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Thursday, June 14,1945
this Constitution, and not |;
wlth „ nant to the Constitution ■
ftifunited States, which they
°: , deem necessary and pro
shJ fOI the welfare of the State. ,
P Vngraph XXL Signature of ,
Governor. No provision in this
“-titntion for a two thirds
C hT f both houses of the Gen- 1
' 1 shall be construed
'waive the necessity for the
signature of the Governor as
in anv other case, except in the
” e of the two-thirds vote re
maieJ to override the veto, to
,„ bl t constitutional amend
ment,. and in case of prolong- ,
at ion of a session of the Gen- 1
oral Assembly.
Paragraph XXII. Adjourn
ments/Neither House shall ad
mum for more than three days,
or to anv other place, without
thc consent of the other, and
in' case of disagreement be
tween the two Houses, on a
question of adjournment, the
Governor may adjourn either,
qr both of them.
Paragraph XXIIL Zoning and
planning laws. The General As
sembly of the State shall have
authority to grant the governing
authorities of the municipali
ties and counties authority to
pass zoning and planning laws
whereby such cities or counties
may be zoned or districted for
various uses and other or dif
ferent uses prohibited therein,
and regulating the use foi which
said zones or district may be
set apart, and regulating the
plans for development and im
provements on real estate there-
Paragraph XXIV. Civil ser
vice—equal preference to vet
erans. Neither the State of Geor
gia, nor any political subdivis
ion thereof, shall inaugurate or
maintain any civil service
scheme of any nature whatever
which fails to provide for hon
orably discharged veterans of
any war, and the said State of
Georgia, or any political sub
division shall, if a civil service
scheme is originated or is al
ready in force, provide equal
preferences according to such
veterans as now exist under
Federal Civil Service Laws.
Paragraph XXV. Street Rail
ways. The General Assembly
shall not authorize the con
struction of any street passen
ger railway, within the limits
of any incorporate town or city,
without the consent of the Cor
porate Authorities.
Section VIII.
Paragraph 1. Officers of the
two houses. The officers of the
two houses, other than the Pres
ident of the Senate and Speaker
of the House, be a Pres
ident Pro Tempore and Secret
ary of the Senate and Speaker
Pro Tempore and Clerk of the
House of Representatives, and
such assistants as each House
may provide for-
Section IX.
Paragraph I. Compensation,
expense and mileage. The per
diem of members of the Gen
eral Assembly sha be $lO.OO
per day plus the additional sum
of $5.00 per day for mainte
nance expense; and the mileage
shall not exceed 10 cents for
each mile traveled by the near
est practical i oute in going to
and returning from the Capi
tol; but the President Pro Tem
pore of the Senate, when serving
as presiding officer thereof, and
the Speaker of the House of
Representatives, shall each re
ceive $15.00 per day as per
diem plus the additional sum
of $5.00 per day for mainte
nance expenses.
Section X.
Paragraph 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 Representatives. When
the Senate and House of Rep
resentatives unite for the pur
pose of elections, they shall
meet in the Representative Hall,
and the President of the Sen
ate shall, in such cases, preside
and declare the result.
Section XI.
Paragraph I. Salarir of elect
ive officials: how changed. The
General Assembly may, at any
time, by a majority vote of
both branches prescribe other
and different salaries for all of
the elective officers provided
for in this Constitution, but no
such change shall affect the of
ficers then in commission.
ARTICLE IV.
Public Utilities, Eminent Do
main, Police Power, Insurance
Companies, Contracts, etc.
Section I.
Paragraph I, Public utility
tariffs and charges. The power
and authority of regulating rail
road freight and passenger ta
riffs and of charges of public
utilities for their services, of
preventing unjust discrimina
tions, and requiring reasonable
and just rates of freight and j
passenger tariffs and of charges
lof public utilities, are hereby
conferred upon the General As
sembly, whose duty it shall be
to pass laws from time to time,
to regulate such tariffs and j
charges, to prohibit unjust dis-1
criminations by the various 1
railroads and public utilities of !
this State, and to prohibit said i
railroads and public utilities |
Irom charging other than just
and reasonable rates and to en
force the same by adequate
penalties, provided, neverthe
less, that such power and au
thority shall never be exercis
ed iu way to regulate or
fix charges ->f suc h public utili
ties as are or may be owned or
operated by any county or mun
icipality of this State; except as ;
provided in this Constitution, j
Paragraph It. Rebates. No j
public utility company shall |
give, or pay, any rebate, or bo- i
nus in the nature thereof, di- |
rectly or indirectly, or do any i
act to mislead or deceive the j
public as to the real rates!
charged or received for freight
or passages or services furnish- j
ed, any such payments shall be
illegal and void; and these pro- |
hibitions shall be enforced by j
suitable penalties.
Section 11.
Paragraph I. Right of emi
nent domain. The exercise of the
right of eminent domain shall
never be abridged, nor so con
strued as to prevent the Gen
eral Assembly from taking pro
perty and franchises, and sub
jecting them to public use.
Paragraph 11. Police power.
, | The exercise of the police pow
er of the State shall never be
. abridged, nor so construed as
to permit the conduct of busi
ness in such manner as to in
. fringe the equal rights of oth
, ers, or the general wellbeing of
[ i the State.
Section 111.
j Paragraph I. Charters revived
or amended subject to Constitu
! lion. The General Assembly
, shall not remit the forfeiture of
- j the charter of any corporation
. j now existing, nor alter or amend
) 1 the same, nor pass any other
i S general or special law, for the
. j benefit of said corporation, ex
> j cept upon the condition that
-' such corporation shall thereaft
. er hold its charter subject to
) the provisions of this Constitu
tion; and every amendment of
. any charter of any corpora
; tion in this State, or any special
1 law for its benefit, accepted
f thereby, shall operate as a nov
. ation of said charter and shall
- bring the same under the pro
! vision of this Constitution.
. j Section IV.
Paragraph I. Contracts to de
feat competition. All contracts
i and, agreements, which may
; have the effect, or be intended
s to have the effect, to defeat or
1 lessen competition, or to en
-1 courage monopoly, shall be il
-2 legal and void The General
i Assembly of this State shall
- have no power to authorize any
- such contract or agreement.
1 Paragraph 11. General As-
I, sembly to enforce Article. The
- General Assembly shall enforce
CONSTITUTIONAL AMENDMENTS
the provisions of this Article
by appropriate legislation.
Paragraph 111. Public Service
Commission as constitutional
officers. There shall be a Pub
lic Service Commission for the
regulation of utilities, vested
with the jurisdiction, powers
and duties now provided by law
or that may hereafter be pre
scribed by the General Assem
bly, not inconsistent with other
provisions of*his Constitution.
Such Commission shall consist
of five members, who shall be
elected by the people. A chair
man shall be selected by the
members of the Commission
from its membership. The first
Commission under this amend
ment shall consist of the com
missioners in office at the time
of the adoption of this const tu
tional amendment and they shall
serve until December 31 after
the general election at which
the successor of each member
is elected. Thereafter all suc
ceeding terms of members shall
he for six years. The qualifica
tions, compensations, filling of
vacancies, manner and time of
election, power and duties of
members of the Commission,
including the chairman shall be
such as are now or may here
after be provided by the Gen
| eral Assembly.
Section V.
Paragraph I. Wife's separate
estate. All property of the wife
at the time of her marriage,
and all property given to in
herited or acquired by her, shell
remain her separate properly,
and not liable for the debts of
her husband.
Section VI.
Paragraph I. Nonresident in-
I surance companies. All life in
} surance companies now doing
I business in this State, or which
! may desire to establish agen
! cies and do business in the State
lof Georgia, chartered by oth-
I er States of the Union, or for
j eign States, shall show that they
have deposited with the Comp
troller General of the State in
j which they are chartered, or of
I this State, the Insurance Com
j missioner, or such other offi
j cer as may be authorized to re
| ceive it, not less than one bun
idi ed thousand "dollars, in sudi
securities as may be deemed by
such officer equivalent to cash,
subject to his order, as a guar
antee fund for the security of
policy-holders.
Paragraph 11. License by
Comptroller General. When such
showing is made to the Comp
troller General of the State of
Georgia by a proper certificate
from the State official having
charge of the funds so deposit
ed, the Comptroller General of
the State of Georgia is author
ized jo issue to the company
making such showing, a license
to do business in the State, upon
paying the fees required by
law.
Paragraph 111. Resident in
surance companies; guarantee
\ fund. All life insurance compa
| nies chartered by the State of
: Georgia, or which may hereaf
ter be chartered by the State,
j shall, before doing business, de
posit with the Comptroller Gen
eral of the State of Georgia, or
} with some strong corporation,
which may be approved by said
Comptroller General, one hun
dred thousand dollars, in such
securities as may be deemed by
him equivalent to cash, to be
subject to his order, as a guaran
| tee fund for the security of the
policy-holders of the company
j making such deposit, all interest
and dividends from such securi
ties to be paid, when due, to the
| company so depositing- Any
I such securities as may be need
-1 ed or desired by the company
j may be taken from said depart
! ment at any time by replacing
j them with other securities
■ equally acceptable to the Comp
troller General, whose certifi
; cate for the same shall be fur
; nished to the company.
Paragraph IV. General A*
sembly lo enact law* for peo
ple’s protection, etc. The Gen
. j eral Assembly shall, from time
to time enact laws to compel
all fire insurance companies,
doing business in this State,
whether chartered by this State,
or otherwise, to deposit reason
able securities with the Treas
urer of this State, to secure the
people against loss by the op
erations of said companies. j
Paragraph V. Reports by in
surance companies. The Gener- j
al Assembly shall compel all |
insurance companies in this
State, or doing business there
in, under proper penalties, to
make annual reports to the
Comptroller General, and print I
the same at their own expense,!
for the information and pro
tection of the people.
ARTICLE V.
Executive Department.
Section I,
Paragraph I. Governor; Term
of Office; Salary, etc. The Ex- |
ecutive power shall be vested in J
a Governor, who shall hold his |
office during the term of four '
years, and until his successor |
shall be chosen and qualified-
The Governor serving at the
time of the adoption of this Con
stitution and future Governors
shall not be eligible to succeed
themselves and shall not be el
igible to hold the office until
after the expiration of four
years from the conclusion of his
term of office. He shall have a
salary of seven thousand five
hundred dollars per annum un
til January 1, 1947. The salary
of the Governor for each year
thereafter shall be twelve thou
sand dollars per annum until
otherwise provided by a law
passed by a majority vote of
both branches of the General
Assembly, which shall not oe j
increased or diminished during
the period for which he shall
have been elected; nor shall he
receive, within that time, anv
other emolument from the Unit
ed States, or either of them, ot
from any foreign power. The
State officers, required by this j
Constitution to be elected at j
the same time, for the same |
term, and in the same manner
as the Governor shall also hold
office for four years.
Paragraph 11. Election for
Governor. The first election for
Governor, under this Constitu
tion, shall be held on Tuesday
after the first Monday in No
vember of 1946, and the Gover
nor-elect shall be installed in
office at the next session of the
General Assembly. An election
shall take place quadrennially
thereafter, on said date, until
another date be fixed by the
General Assembly. Said elec
tion shall be held at the places
of holding general elections in
! the several counties of this State,
in the manner prescribed for
the election of members of the
General Assembly, and for the
electors shall be the same.
Paragraph 111. Returns of el
ections. The returns for every
| election of Governor shall be
sealed up by the managers, sep
arately from other returns, and
■ directed to the President of the
Senate and Speaker of the
House of Representatives, and
transmitted to the Secretary of
State, who shall, without open
ing said returns, cause the same
to be laid before the Senate on
the day after the two houses
shall have been organized, and
' they shall be transmitted by
the Senate to the House of Rep
! resentatives-
Paragraph IV. How relurns
published. The members of eacn
branch of the General Assembly
shall convene in the Represent
ative Hall, and the President
of the Senate and Speaker of j
i' the House of Representatives
1 shall open and publish the re
■ turns in the presence and undei
j the direction of the General !
Assembly; and the person hav- j
: ing the majority of the whole [
i number of votes, shall be de- \
dared duly elected Governor of
this State; but, if no person
shall have such majority, then
from the two persons having I
the highest numebr of votes, j
who shall be in life, and shall |
not decline an election at the j
! time appointed for the General j
PAGE THREE
Assembly to elect, the General
Assembly shall immediately,
elect a Governor viva voce; and
in all cases of election of a
Governor by the General As
sembly, a majority of the mem
bers present shall be necessary
to a choice.
Paragraph V. Contested elect
ions. Contested elections shall
ibe determined by both houses
j of the General Assembly in such
manner as shall be prescribed
by law.
Paragraph VI. Qualifications
of Governor. No person shall
| be eligible to the office of Gov
ernor who shall not have been
a citizen of the United States
fifteen years, and a citizen of
the State six years, and who
shall not have attained the age
of thirty years.
i Paragraph VII. Lieutenant
Governor, Succession to exec
utive power. There shall be a
! Lieutenant Governor, who shall
|be elected at the same time,
for the same term, and in the
same manner as the Governor,
He shall be President of the
Senate, and shall receive the
sum of $2,000.00 per annum. In
case of death, resignation, or
disability of the Governor, the
Lieutenant Governor shall ex
ercise the executive power and
receive the compensation of the
Governor until the next general
election for members of the
General Assembly, at which a
successor to the Governor shall
be elected for the unexpired
term; but if such death, resig
nation, or disability shall occur
j within thirty days of the next
■ general election, or if the term
i will expire within ninety days
after the next general election,
the Lieutenant Governor shall
exercise' the executive power
and receive the compensation
of the Governor for the unex
pired term. If the Lieutenant
Governor shall become a can
i didate for the unexpired term
of the Governor, he shall there
j by resign his office as Lieulen
: ant Governor, effective upon
j the qualification of the Govern
or elected for the unexpired
I term, and his successor for the
unexpired term shall be elect
ed at such election. In case of
the death, resignation, or dis
ability of both the Governor
and the Lieutenant Governor,
the Speaker of the House of
Representatives shall exercise
the executive power until the
removal of the disability or the
election and qualification of a
Governor at a special election,
which shall be held within six
ty days from the date on which
the Speaker of the House of
Representatives shall assume the
executive power. A Lieutenant
Governor shall be elected at the
general election in 1946 and
shall qualify at the same time
as the Governor. Until the qual
ification of a Lieutenant Gov
ernor the provisions of Article
V, Section I, Paragraph VIII of
the Constitution of Georgia of
1877 shall remain of full force
and effect.
Paragraph VIII. Unexpired
terms, filling of. The General
Assembly shall have power to
provide by law, for filling unex
pired terms by special elections,
except as provided in this Con
stitution,
Paragraph IX, Oalh of office.
The Governor shall, before he
| enters on the duties of his of
j lice, take the following oath or
affirmation: "I do solemnly
swear (or affirm, as the case
may be) that I will faithfully
execute the office of Governor
of the State of Georgia, and will,
to the best of my ability, pre
serve, protect, and defend the
Constitution thereof, and the
Constitution of the United
States of America.”
Paragraph X. Commander-in
j chief. The Governor shall be
] commander-in-chief of the army
j and navy of this State, and of
the militia thereof.
Paragraph XI. Reprieves and
pardons; State Board of Pardons
! and Paroles. The Governor shall
j have power to suspend the ex
ecution of a sentence of death,
after conviction for offenses
against the State, until the State
[ Board of Pardons and Paroles
; hereinafter provided, shall have
j an opportunity of hearing the
application of the convicted per
son for any relief within tha
power of such Board, or for any
