Newspaper Page Text
new constitutional amendment supplement of
HOUSTON HOME JOURNAL
(Legal Advertisement) - PERRY, GEORGIA, JUNE 14, 1915 " Advertisement)
A PROCLAMATION
Submitting a proposed
amendment to the Constitution
~f Georgia of 1877 i-*vising the
o id Constitution. Such pro
mised amendment to be voted
hi at the General Election to be j
j, e ld on Tuesday, August 7, 1945- |
Bv His Excellency,
ELLIS ARNALL, Governor
Slate 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 proposed an
amendment to the Constitution
of this State as set forth in a
Resolution approved March 9,
1945, to-wit:
H. R No. 11 Gov. No. 34
A RESOLUTION
Proposing (as one single
amendment) to amend the Con
stitution of the State of Geor- j
gia o i 1877 and all amendments
thereof, by striking in their en
tirety Article 1 (Bill of Rights),
Article II (Elective Franchise),
Article 111 (Legislative Depart
ment), Article IV (Power of the
General Assembly Over Taxa
tion), Article V (Executive De ;
partment), Article VI (Judic
iary), Article VII (Finance,
Taxation, and Public Debt), Ar- !
tide VIII (Education), Article
IX (Homesteads and Exempt
ions), Article X (Militia), Ar
ticle XI (Counties and County
. Officers), Article XII (The Laws
of General Operation in Force
in This Slate), Article XIII
(Amendments to the Constitu
tion), and by inserting in lieu
thereof, after the Preamble of
the Constitution of the State of
Georgia of 1877, new Articles
as follows: Article I (Bill of
Rights), Article II (Elective
Franchise), Article 111 (Legis
lative Department), Article IV
(Public Utilities, Eminent Do
main, Police Power, Insurance
Companies, Contracts, etc.), Ar
ticle V (Executive Department),
Article VI (Judiciary), Article
VII (Finance, Taxation and
Public Debt), Article VIII (Ed
ucation), Article IX (Homesteads
and Exemptions), Article X (Mi
litia), Article XI (Counties and
Municipal Corporations), Ar
ticle XII (The Laws of Gener
al Operation in Force in This
State), Article XIII (Amend
ments to the Constitution), Ar
ticle XIV (Merit System), and
Article XV (Home Rule); and
to provide for the submission
of the Amendment so proposed
as one Amendment to the quali
fied voters of the State of
Georgia for ratification or re
jection at the General Election
to be held in August, 1945.
WHEREAS, the purpose of
this single amendment is to co
ordinate the proposed substan
tial principles of organic law
into one subject matter of the
Constitution; it being impractic
able otherwise than in one sub
ject matter and one amendment
to perfect the rearrangement
sought; and to render unneces
sary the evil consequences of a
portion by portion adoption or
rejection which would in case of
adoption of some portions and
rejection of others result in a
Constitution lacking correla
tion,
NOW THEREFORE, BE IT
RESOLVED BY THE GENER
AL ASSEMBLY OF GEORGIA:
Section One
That the Constitution of the
State of Georgia of 1877 and all
Amendments thereof appearing
after the Preamble, be and it
is, hereby proposed to be
amended as one single amend
ment by striking therefrom in
their entirety Article I (Bill of
Rights), Article II (Elective
Franchise), Article 111 (Legis
lative Department), Article IV
(Power of the General Assem
bl; over Taxation), Article V
(Executive Department), Arti
cle VI (Judiciary), Article VII
i (Finance, Taxation, and Public
iDebt), Article VIII (Education),
j Article IX (Homesteads and Ex
emptions), Article X (Militia),
i Article XI (Counties an ' Coun
ty Officers), Article Xll (The
Laws of General Operation in
Force in This State), Article
XIII (Amendments to the Con
stitution), and inserting in lieu
thereof new Articles Numbers
I through XV inclusive, so that
when so amended, the Consti
tution of the State of Georgia
; of 1877 shall read, beginning
with the Preamble, as follows:
PREAMBLE
To perpetuate the principles!
of free government, insure just
ice to all, preserve peace, pro- |
ote the interest and happiness :
of the citizen, and transmit to
posterity the enjoyment of lib
erty, we, the people of Geor
gia, relying upon the protect
ion and guidance of Almighty
God, do ordain and establish this
■ Constitution.
ARTICLE I.
Bill of Rights
Section I.
Paragraph I. Origin and foun
dation of government. All gov-
I eminent, of right, originates
j with the people, is founded up
| on their will only, and is in- j
j stituted solely for the good of
, the whole. Public officers are
j the trustees and servants of the !
1 people, and at all times, amen
able to them.
Paragraph 11. Protection the
duly of government. Protection
t person and property is the
paramount duly of government,
and shall be impartial and com
plete.
Paragraph 111. Life, liberty,
and property. No person shall
be deprived of life, liberty, or
property, except by due process
of law.
Paragraph IV Right to the
courts. No person shall be de
prived of the right to prosecute
or defend his own cause in any
of the courts of this State, in
person, by attorney, or both.
Paragraph V. Benefit of coun
sel; accusation; list of witness
es; compulsory process; trial by
jur. Every person charged with
an offense against the laws of
! this State shall have the priv
ilege and benefit of counsel;
shall be furnished, on demand,
with a copy of the accusation,
and a list of the witnesses on
whose testimony the charge
against him is founded; shall
have compulsory process to ob
tain the testimony of his own
witnesses; shall be confronted j
with the witnesses testifying I
against him; and shall have ai
public and speedy trial by an
impartial jury.
Paragraph VI. Crimination of
self not compelled. No person
shall be compelled to give tes
timony tending in any manner
to criminate hm.Self-
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
S life or liberty more than once
forbidden. No person shall be
put in jeopardy of life, or lib
i erty, more than once for the
same offense, save on his, or
her own motion for a new trial
after conviction, or in case of
mistrial.
Paragraph IX. Bail, fines,
punishment; arrest, abuse of
prisoners. Excessive hail shall
not be required, nor excessive
fines Imposed, nor cruel and un
usual punishments inflicted;
nor shall any person be abused
in being arrested, while under
arrest, or in prison.
Paragraph X. Costs. No person
shall be compelled to pay costs
except after conviction on final
trial.
Paragraph XI. Habeas Cor
pus. The writ of Habeas Corpus
shall not be suspended.
Paragraph XII. Freedom of
conscience. All men have the
natural and inalienable right to
worship God, each according to
the dictates of his own con
science, and no human authority
should, in any case, control or
interfere with such right of con
science.
Paragraph XIII. Religious
opinions; liberty of conscience.
No inhabitant of this State shall
i be molested in person or prop
-1 erty, or prohibited from hold
ing any public office, or trust,
on account of his religion opin
ions; but the right of liberty
of conscience shall not be so
construed as to excuse acts of
licentiousness, or justify prac
j tices inconsistent with the peace
I and safety of the State.
Paragraph XIV. Appropria
tions to churches, sects, efc.,
forbidden. No money shall ever
be taken from the public Treas
ury, directly or indirectly, in
aid of any church, sect, or de
nomination of religionists, or of
any sectarian institution.
: Paragraph XV. Liberty of
speech or of fhe press guaran
i teed. No law shall ever be pass
i ed to curtail, or restrain the
liberty of speech, or of the press;
; any person may speak, write
jand publish his sentiments, on
I all subjects, being responsible
for the abuse of that liberty.
Paragraph XVI Searches,
seizures, and warrants. The right
of the people to be secure in
their persons, houses, papers,
and effects, against unreason
able searches and seizures, shall
not be violated; and no war.-
rant shall issue except upon j
probable cause, supported by
oath, or affirmation, particular
ly describing the place, or places,
tc be searched, and the persons
or things to be seized
Paragraph XVII- Slavery and
involuntary servitude. There
shall be within the fstate of :
Georgia neither slavery nor in-'
voluntary servitude, save as a
punishment for crime after legal
onviction thereof.
Paragraph XVIII. Status of
the citizen. The social status of
the citizen shall-never be the
subject of legislation.
Paragraph XIX. Civil author
ity superior to military. The
1 civil authority shall be superior
to the military, and no soldier
shall, in time of peace, be quart
i ered in any house, without the
\ consent of the owner, nor in
| time of war, except by the civ
il magistrate, ir such manner
as may be provided by law.
Paragraph XX. Contempts.
The power of the Courts to
punish for contempt shall be
limited by legislative acts.
Paragraph XXL Imprison
ment for debt. There shall be
, no imprisonment for debt.
Paragraph XXII. Arms, right
to keep and bear. The tight of
the people to keep anc bear
arms, shall not be infringed, but
the General Assembly shall
have power to prescribe the
manner in which arms may be
borne.
Paragraph XXIII. Legislative,
judicial, and executive powers,
separate. The legislative, judic
ial and executive powers shall
| forever remain separate and
distinct, and no’ person dis
charging the duties of one, shall,
at the same time, exorcise the
functions jf either of the olh- ;
ers, except as herein provided. [
Paragraph XXIV. Right to !
assemble and petition. The peo- !
pie have the right to assemble
peaceably for their common
| good and to apply to those vest
ed with the powers of govern
ment lor redress of grievances
by petition oi remonstrance.
Paragraph XXV. Citizens,
protection of. Ali citizens of the
United States, resident in this
: State, are hereby declared cit
izens of this State, and it shall
be the duty of the General As
sembly to enact such laws as
will protect them in the full
enjoyment of the rights, priv
ileges and immunities due to
such citizenship.
Section 11,
Paragraph I. Libel; jury in
criminal cases; new trials. In
i all prosecutions or indictments
for libel the truth may be giv- i
on in evidence: and the jury in
all criminal cases, shall be the 1
judges of the law am the facts.
The power of the judges to grant
new trials, in case of conviction,
is preserved.
Paragraph IT Treason. Treas
on against the State of Georgia, !
shall consist in levying wai ■
against her; adhering to her en
emies; giving them aid and com
fort. No person shall be convict
ed of treason except on (he testi
mony of two witnesses to the
i same overt act, or confession
! in open court.
Paragraph 111. Conviction, ef
fect of. No conviction shall
work corruption of blood, or
forfeiture of estate.
Paragraph IV. Lotteries. All
lotteries, and the sale of lottery
tickets, are hereby prohibited;
and this prohibition shall be
enforced by penal laws.
Paragraph V. Lobbying; pen
alties. Lobbying is declared to
t be a crime, and the General j
1 Assembly shall enforce this pro
( vision by suitable penalties.
Paragraph VI. Fraud; con
cealment of property. The Gen
| eral Assembly shall have the
j power to provide for the pun
ishment of fraud; and shall pro
vide by law, for reaching prop
erty of the debtor concealed
from the creditor.
Section 111.
Paragraph I. Private ways; i
just compensation. In case of
necessity, private ways may be
1 granted upon just compensa- 1
tion being first paid by the ap- j
plicant. Private property shall j
j not be taken, or damaged, for
public purposes, without just
and adequate compensation be- |
1 ing 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 obliga
tion of contracts, or making ir
revokable giant of special priv
ileges or immunities, shall be
passed.
Paragraph ill. Revocation of
tax exemptions. All exemptions
from taxation heretofore grant
ed in corporate charters are de
clared to be henceforth null
and void.
Section IV.
Paragraph I. General laws;
uniform operation; how varied.
Laws of a general nature shall
have uniform operation through
out the State, and no special
law shall be enacted n . ny case
for which provision has been
made by an existing genera]
law. No general iaw affecting
‘ private rights, shall be varied
in any particular case by spec
ial legislation, except with the
free consent, in writing, of all
persons to be affected thereby;
and no person under legal dis
ability to contract, is capable
of such consent.
Paragraph 11. What acts vena
I Legislative acts in violation of
i this Constitution, of the Con 1
stitution of the United Stales,.
| are void, and the Judiciary shall
so declare them.
Section V.
Paragraph I. State rights. The
people of this Stale have the
inherent, sole and exclusive
right of regulating their inter
nal government, and the polica
thereof, and of altering and
abolishing their Constitution
whenever it may be necessary
to their safety and happiness.
Paragraph 11. Enumeration ol
rights not denial of others. The
enumeration of rights herein
contained as a part of this Con
stitution shall not be construed
to deny to the people any in
herent rights which they may
have hitherto enjoyed.
Section VI.
Paragraph 1. Tidewater titles;
confirmed. The Act of the Gen
i al Assembly approved Decern
| her 8, 1902, which extends the
i title of ownership of lands abut-
I ting on tidal water to low water
| mark is hereby ralified and
I confirmed.
ARTICLE 11.
Elective Franchise.
Section I.
Paragraph I. Elections by bal
lot; registration of voters. Elect
ions by the people shall be by
ballot, and only those persons
j shall be allowed to vote who
| have been first registered in
accordance with the require
| ments of law.
Paragraph 11. Who shall be an
elector entitled to register anJ
vole. Every citizen of this
I who is a citizen of the United
j States, eighteen years old or
upwards, not laboring under
any of the disabilities named in
I this Article, and possessing the
qualifications provided by it,
shall be an elector and entitled
to register and vote at any el
ection by the people: Provided,
that no soldier, sailor or ma-
I fine in the military or naval
! services of the United States
j shall acquire the rights of an
j electo by roasoi of being sta
| tioned on duty in this State.
Paragraph 111. Who entitled
to register and vole. To entitle
a person to register and vole
jat any election by tile people,
he shall have reside 1 in the
j State one year next preceding
the election, and in the county
in which he offers to vote sixr~~
I months next preceding the el
! eclion.
Paragraph IV. Qualifications
of electors. Every citizen of this
State shall be entitled to reg
ister as an elector, and to vote
in ail elections in said State,
who is not disqualified under
the provisions of Sectior II of
Article II of this Constitution,
and who possesses the qualifica
tions prescribed in Paragraphs
JI 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
J within cither of the classes pro
vided for in the two following
subdivisions of this paragraph.
1. All persons who are of
good character and understand
the duties and obligations of
citizenship under a republican
form of governrne.it; or,
2. All persons who can cor
rectly read in the English lan
'guage any paragraph of the
j Constitution of the United
Slates or of this State and cor
rectly write the same in the
English language when read to
them by any one of the regis
i tiars, and all persons who
| solely because of physi
cal disability are unable to com
| ply with the above require
ments but who can understand
and give a reasonable interpret
ation of any paragraph of luo
i Constitution of the United
! States or of this State that may
