat
ter of the Congtitution; it being
impracticable otherwise than in one
gubject 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-egse of adoption of
some portionwd reJ&tion,.ol;qtr%L
-ers result in a Constitution lacking
correlation, » :
NOW THE%ORE, BE IT RE
SOLVED BY T GENERAL AS
SEMBLY OF GEORGIA: ,
) Section One
That the Constitution of the
Btate 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), Artiele 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 (Education), Article IX
(Homesteads and Exemptions), Ar
ticle X (Militia), Article XI (Coun
ties and County Officers), Article
XII (The Laws of General Opera
tion in Force in This State), Arti
cle XIII (Amendments to the Con
stitution), and inserting in lieu
thereof new Articles Numbers |
through XV inclusive, so that when
so amended, the Constitution of the
State 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 guidance of Almighty
God, do ordain and establish this
Constitution,
ARTICLE 1.
Bill of Rights.
Section 1.
_Paragraph I. Origin and founda
tion of government. All govern.
ment, of right, originates with the
people, is founded upon their will
only, and is instituted solely for
the good of the whole. Public offi
cers are the trustees and 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 ecomplete.
Paragraph TII. Life, liberty, and
Property. No person shall be de
brived of life, liberty, or property,
except by due process of law.
Paragraph IV. Right to the
courts. No person shall be deprived
of the right to prosecute or defend
his own cause in any of the courts
of this State, in person, by attor
niey, or both, v
Paragraph V. Benefit of counsel;
accusation; list of witnesses; com
pulsory process; trial by jury. Ev
€ry person charged with an offense
against the laws of this State shall
have the privilege and benefit of
tounsel; shall be furnished, on de
mand, with a copy of the accusa
tion, 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 testi
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
tendine in any manner to criminate |
himself. |
Paragraph VII. Banishment and |
whipping as punishment for crime. i
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 trial aft(;r 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 cruel and unusual punishments |
inflicted; nor shall any person be
abused in being arrested, while un- l
der arrest, or in prison.
Paragraph X. Costs. No person
shall be compelled to pay costs ex.
cépt after 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, each according to the dictates
of his own conscience, and no hu
man authority should, in any case, |
control 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 churchés, 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
scribing the place, or places, to be
seanghed, and the persons or things
to ge seized.
aragraph XVII. Slavery and in
voluntary servitude. There shall be
within the State of Georgia neither
slavery 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 authority
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
lative acts.
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. Législative,
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 provided.
Paragraph XXIV. Right to as
semble and petition. The people
have the right to assemble peace
ably for their common good and te
apply to those vested with the pow
erg 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 .th‘e
full enjoyment of the rights, privi
leges and immunities due to such
eitizenship.
Section 11.
Paragraph I. Libel; jury in erim
inal cases; new trials. In all prose
cutions or indictments for libel the
truth may be given in evidence; and
the jury in aljlz criminal cases, shall
be the judges of the law and the
facts. The power of the judges to
grant new trials, in case of convic
tion, is preserved.
Paragraph 11. Treason. Treason
against the State of Georgia, shall
consist in levying war against' hgr:
' adhering to her enemies; giving
l them aid and comfort. No person
| shall be convicted of treason, ex
| cept on the testimony 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 tie
kets, are hereby prohibited; and
this prohibition shall be enforced
by penal laws.
Paragraph V. Lobbying; penal
ties. Lobbying is 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.
Section 111.
Paragraph I. Private ways; just
compensation. In case of necessity,
private ways may be granted upon
just compensation being first paid
by the 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, or law impairing
the obligation of contracts. or mak
ing irrevocable grant of special
privileges or immunities, shall be
passed.
Paragraph 111. 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
i tained as a part of this Constitu
tion shall not be construed to deny
l to the people any inherent rights
& which they may have hitherto en
joyed. :
l Section VI.
Paragraph 1. Tidewater titles;
confirmed. The Act of the General
Assembly approved ' Detéiber 6,
1902, which extends the title of
ownership of lands abutting on
tidal water to low water mark is
hereby ratified and confirmed.
ARTICLE IIL
| Elective Franchise.
| Section I.
Paragraph I. Elections by ballot;
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.
| Paragraph 11. Who shall be an
elector entitled to register and vote.
Every citizen of this State who is
a citizen of the Unifed 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
t in the military or naval services of
the United States shall acquire the
rights of an elector by rerson of
being stationed on duty i this
State.. \
| 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
election.
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 IT of Article II of this Con
stitution, and who possesses the
qualifications preseribed in Para
graphs II and IIT 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.
1. 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. All persons who can correctly
read in the English language any
paragraph of the Constitution of
the United States or of this State
and correctly 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
sion of registrars. Any person to
whom the right of registration is
denied by the registrars upon the
= THE BANNER-HERALD, ATHENS, GEORGIA
ground that he lacks the qualifica
tions set forth in the two subdi
visions of Paragraph IV shall hate
the right to take an appea], and
any citizen may enter an appeal
from the decision of the registrars
allowing any sperson 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 clerk
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 11.
Paragraph 1. 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 imprison
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. Electors shall,
in all cases, except for treason,
felony, larceny, and breach of the
peace, be 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 thé same is ac
counted for and paid into the
Treasury.
Section V.
Paragraph I. Sale of liquors 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.
Section VI.
Paragraph 1. Returns made to
whom. Returns of elections for all
civil officers elected by the people,
who are to be commissioned by the
Governor, and also for members of
the General Assembly, shall be
made to the Secretary of State,
unless otherwise provided by law.
ARTICLE IIL
Legislative Department.
Section L.
Paragraph I. 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 House of
Representatives.
Seection 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
torial Districts with one Senator
from each District as now consti.
tuted, or as hereafter created. The,
various 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 111.
Paragraph I. Number of repre
sentatives. The House of Repre
sentatives shall consist of repre
sentatives appertioned 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
Paragraph I of Section 111 of this
article. ‘
Seection IV.
Paragraph I. Term of members.
The members of the General As
sembly shall be elected for two
years, 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 N?c)mday in
November, 1946, and subsequent
elections biennially, on that day,
until the day of election is changed
by law.
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
affer 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 term for
which the members were elected.
If it shall adjourn the first regular
session before s the 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 shall have adjourned sine die. All
business pending in the Senate or
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
erai Assembly in extraordinary
session upon the ecertificate 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 is pending at the end
of any regular or extraordinary
session, the Senate may continue
in session until such trial is com
pleted. The provisions of Para
graph 111, Section IV of Article 111
of the Constitution which this Con~
stitution supersedes which apply to
the meetings of the General As
sembly shall continue in force un
til the second Monday in January,
1947, o .
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 absent members, as
each house may provide.
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 appointment, or office, hav
ing any emolument, or compensa
tion annexed thereto, under this
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 shall 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
terny 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.
o Section V.
Parvagraph 1. Qualifications of
Senators. The Senafors shall be
citizens of the United States, who
have attained the ain— 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 Pro 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. s
Paragraph 111. Impeachments,
The Senate shall have the sole
power to try 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.
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
may be in office.
Section VIL
Paragraph I. Election, returns,
ete.; disorderly conduct. 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 wse session, any person, not
a member, who shall be guilty of
a contempt, by any disorderly be-
havior in its presence, or who shaly
rescue, or attempt to rescue, any
person arrested by order of eithes
House.
Paragraph 111, Privilege of mems
bers. The members of both Holses
shall be free from arrest during
their attendance on the General
Assembly, and in going thereto, or
returning therefrom, except for
treascn, 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. ¥ A
Paragraph IV. Journals and acts.
Each House shall keep a journal of
its proceedings, and publish it im- |
mediately after its adjournment, i
The General Assembly shall pro
vide for the publication of the laws
passed by each session. ‘
Paragraph V. Wher e journals
kept. The original journal shall be |
preserved after publication, in thel
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 VI 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. l
Paragraph VIII. One subject mat. |
ter expressed. No law shall pass
which refers to more than one sub
ject matter, or contains matter dis- |
ferent from what is expressed in
the title thereof.
Paragraph IX. General appro
priation bill. 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 raising 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
drawn. No money shall be drawn
| from the Trezsury except by ap
propriation made by law.
~ Paragraph XII. Bills appropriat
ing money. No bill or resolution
appropriating money shall become
“a 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 bill. 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, 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
lisher, or accompanied by an af
fidavit of the author, to the effect
that said notice has been published
as provided by law. No office to
which a person 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
ed by the people of the jurisdiction
affected in & referendum on the
question. Where any local law shall
add any member or members to any
municipal or county governing au
thority, the members of which are
elected by the people, such local
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.
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
leges to private companies, to make
or change election precincts, 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 companies 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 Secretary of State should
be disqualified to act in any case,
then in that event the legislature
shall provide by generai laws by
what person such 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. No provision in this Con
stitution for a two-thirds vote of
both houses of the General Assem
bly shall be 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 XXIII. Zoning and
vlanning 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
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. 'y
t Paragraph XXIV. Civil service
‘—equal_ preference to veterans.
Neither the State of Georgia, nor
-any political subdivision thereof,
lshall 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, Street Rail
ways. The General Assembly shall
not authorize the construction of
any street passenger railway, with~
in the limits of any incorporate.
town or city, without the consent of'
the Corporate Authorities.
Seetion VIIL
* Paragraph I. Officers of the two
houses. The officers of the two
houses, other than the President of
the Senate and Speaker of the
House, shall be 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 I. Compensation, ex
pense and mileage. The per diem
of members of the Ceneral Assem
l bly shall be SIO.OO per day plus the
additional sum of $5.00 per day for
maintenance expense; and the mile
age shall not exceed 10 cents for
each mile traveled by the nearest
practical route in going to and re
turning from the Capitol; but the
' President Pro Tempore of the Sen-
I ate, when serving as presiding of
ficer thereof, and the Speaker of
the House of Representatives, shall
each receive $15.00 per day as per
diem plus the additional sum of
I $5.00 per day for maintenance ex
| penses.
I’?ection X.
Paugrap I. 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
l the purpose of elections, they shall |
meet in the Representative Hall, '
| and the President of the Senate |
shall, in such cases, preside and
i declare the result.
Section XI.
l Paragraph I. Salaries of elective
officials; how changed. The Gen
eral Assembly may, at any time, by
a majority vote of both branches |
prescribe other and different sal
l aries for all of the elective officers
provided for in this Constitation, |
but no such char.ge shall affect the
officers then in commission. . l
ARTICLE IV. f
Public Utilities, Eminent Domain, ‘
. Police Power, Insurance Com.
panies, Contracts, Ete. |
Section 1. 2
Paragraph 1. Public utility tar
iffs and charges. The power and
authority of regulating railroad
freight and passenger tariffs and
wof 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
{laws from time to time, to regulate
.such tariffs and charges, to pro
hibit unjust discriminations by the ‘
PAGE ONE-A
various 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 enforeq ,
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 muniei
pality of this State; except as pro-.
vided in this Constitution. !
Paragraph 11. Rebates. No publie:
utility company shall give, or pay,
any rebate, or bonus in the niture
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. :
2 Section IIL ;
Paragraph 1. 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
so 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 IIL
Paragraph I. Charters revived or
amended subject to Constitution.
The General Assembly 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 condition that
such corporation 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.
| Seection IV.
Paragraph I. Contracts to defeat
competition. All contracts 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 shall
have no power to authorize any
such contract or agreement.
Paragraph 11. General Assembly
to enforce Article. The General As
sembly shall enforce the provisions
of this Article by appropriate leg
islation.
Paragraph 111. Public Service
Commission as constitutional offi
' cers. There shall be a Public Serv
ice Commisgion 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 inconsistent with other
provisions” of " this ngtitution.”
Such Cq‘t%‘fniuion flwmm of
five members, who shall be elected
by the people. A chairman shall be|
selected by the members of the
Commission from its membership.:
The first Commission under this
amendment shall consist of the!
commissioners in office at the time!
of the adoption of this constitu-,
tional amendment and they shall!
serve until December 31 after the’
general election at which the suc-!
| cessor of each member is elected.’
| Thereafter all succeeding terms of,
i members shall be for six years. The’
Iqualifications, compensations, fill
ing of vacancies, manner and time'
lof election, power and duties of
members of the Commission, in
cluding the chairman shall be such
as are now or may hereafter 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 remain her separate
property, and not be liable for the
| debts of her husband..
Section VL
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 of Georgia, chartered
by other States of the Union, or
| foreign States, shall show that they
| have deposited with the Comptrol
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 guarantee.
' fund for the security of policy
i holders.
Paragraph 11. License by Comp
troller General. When such show
l ing is made to the Comptroller
| General of the State of Georgia by
g 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 chartered
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 dollars, in such
securities as may be deemed by him
equivalent to cash, to be subject to
his order, as a 8 guarantee fund for
the security of the policy-holders of
l the company making such deposit,
'~ all interest and dividends from such