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PAGE FOUR
Cilher purpose which may be
deemed necessary by the Gov
ernor. Upon conviction foi
treason the Governor may only
suspend the execution of the
sentence and ieport the case to
the General Assembly at the
next meeting theieof. when the
Genoa! Asn mbly shall eithei
pardon, commute the sentence, j
direct its execution or grant a
further reprieve. The Governoi j
shall, at each session of the
General Assembly, communicate
to that body each case of sus-j
pension of sentence, stating the j
name of the convict, the offense
for which he was convicted, thr
sentence and its date, the date |
ol the reprieve or suspension.!
and the reasons for granting the |
fJi mc. Il< shall take care that
the laws are faithfully executed. I
and shall be a conservator of thr
peace throughout thr Stale ,
Thr u shall be a State Board of
Pardons and Paroles composed |
of three members, who shall be
appointed bv thr- Governor and
confirmed by the Senate, Ap
pointments made at times when
the Senate is not in session
shall be effective ad interim.
Thr first members shall be ap
points! for terms of three, five,
and seven years, respectively, to
hi designated by the Governor,
and all subsequent appoint
ments shall be for a period of
s< ven years, except in case of an
unexpired term. The Governor
shall not be a member of the
Stair- Boat rl of Pardons and
Paroles. The members of the
State Board of Pardons and
Paroles shall each receive an an
nual salary of $5,000.00, payable
monthly. Tlu- State Board ol
Pardons and Paroles shall have
power to grant reprieves, par
dons and paroles, to commute
penalties, remove disabilities
imposed bv law, and may remit
any part of a sentence for any
offense against the Stale, allei
conviction except in cases of
treason or impeachment .and ex
cept in cases in which the Gov
ernor refuses to suspend a sen
tence of death. Provided that
such board shall act on all ap
plications within 90 days from
the filing of same, and in all
cases a majority shall decide the
action of the Board. Except if
any member for any cause is un
able to serve in any case in
volving capital punishment, the
Governor shall act as the third
member of said Board and the
action so taken in such instance
shall be by unanimous vote. The
State Board of Pardons and
Paroles shall at each session of
the General Assembly com
municate to that body in full de
tail each case of pardon, parole,
commutation, removal of dis
abilities in remission of sen
tences granted, stating the name
of the convict, the offense tor
which he was convicted, the
sentence and its date, the dale
of (he pardon, parole, commuta
tion, removal of disabilities or
remission of sentence and the
reasons for granting the same,
and the State Board of Pardons
and Paroles may make rules and
regulations as may be author
ized by law. The first Board of
Pardons and Paroles under this
provision may be those in office
under an act of the General
Assembly creating such a Board
existing at the time of the adop
tion of this amendment, which,
it so existing shall be in lieu of
such a Board to be created by
the General Assembly subse
quent to the adoption of this
amendment, and which Board
shall have all the rights, privi
leges. powers, and duties the
same as if it was so subsequently
created, and the terms of mem
bers of such Board shall date
from the time specified in the
existing Act of the General As
sembly. The General Assembly
may enact laws in aid of, but
not inconsistent with. this
amendment.
Paragraph XII Writs of elec
tion; called sessions of the Gen
eral Assembly. The Governor
shall issue writs of election to
till all vacancies that mav hap
pen in the Senate and the House
of Representatives, and shall
give the General Assembly,
from lime to time, information
the State- of the Common
wealth. and recommend to their
consideration such measures as
he may deem necessary or ex
pedient. The Governor shall
have power to convoke (he Gen
eral Assembly on extraordinary
occasions, but no law shall be
enacted at called sessions of the
General Assembly, except, such
us shall relate to the object
stated in his proclamation con
vening them; Providing that
such called sessions of the Gen
eral Assembly shall not exceed
days in length, unless at the
expiration of said period there
shall be pending an impeach
ment trial of some officer of the
Male Government in which the
General Assembly will be au
thorized (o remain in session
until such trial shall have been
completed.
Provided, however, that when
three-fifths of the members
elected to lh< House of Repre
sentatives and three-fifths of the
members elected to the Senate
shall have certified to the Goy- j
ernor of the Stale of Georgia
that in their opinion an emer- 1
gency exists in the affairs of the
State of Georgia, it shall there--
upon be the duty of said Gov- 1
i ernor and mandatory upon him. I
j within five days from the re-|
; ccipt of such certificate or cer
j tificates, to convene said Gen
eral Assembly in extraordinary!
session for all purposes: and in
llhe event said Governor shall,
within said time. Sundays ex-;
j eluded, fail or refuse to convene
| raid General Assembly as afore
i said, then and in that event said
; General Assembly may convene.
itself in extraordinary session,
as if convened in regular session |
j for all purposes, provided that |
such extraordinary, self con- j
j vened session shall be limited to
; a period of 30 days, unless at
j the expiration of said period.!
! there shall he pending an im-1
i peachment trial of some officer |
|of the State Government, in
| which event the General Assent- j
bly shall be authorized to re
] main in session until such trial
shall have been completed.
The members of the General,
Assembly shall receive the same I
| per diem and mileage during!
! such extraordinary session as is
now or may be hereafter pro- j
! vided.
Paragraph XIII. Fillinq va
cancies. When any office shall
| become vacant, by death, re
: signal ion, or otherwise, the Gov-
I ernor shall have power to fill
| such vacancy, unless otherwise
j provided by law; and persons so j
appointed shall continue in of-]
fice until a successor is com- j
missioned, agreeably to the
mode pointed out bv this Consti-j
tut ion, or by law in pursuance]
thereof.
Paragraph XIV. Appointments
rejected. A person once rejected
by the Senate, shall not be re- j
| appointed by the Governor to j
the same office during the same]
I session, or the recess thereafter.
Paragraph XV. Governor's
! veto. The Governor shall have;
I the revision of all bills passed!
, by the General Assembly be
fore the same shall become laws, j
but two-thirds of each house
may pass a law notwithstand-1
, ing his dissent; and if any bill j
I should not be returned by the
, Governor within five days (Sun
, day excepted) after it has been
. presented to him, the same shall
I be a law; unless (he General
r Assembly, by their adjournment,
shall prevent its return. He
may approve anv appropriation,
and disapprove any other ap
; propriation, in the same bill,
and (he latter shall not be ef
fectual. unless passed by two
, thirds of each house.
Paragraph XVI. Governor to
approve resolutions, etc. Every
vote, resolution, or order, to
which the concurrence of botli
houses may be necessary, except
on a question of election or ad
; journment, shall be presented
I to the Governor, and before it
shall take effect be approved bv
i him, or, being disappioved. shall
, he repassed by two-thirds of
! each house, provided, however,
, that nothing contained in this
I Article shall be construed to
confer on the Governor the
right to veto or enter his dis
? approval of any proposal made'
by the General Assembly to!
amend this Constitution.
Paragraph XVII. Information
j from officers and employes; sus
pension of officers. The Gov
ernor may require information
in writing from Constitutional
officers, department heads, and
all State employes, on any sub
ject relating to the duties of
their respective offices or em
ployment. The General Assem
' hlv shall have authority to pro
vide by law for the suspension
of anv Constitutional officer or
department head from the dis
charge of the duties of his of-
I (ice, and also for the appoint
ment of a suitable person to dis
> | charge the duties of (he same.
Section 11.
Other Executive Officers.
| Paragraph I. Executive Offi
cers, How Elected. The Secre
-1 tary of State, Attorney Gen
eral, State School Superintend
ent, Comptroller General, Treas
' urer. Commissioner of Agricul
, ture, and Commissioner of La
bor shall be elected by the per
sons qualified to vote for mem
bers of the General Assembly at
the same time, and in the same
manner as the Governor. The
1 provisions of the Constitution as
to the transmission of the re
turns of the election, counting
the votes, declaring the results,
deciding when there is no elec
tion, and when there is a con
! tested election, applicable to the
election of Governor, shall ap
ply to the election of the above
named executive officers; they
shall be commissioned by the
Governor and hold their offices
for the same lime as the Gov
ernor.
Paragraph 11. Duties. Au
thority, and Salaries of Other
j Executive Officers. The General
I Assembly shall have power to
CONSTITUTIONAL AMENDMENTS
prescribe the duties, authority,
and salaries of the executive of
ficers, and to provide help and
expenses necessary for the op
eration of the department of
each.
Paragraph 111. Profit From
Use of Public Money. No State
1 official shall be allowed, direct
ly or indirectly, to receive any
fee, interest, or reward from any j
person, bank, or corporation, for,
, the deposit, or use, in any man-,
ner, of the public funds, and Inc,
General Assembly shall enforce 1
| this provision by suitable penal
ties.
Paragraph IV. Qualifications.
No person shall be eligible to ■
. the office of the Secretary of
: State, Attorney General, State
| School Superintendent, Comp-j
i troller General, Treasurer, Com-i
I missioner of Agriculture, and;
| Commissioner of Labor, unless j
he shall have been a citizen of
j the United States for ten years,
■ and shall have resided in this
j State for six years next preced
ing his election, and shall be
twenty-five years of age when
elected. All of said officers shall
give bond and security, under
regulation to be prescribed by
' law. for the faithful discharge
1 of their duties.
Paragraph V. Fees and Per
quisites Denied. No State offi-
I cial named in Paragraph I of
this Section shall be allowed
I any fee, perquisite or compensa
tion other than their salaries as
prescribed by law. except their
necessary expenses when absent
from the seat of government on
business for the State.
Section 111.
Paragraph I. Great seal; what
constitutes; custody; when af
fixed to instruments. The great
I seal of the State shall be depos-
J ited in the office of the Secre-
I tary of State and shall not be
[ affixed to any instrument of
I writing except by order of the
Governor or General Assembly,
j and that now in use shall be the
[ great seal of the State until oth
. erwise provided by law.
Section IV.
Paragraph I. Game and Fish
Commission. There is hereby
created a State Game and Fish
Commission. Said Commission
shall consist of one member
! from each Congressional Dis
trict in this State, and one addi
tional member from one of the
following named counties, to
wit: Chatham, Bryan, Liberty,
Mclntosh, Glynn, or Camden.
The first members of the Com
mission shall consist of those in
office at the time this Constitu
tion is adopted, with terms pro
vided by law. Thereafter, all
succeeding appointments shall
be made by the Governor and
confirmed by the Senate for a
term of seven years from the
expiration of the previous term.
All members of the Commission
shall hold office until their suc
cessors are appointed and quail
lied. Vacancies in office shall be
tilled by appointment of the
Governor and submitted to the
Senate for confirmation at the
next session of the General As
sembly after the making of the
appointment.
The Commission shall have
such powers, authority, duties,
and shall receive such compens
ation, and expenses as may be
delegated or provided for by the
General Assembly.
Section V.
State Board of Corrections.
Paragraph I, Slate Board of
Corrections; How Composed,
Director. There shall be a State
Board of Corrections composed
of five members in charge of the
State Penal System. The Board
shall have such jurisdiction,
powers, duties and control of
the State Penal System and the
inmates thereof as shall be pro
vided by law. The Board shall
elect a Director of Corrections
who shall be the executive offi
cer of (he Board. The Board of
Corrections shall be appointed
by the Governor with the con
sent of the Senate. The first ap
pointment shall be for terms of
one. two. three, four and five
years and (heir successors shall
be appointed for terms of five
[ years each. The compensation
of the Director and members of
the Board shall be fixed by law.
Section VI.
State Department of Veterans
Service.
Paragraph I. Veterabs Serv
ice Board: How Composed; Di
rector. There shall be a State
Department of Veterans Service
and Veterans Service Board
composed of seven members,
who shall have such control,
duties, powers and jurisdiction
of the Stale Department of Vet
erans Service as shall be pro
vided by law. Said Board shall
appoint a director who shall be
the executive officer of the De
partment. Members of the
Board shall be appointed by the
Governor with the advice and
consent of the Senate and all
members of the Board and the
Director shall be veterans of
some war in which the United
States has engaged.
The first appointments shall
be for teims of one. two, three.
lour five, six and seven years.
Thereafter all terms and ap
pointments .except in case of va
cancy. shall be for seven years.
Vacancies shall be filled by ap
pointment of the Governor,
ARTICLE VI.
Judiciary.
Section I.
Paragraph I. Courts Enumer
ated. The judicial powers of this |
State shall be vested in a Su
preme Court, a Couit of Ap
peals. Superior Courts, Courts
of Ordinary. Justices of the
Peace, Notaries Public who are
ex-officio Justices of the Peace,
and such other Courts as have
been or may be established by
i law.
Section 11.
Paragraph I. Supreme Court
Justices; Quorum. The Supreme;
Couit shall consist of seven as- |
sociate justices, who shall from)
time to time as they may deem [
proper, elect one of their mem
ber as Chief Justice, and one as
Presiding Justice: the office of
Chief Justice as it has hereto
fore existed under this Consti
tution being hereby converted
into the office of an associate
justice, with the same right of
incumbency and the same suc
cession as to terms, as applied to
the former office. The Chief
Justice so elected by the other
Justices shall be the chief pre
siding and administrative officer
of the court, and the Presiding
Justice, elected in like manner,
shall perform all the duties de
volving upon the Chief Justice,
when he is absent or disquali
fied. A majority of the court
shall constitute a quorum.
Paragraph 11. Court to Desiq-i
nate Judqes to Preside, When:
Means for Supreme Court to
Prevent Delay in Congested
Dockets. When one or more of
the Justices of the Supreme
Court are disqualified from de
ciding any case by interest or
otherwise, the qualified Jus
tices shall designate a judge or
judges of the Superior Court to
preside in said case, provided,
that if all the justices are dis
qualified, they or a majority of
them shall, despite their dis
qualification, select seven judges
of the superior court to preside
in the cause, but they shall make
such selections by lot. and in
open court from not less than
twelve names of such superior
court judges.
Paragraph 111. Terms of Of
fice. The Justices aforesaid
shall hold their offices for six
years, and until their successors
are qualified. They shall be
elected by the people at the
same time and in the same man
ner as members of the General
Assembly: provided, that the
successors to the two incum
bents whose terms will expire
on December 31, 1946, shall be
elected tor the succeeding terms
at the time of electing mem
bers of the General Assembly
during that year; successors to
the two incumbents whose terms
will expire on December 31,
1948, shall be elected in like
manner during that year; suc
cessors to the two incumbents
whose terms will expire on Dec, I
31, 1950, shall be elected in like
manner during that year and
provided further that an addi
tional or seventh Justice shall
be immediately appointed by
the Governor, his tenure under
such appointment to expire on
December 31, 1946, and his suc
j cessor for the ensuing regular
term of six years to be elected
at the time and in the manner
aforesaid at such general elec
tion to be held during that year;
and all terms (except unexpired
terms) shall be for six years. In
case ot any vacancy which
causes an unexpired term, the
same shall be filled by execu
tive appointment, and the per
son appointed by the Governor
shall hold his office until the
next, iegular election, and until
ms successor for the balance of
the unexpired term shall have
been elected and qualified. The
returns of such elections shall
be made to the Secretary ot
Slate, who shall certify the re
sult to the Governor, and com
mission shall issue accordingly.
Paragraph IV. Jurisdiction of
Supreme Court, The Supreme 1
Lourt shall have no original jur-
Jsdiction but shall be a court
alone for the trial and correc
tion of errors of law from the
superior courts and the city
courts of Atlanta and Savannah
as existed on August 16, 1916,
and such other like courts as
have been or may hereafter be
established in other cities, in all
cases that involve the construe
on. of , t i3, e Constitution of the
Georgia or of the Unit
ed States, or of treaties between
the United States and foreign
governments; in all cases in
which the constitutionality of
any law of the State of Geor
gia oi of the United Stales, is
drawn in question; and, until
otherwise provided by law in
all cases respecting title to land;
in all equity cases; in all cases
which involve the validity of or
the construction of wills; in all
cases of conviction of a capital
Thursday. June 14. if> 4s
felony; in all habeas C or DU ,
cases; in all cases involving ex*
traordmary remedies; in ail Hi
voice and alimony cases, and in
all cases certified to it bv il
Court of Appeals for Its deter
mmation. It shall also be com'
potent for the Supreme Coun
to. require by certiorari or other
wise any case to be certit ed o'
the Supreme Court from ti e
Couit of Appeals for review
determination with the ,
power and authority as h"T
Se *l ad a bee > 1 carried by writ f
error to the Supreme Court Anv
case carried to the Q., r
CO h U I OI K t( ? the Cou, t of Appe'k 6
which belongs to the C f ,
which the other court has {urU*
diction, shall, until nthJ
provided by law be tranlf ' Vl^
to the other court under ‘nch
tules as the Supreme Coun n
I prescribe, and the cases -o w
erred shall be hea.d and m'
ter mined by the court which
jurisdiction thereof. The vS s
eral Assembly may provide h -
carrying cases or certain . l
of cases to the Supreme (w, *
and the Court of Appeals
the trial courts otherwise than
by writ of error, and may p,?
scribe conditions as to the right
of a party litigant to have h
case reviewed by the Supreme
Louit 01 Court of Appeals The
Supreme Court shall also have
jurisdiction of and shall dec de
cases transferred to it bv the
Court of Appeals because of an
equal division between the
judges of that Court when ‘it!
Ihf determine.
Paragraph V. Cases, how dis.
posed of. The Supreme Court
and the Court of Appeal* Jh'll
dispose of every case at the
[ erm for which it is entered on
the court’s docket for hearing
as provided by Paragraph VIII
of this Article and Section or at
the next term. If the plaintiff
in error shall not be prepared to
prosecute the case at the term
tor which it is so entered for
hearing, unless prevented by
providential cause, it shall l, e
stricken from the docket and the
judgment below shall stand af
firmed. No writ of error shall
be dismissed because of rielav
in transmission of the bill o| ex
ceptions and the copy ot the
record, or either of them re
sulting from the default of the
clerk or other cause, unless it
shall appear that the plaintiff i n
error or his counsel caused such
delay. Nothing herein shall be
construed to excuse the clerk for
any omission of duty or to re
lieve him of any liability result
ing therefrom.
Paragraph VI. Judgments
may be withheld. In any case
the Court may in its discretion
withhold its judgment un*i| the
next <erm after the same is
argued.
Paragraph VIT. The Sup erne
Court; how cases to be h-ard
and determined. The Supreme
Court shall have power to hear
and determine cases when* sit
ting in a body, under such reg
ulations as may be prescribed
by it.
Paragraph VIIT. Court of Ap
peals. The Court of Appeals
shall consist of the Judge, pro
vided therefor by law at the
time of the ratification ol this
amendment, and of such ddi
-1 tonal Judges as the Genera! As
sembly shall from time to time
prescribe. All terms of the
Judges ol the Court of Appeals
after the expiration of the'- terms
of the Judges provided for bv
aw at the time of the ratifica
tion of this amendment, except
unexpired terms, shall continue
six years, and until their suc
cessors are qualified. The
times and manner of electing
Judges and the mode of filling a
vacancy which causes an unex-
Pired term, shall be the same as
jV e or may be provided for by
the laws relating to the election
and appointment of Justices of
the Supreme Court. The Couit
of Appeals shall have jurisdic
tion for the trial and correction
of errors of law from the su
perior courts and from the City
Courts of Atlanta and Savan
nah. as they existed on August
1916, and such other like
courts as have been or mav hei e
after be established in other cit
ies, in all cases in which such
jurisdiction has not been con
ned by this Constitution upon
the Supreme Court, and in such
otaer cases as may hereafter be
prescribed by Jaw; except that
where a case is pending in the
Court of Appeals and the Couit
of Appeals desires instruction
horn the Supreme Court, it may
certify the same to the Supreme
Court, and thereupon a trans
cript of the record shall be
transmitted to the Sup erne
CourC which, after having af
forded to the parties an oppor
tunity to be heard thereon, shall
instruct the Court of Appeals on
the question, so certified, and (he
Court of Appeals shall be bound
bv the instruction so given. But
if by reason of equal division of
opinion among the Justices of
the Supreme Court no such in
struction is given, the Court <. f
