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PAGE EIGHT
their appointment. No person,
employed in a professional ca- 1
pacitv by a private or public
education institution, or by the
State Department of Education,!
shall be eligible for appointment
or to serve on saidUßoard. No
person who is or has been con
nected with or employed by a
school book publishing concern
shall be eligible to membership
on the Board, and if any person
shall be so connected or em-;
ployed after becohiing a mem-'
her of the Board, his place shall
immediately become vacant.
said State Board of Edu
cation shall have such powers!
and duties as provided by law
and existing at the time of the
adoption of this Constitution,'
together with such further pow
ers and duties as may be here-!
after provided by law.
Sec'ion 111.
Paragraph I. State School
Superintendent: election, lerm,
etc. There shall be a Slate
School Superintendent, who
fii ill ho (he executive officer of
the State Board of Education. I
elected at the sain ■ time and in
the same manner and for the
same term as that of Governor.
The Slate School Superintend-!
cut shall have such qualifica
tions and shall he paid such
compensation as may he fixed
hv law. No member of said
Board shall he eligible for elec- ,
tion as Stale School Superin
tendent during the time for
which he shall have been ap-1
pointed-
Section IV.
Paragraph I. University Sys
tem of Georgia; Board of Re
gen's. There shall be a Board j
of Regents of the University t
System of Georgia, and the gov-1
ernment, control, and manage
ment of the University System j
of Georgia and all of its institu
tions in said System shall be |
vested in said Board of Regents
of the University System of
Georgia. Said Board of Regents
of the University System of
Georgia shall consist of one
member from each Congression
al District in the State, and five
additional members from the
State-at-large, appointed by the!
Governor and confir med by the
Senate. The Governor shall not
he a member of the said Board,
1 he first Board of Regents un
der this Constitution shall con
sist of those in office at the
time this Constitution is adopt
ed. with the terms provided by
law. Thereafter all succeeding!
appointments shall be for seven 1
year terms from the expiration
of Ihe previous term. Vacan
cies upon said Board caused bv
expiration of term of office shall
he similarly filled by appoint
ment and confirmation. In case
of a vacancy on said Board Wy
death, resignation of a member,
or from any other cause other
than the expiration of such mem
ber's term of office, the Board
shall by secret ballot elect his
successor, who shall hold office
until the end of the next session
°f the General Assembly, or if
tiie General Assembly be then in j
session to the end of that ses- i
sjon. During such session of the i
General Assembly the Governor
shall appoint tlie successor mem
ber of the Board for the unex
pired term and shall submit his
name to the Senate for con
firmation. All members of the
Board of Regents shall hold of
fice until their successors are
appointed. The said Board of
Regents of the University Sys
tem of Georgia shall have the
powers and duties as provided
bv law existing at the time of
tna adoption of this Constitu
tion. together with such fur
' ther powers and duties as may
be hereafter provided by law.
Section V.
Paragraph I. County System;
Board of Education; election,
fertrp etc. Authority is granted!
to Counties to establish and]
maintain _ public schools within'
their limiis. Each County, ex
clusive of any independent
School system now in existence
in a County, shall compose one
School district and shall be con
fined to tiie control and man
agement of a County Board of
Education. The Grand Jury
of each Count\’ shall select from
the citizens of their respective
Counties five freeholders, who
shall constitute the County
Board of Education, Said mem
hers shall be elected for the
term of five years except that
the first election of Board mem
hers under this Constitution
Shall be for such terms that will
provide for the expiration of
the term of one member of the
County Board of Education each
year. In case of a vacancy on
said Board bv death, resignation
of a member, or from any other
cause other than the expira
tion of such member’s term of
office, the Board shall by se
cret ballot elect his successor,
who shall hold office until the ;
next Grand Jury convenes at
which time said Grand Jury I
v v. 4 My ui mcviH'.nn.Y Hfiu m
trust for the e;cclusi';n benefit
or. religious, ed’ificational and !
shall appoint the successor
member of the Board for the
unexpired term. The members
of the County Board of Educa
! tion of such County shall be se-
I lected from that portion of the,
'County not embraced within
the territory of an independent
! school district.
The General Assembly shall
I have authority to make provis- j
ion for local trustees of each j
‘school in a county system and
j confer authority upon the.m to
make recommendations as to !
budgets and employment of \
, teachers and other authorized
! employees.
Section VI.
Paragraph I. County School
Superintendent; election, term,
etc. There shall he a County]
School Superintendent, who]
I shall be the executive officer
of the Countv Board of Educa-1
! tion. He shall be elected bv the
people and his term of office 1
shall be for four years and run
; concurrently with other county
! officers. The qualifications and
the salary of the County School
Superintendent shall he fixed
by law.
Section VII.
Paragraph I. Independent
systems continued; new system*
orohibiled. Authority is here
by granted to municipal corpo
tations to maintain existing in
dependent school systems, and
! support the same as authorized
by special or general law, and
such existing systems may add
] thereto colleges. No independ
ent school system shall here
' after be established.
Section VIII.
Paragraph I. Meeting* of
Boards of Education. All offi
cial meetings of County Boards
of Education shall be open to
] the public.
Section IX.
Paragraph I. Contracts for
care of pupils. County Boards
of Education and independent
school systems may contract
with each other for the educa
tion. transportation and care of
pupils.
Section X.
Paragraph I. Certain systems
protected. Public school systems
established prior to the adop
tion of the Constitution of 1877
shall not be affected by this
Constitution.
Section XI.
Paragraph I- Grants, beguests
and donations permitted. The
State Board of Education and
| the Regents of the University
System of Georgia may accept
bequests, donations and grants
of land, or other property, for
the use of their respective sys
tems of education.
Paragraph 11. Grants, bequests
and donations to county Boards
of Education and independent
school systems. County Boards
of Education and independent
school svstems may accept be
quests, donations and grants of
land, or other property, for the
use of their respective systems
of education.
Section XII.
| Paragraph I. Taxation by
i countie* for education. The
fiscal authority of the several
Counties shall levy a tax for the
support and maintenance of
education not less than five
mills nor greater than fifteen
mills (as recommended bv the
Countv Board of Education)
upon the dollar of all taxable
property in Hie Countv located
outside independent school sys
tems. The independent school
system of Chatham County and
the Citv of Savannah, being co
extensive with said County. I
th* levy of said tax shall be on
all property in said County as
recommended by th# governing
body of said system.
ARTICLE IX.
Homesteads and Exemption*.
Section I.
! Paragraph I. Amount ol
j homestead and exemptions.
There is hereby exempt from.
levy and sale, by Virtue of any i
process whatever under the |
laws of this State, the property
of every head of a family, or
guardian, or trustee of a family,
of minor children, or every I
aged or infirm person, or per-]
son having the care and sup
port of dependent females of
any age. who is not the head of!
a family, realty or personalty, j
or both, to the value in the ag-'
firegate of sixteen hundred dol
lars; and the General Assembly
shall have authority to provide
the manner of exempting said
property, the sale, alienation
and encumbrance thereof, and
to provide for the waiver of
said exemption by the debtor.
Paragraph 11. Homestead and
exemption laws continued. The
laws now of force with respect
to homestead and exemptions
shall remain in full force until I
changed hv law.
ARTICLE X.
Militia
Section I.
1 Paragraph L Organization ol
I mi tins diciiv, tuts uuiiiiiiuu vui-1
ing stock of a subsidiary cor
poration aot doing business in |
CONSTITUTIONAL AMENDMENTS
Militia. A well regulated mi
litia being essential to the peace
and security of the State, the
General Assembly shall have
authority to provide by law
how the militia of this State
shall be organized, officered,
trained, armed and equipped;
and of whom it shall consist
Paragraph 11. Volunteers,
The General Assembly shall
have the power to authorize the
formation of volunteer com
panies. and to provide for their
organization into battalions,
regiments, brigades, divisions
and corps, with such restrictions |
as may be prescribed by law. |
and shall have authority to arm
and equip the same.
Paragraph 111 Pay of mililia
and volunteers. The officers and >
men of the militia and volun- {
teer forces shall not be entitled !
to receive any pay, rations, or
emoluments, when not in active
service by authority of the
State.
ARTICLE XI.
Counties and Municipal
Corporations.
Section I.
Paragraph I. Counties a cor
porate body; boundaries. Each
county shall be a body corpo
rate with suoh powers and lim
itations as may be prescribed by
law. All suits by or against a
county shall be in the name
thereof: and the metes and
bounds of the several counties
shall remain as now prescribed
by law. unless changed as here
inafter provided.
Paragraph 11. Number limit
ed. There shall not be more
than on* hundred and fifty-nine
counties in this State.
Paragraph 111. New counties
permitted when. No new coun
tv shall be created except by
the consolidation or merger ol
existing counties.
Paragraph IV. Consolidation
of counties; method. The Gen
eral Assembly shall have the
power, with the concurrence of
two-thirds of the qualified vot
ers of each of the counties to be
affected who participate in elec
tions held for that purpose, to
provide for the consolidation ol
two or more counties into one,
or the merger of one or more
counties into another, or the
division of a county, and the
merger of portions thereof in
o other counties.
Paragraph V. Dissolution ol
counties; method. Any county
may be dissolved and merged
with a contiguous county or
counties by two-thirds of the
qualified voters of each of the
counties affected who partici
pate in elections held for that
purpose.
Paragraph VI. County gov
ernments uniform; exceptions.
Whatever tribunal, or officers,
may be created by the General
Assembly for th* transaction of
county matters, shall be uni
form throughout the State, and
of the same name, jurisdiction,
and remedies, except that the
General Assembly may provide
for Commissioners of Roads and
Revenues in any county, may
abolish the offic* of County
Treasurer in any county, may
fix the compensation of County
Treasurers, and mav consolidate
the offices of Tax Receiver and
Tax Collector in the office ol
Tax Commissioner, and may fix
his compensation, without re
spect to uniformity.
Paragraph VII. Consolidation
of governments; submission to
j voters. The General Assembly
may provide by general law op
tional systems of consolidated
county and municipal govern
ment, providing for the organi
zation and the powers and du
ties of its officers. Such op
tional systems shall become ef
fective when submitted to the)
qualified voters of such county
and approved by a maiority ol
those voting.
Paragraph VIII. County lines.
I County lines shall not be chang
ed. unless under the operation
of a general law for that pur
pose.
Paragraph IX. County sites
changed; method. No countv
site shall be changed or remov
ed. except by a two-thirds vote
of the qualiifed voters of the'
county, voting at an election!
held for that purpose and bv j
a maiority vote of the General
Assembly.
Section 11.
Paragraph I. County officers:
election; term; removal; eligi
bility. The county officers shall j
be elected by the qualified vot
ers of their respective counties!
or districts, and shall hold their
office for four years. Thev shall
be removed upon conviction for
malpractice in office; and no
person shall be eligible for any
of the offices referred to in this
paragraph unless he shall have
been a resident of the county
for two years and is a qualified
voter.
Paragraph IL Compensation
licvc uuc diiau nut cacccu. aa*. vaiv, i
five hundred thou
sand dollars, and any loan made I
of county officers. County of
ficers mav be on a fee basis,
i salary basis, or fee basis supple
mented by salary, in such man
ner as mav be directed by tew.
ARTICLE XII.
The Laws of General Operation
in Force in This State.
Section I.
Paragraph I. Supreme law
The laws of general operation
in this Slate are, first: As the
Supreme law: The Constitution
| of the United States, the laws of
(he United States in pursuance
i Iherof and all treaties made un
der authority of the United
! States.
Paragraph 11. Second in au
thority. Second. As next in
| authority thereto; This Consti-1
! tution.
Paragraph 111. Third in au
thority. Third. In subordina
tion to the foregoing; All laws
now of force in this State, not
I inconsistent with this Consti
j tution shall remain in force
until the same are modified or
1 repealed by the General As
| sembly.
Paragraph IV. Local and pri
vate acts. Local and private
acts passed for the benefit of
counties, cities, towns, corpora
tions and private persons, not
inconsistent with the Supreme
law. nor with this Constitution
and which have not expired nor
been repealed, shall have the
force of Statute law, subject to
judicial decision as to their
validity when passed, and to
anv limitations imposed by
their own terms.
Paragraph V. Proceedings of
courts confirmed. All judg- i
ments, decrees, orders, and I
t other proceedings, of the several
courts of this State, heretofore!
made within the limits of their
several jurisdictions, are here
by ratified and affirmed, subject
onlv to reversal by motion for
a new trial, appeal, bill of re-
I view or other proceedings, in
' conformity with the law of force
when they were made.
Paragraph VI. Existing offi
cers. The officers of the Gov
ernmet now existing shall con
tinue in the exercise of their
several functions until their
successors are duly elected or
appointed and qualified. But
nothing herein is to apply to
any officer, whose office may
be abolished by this Constitu
tion,
ARTICLE XIII.
Amendments to the Constitute .
Section I.
Paragraph I. Proposed by
General Assembly; submission
to people. Any amendment or
amendments to this Constitu
tion may be proposed in the
Senate or House of Represen
tatives and if the same shall be
agreed tq by two-thirds of the
members elected to each of the
two houses, such proposed
amendment or amendments
shall be entered on their
journals, with the veas and nays
taken thereon. The General
Assembly shall cause such
amendment or amendments to
be published in one or more
newspapers in each Congres
sional District, for two months
previous to the time of holding
the next general election at
which election members of the
General Assembly are chosen:
and if such proposed amend
ment directly affects only one
or more political subdivisions of ,
i the State, then it shall also be
advertised in the area to be
directlv affected thereby, and I
shall also provide for a submis-;
sion of such proposed amend-
I ment or amendments to the
people at said next general
election, and if the people shall
ratify such amendment or
amendments, by a majority of
! the electors qualified to vote
for members of the General
I Assembly voting thereon, such
amendment or amendment?
; shall become a part of this
Constitution: provided that if
the proposed amendment is not
one that directlv affects the
whole State, but only one or
more subdivisions thereof, said
amendment shall not become a
, part of this Constitution unless
it receive both a majority of the
electors qualified to vote voting
thereon in the State as a whole,
and also a maiority of the elec
j tors qualified to vote voting
] thereon in the particular sub
division or subdivisions affect
ed. When more than one
amendment is submitted at the
same time they shall be so sub
mitted as to enable the electors
|to vote on each amendment
j separately.
Paragraph 11, Convention, how j
called. No convention of the l
people shall be called by the
General Assembly to revise,
amend or change this Constitu
tion, unless by the concurrence
of two-thirds of all members of
each house of the General As
sembly. The representation in |
said convention shall be based
on population as near as ptac-1
ticable. This constitution shall 1
j applied to the payment of the 1
I bonds for which said railroad I
, changed f by l the' Comf 'I
• til the proposed' enti ° n anJ
■ amendment, or ch™ 1 vision.
• submitted and ratiff? d h * S be s
people in the manner .“ Y -
ifor submission and - J;, l kle tf
of amendments Proposition
General Assembly dbv
Paragraph 111
milted. The Governor n °* i
■ have , the right to veto n °'
posal bv the General a Dr °-
to amend the Constitutton^
ARTICLE XIV
Merit System.'
Section I,
Paragraph I. stale p P
Board. A non-salarie*
Personnel Board cmin S . tat 9
j three citizens of this s t!f d
known interest in the imn®’ ol
ment of public adr ,‘ n J Dr ° v e*
shall administer a Sta
System under which itat- Men|
sonnel shall be selected 6
basis of merit, fitness l ond n t *
ciency according to j aw d t"
members of the State FW Th *
i Board shall be appointed by {I® 1
Governor with the advice of
Senate, The first VC or , the
shall be appointed 'for w!Il ber ‘
lhree ; five and seven yeS *
spectively, the terms to h!'
signaled by the Governor 6
subsequent appointments' stall
be for a period of seven V SS?
|*“ pt uneXDired terms.
State official 0 r employee shall
be a member of the State Per
sonnel Board. rer '
Paragraph ' 11. n Giir . m .
System Appropriation. u,
j General Assembly i s authorized
I to establish an so md
retirement system f or !
j ployees under a merit system
Adequate appropriations shall
, be provided for the operation o
I a me nt system and the St at.
Personnel Board. a *
ARTICLE XV.
Home Rule.
Section I.
Paragraph I, Uniform systemi
of county and municipal oov.
ernment. The General Assem- •
bI.V shall provide for uniform
systems of county and munici.
pal government, and provide foi
optional plans of both, anti shall
provide for systems of initia
tive, referendum and recall m
some of the plans for both coun
tv and municipal governments
I he General Assembly shall pro
vide a method by which a coun
ty or municipality may select
one of the optional uniform sys
tems or plans or reject any or
all proposed systems or plans
SECTION TWO.
Method of Submission.
That when this amendment
shall have been agreed to by
two-thirds of the member!
elected to each of the two
Houses of the General Assem
bly. the same shall be entered
on their journals with the
“ayes” and “nays" taken there
on and shall be published and
submitted to the people for rat
ification or rejection as on*
single amendment to the Con
stitution at the next General
Election in August. 1945. as pro
vided by law. Those voting in
favor of the ratification of the
amendment herein proposed
shall have written or printed on
their ballots the words “for the
amendment revising the Consti
tution.” Those voting a ainst
the ratification of the amend
ment herein proposed shall have
written or printed on their bal
lots the words “against
the amendment revising the
Constitution.” If a majority ol
i those voting vote for the
i amendment revising the Con
stitution when the results are
certified to the Governor, he
shall proclaim the amendment
revising the Constitution of 1877
as the revised Constitution of
Georgia.
ROY V. HARRIS.
Speaker of the House
of Representatives.
P. T. McCUTCHEN. JR..
Clerk of the House
of Representatives.
FRANK C. GROSS.
President of the Senate.
MRS. HENRY W. NEVIN.
Secretary of the Senate-
APPROVED: ELLIS ARNALL,
Governor.
This 9th day of March. 1945,
NOW. THEREFORE. I. EL,
LIS ARNALL. Governor of
Georgia, do issue this my pro
clamation hereby declaring that
the proposed foregoing amend*
ment revising the Constitution
of Georgia is submitted, fof
ratification or rejection, to tin
voters of the State qualified t 4
vote for members of the Gen
eral Assembly at the General
Election to be held on Tuesday.
August 7. 1945. .
IN WITNESSS THEREOF. I
■ have hereunto set my hand
the State Capitol. Atlanta.
Georgia, on this the Ist day
May. A. D., 1945. and caused thl
Great Seal of the State tt n*
hereto affixed.
ELLIS ARNALL,
Governor.
i By the Governor:
JOHN 3. WILSON.
I Secretary ol State.
] tion or individual except
I purely charitable purposes. H l ' 9
