Newspaper Page Text
NEW CONSTITUTIONAL AMENDMENT SUPPLEMENT OF
HOUSTON HOME JOURNAL
l J ERKY, GEORGIA. JULY 5. U)45
X PROCLAMATION
ui CoSuttn
Tr o"g : a of 1877 revising the
Such pro
* d ri amendment to be voted
P OS '. . ", General Election to be
. 194 9'
j-V lis ARNALL, Governor
S-ate of Georgia,
Executive Department
*Mav I* 1945.
wIIEREAS, by the votes of
ii irrts of the members
Tdei t’ each ot th, two
the General Assembly
i ; 1945 session proposed an
sin ‘iidnient to the Constitution
® th is State as set forth in a
Resolution approved March 9,
19 h'r°No- 11 Gov ‘ No ' 34
A RESOLUTION
Proposing (as one single
amendment) to amend the Con
stitution of the State of Geor-
V , o 1877 and all amendments
I "L.reof bv striking in their en
k-li Hy Article 1 (Bill of Rights),
A--- icle II (Elective Franchise),
Article HI (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
ticle 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 State), 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
a? follows: Article I (Bill of
■I Rights', Article II (Elective
■ Franchise), Article 111 (Legis
■ Jative Department), Article IV
I ' (Public Utilities, Eminent Do-
B main, Police Power, Insurance
B Companies, Contracts, dtc.), Ar-
B tide V (Executive Department),
B’ Article VI (Judiciary), Article
B VII (Finance, Taxation and
II Public Debt), Article VIII (Ed-
B ucation), Article IX (Homesteads
■ and Exemptions), Article X (Mi
■ litia), Article XI (Counties and
B Municipal Corporations), Ar-
B tide XII (The Laws of Gener-
I al Operation in Force in This
B Slate), Article XIII (Amend
■ ments to the Constitution), Ar
■ tide XIV (Merit System), and
B Article XV (Home Rule): and
B t° provide for the submission
B' °f the Amendment so proposed
■ as one Amendment to the quali-
B f' e( l voters of the State of
■ Georgia for ratification or re-
B jection at the General Election
B to be held in August, 1945.
H WHEREAS, the purpose of
H this single amendment is to co-
B ordinate the proposed substan-
B t‘ a * principles of organic law
■ into one subject matter of the
B Constitution; it being impractic-
B ® lj ie otherwise than in one sub-
B J ec t matter and one amendment
B Porfect the rearrangement
B sought; and to render unneces-
B ,at V the evil consequences of a
B P° r tion by portion adoption or
B rejection which would in case of
stoption 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
7 hat the Constitution of the
■ State of Georgia of 1877 and all
Amendments thereof appearing
H * ( tsr the Preamble, be and it
Hu, hereby proposed to be
■ •mended as one single amend
■ striking therefrom in
H*. ilr entirety Article I (Bill of
■ !:' ihtj ). Article II (Elective
■ franchise), Article HI (LegU
lative Department), Article IV
(Power of the General Assem
bly over Taxation), Article V
(Executive Department), Arti
cle VI (Judiciary), Article VII
(Finance, Taxation, and Public
Debt), Article VIII (Education),
Article IX (Homesteads and Ex
emptions), Article X (Militia),
Article XI (Counties aiv' Coun
ty Officers), Article XII (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
ernment, of right, originates
with the people, is founded up
on their will only, and is in
stituted solely for the good of
the whole. Public officers are
the trustees and servants of the
people, and at all times, amen
able to them.
Paragraph 11. Protection the
duty of government. Protection
t person and property is ths
panamount duty of government,
and shall be impartial and com
plete.
Paragraph 111. Life, liberty,
and properly. 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
i tain the testimony of his own
witnesses; shall be confronted
with the witnesses testifying
against him; and shall have a
public and speedy trial bj r an
impartial jury. *
Paragraph VI. Crimination of
self nol compelled. No person
shall be compelled to give tes
timony tending in any manner
to criminate himself
, 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
{ life or liberty more than once
| forbidden. No person shall be
i put in jeopardy of life, or lib
i erty, more than once for the
I same offense, save on his, or
; her own motion for a new' trial
t after conviction, or in case ol
s mistrial.
Paragraph IX. Bail, fines,
\ punishment; arrest, abuse of
t prisoners. Excessive bail shall
i not be required, nor excessive
■ fines imposed, nor cruel and un
usual punishment* 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
be molested in person or prop
erty, or prohibited from hold
ing any public office, or trust,
on account of his religibu- 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
and safety of the State.
Paragraph XIV. Appropria
tions to churches, sects, etc„
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 the press guaran
teed. No law shall ever be pass
ed to curtail, or restrain the
I 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,
seizures, and warrants. The right
of the people to be secure in
their persons, houses, papers,
and effects, against unreason
j able searches and seizures, shall
not be violated; and no war- j
rant shall issue except upon
probable cause, supported by |
oath, or affirmation, particular-1
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 State 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
civil authority shall be superior
to the military, and no soldier
shall, in time of peace, be quart
ered in any house, .without the
j consent of the owner, nor in
j time of war, except by the civ
il magistrate, ir such manner
' as may be provided by law.
Paragraph XX. Contempts,
j The power of the Courts to j
punish for contempt shall be '
limited by legislative acts.
Paragraph XXI. Imprison
ment for debt. There shall be
no imprisonment for debt.
Paragraph XXII. Arms, right
to keep and bear. The light 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,
iudicial, and executive powers,
cprrate. The legislative, judic
ial and executive powers shall
forever remain separate and
distinct, and no person dis- ■
charging the duti&s of one, shall, ■
, at the same time, exercise the i
j functions A either of the oth- j
j crs, excent u herein provided. 1
Paragraph XXIV. Right to
assemble and petition. The peo
ple have the right to assemble
peaceably for their common
good and to apply, to those vest
ed with the powers of govern
ment for redress of grievances
by petition or remonstrance.
Paragraph XXV. Citizen*,
protection of. All 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 th* full
enjoyment of the rights, priv
ileges and immunities due to
such citizenship.
Section 11.
Paragraph I. Libel; Jury In
criminal cases; now trials. In
all prosecutions or indictment*
for libel the truth may be giv
en in evidence; and the jury in
all criminal cases, shall be the
judges of the law anc the facts.
The power of the judges to grant
new trials, in case of conviction,
is preserved.
Paragraph 11, Treason. Treas
on against the State of Georgia,
shall consist in levying war
against her; adhering to her en
emies; giving them aid and com
fort. No person shall be convict
ed of treason except on the testi
mony of two witnesses to the
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
he a crime, and the General
Assembly shall enforce this pro
vision by suitable penalties.
Paragraph VI. Fraud; con
cealment of properly. The Gen
eral Assembly shall have the
1 power to provide for the pun
[ ishment of fraud; and shall pro
j vide by law, for reaching prop-
I erty 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 compensa
tion being first paid by the ap
plicant. Private property shall
not be taken, or damaged, for
public purposes, without just
and adequate compensation be
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 gr ant of special priv
ileges or immunities, shall be
' passed.
Paragraph 111. Revocation of
lax exemplicr.*. All exemptions
from taxation heretofore grant
; ed in corporate charters are de
' dared to be hencefor th 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
n.ade by an existing genera]
law. No general iaw affecting i
private rights, shall be varied I,
in any particular case by spec
ial legislation, except with the
free consent, in writing, of all
persons to be effected thereby:
\ and no person under legal dis
| ability to contract, is capable
• 1 such consent.
Paragraph 11. What acts void
j Legislative acts in violation of j
I this Constitution, of the Con I
i stitution of the United States,
are void, and the Judiciary shall
so declare them.
Section V.
Paragraph I. Slate right*. The
people of thi* State have the
inherent, sol* and exclusive
right of regulating their inter
nal government, and the police
thereof, and of altering and
abolishing their Constitution
whenever it may b* necessary
to their safety and happiness.
Paragraph 11. Enumeration of
right* not denial of other*. The
enumeration of right* herein
contained a* a part of this Con
stitution shall not be construed
to deny to th* peopl* any in
herent rights which they maj
have hitherto enjoyed.
Section VI.
Paragraph I, Tidewater title*!
confirmed. Th* Act of th* Gen
eral Assembly approved Decem
ber 6, 1902, which extends tho
title of ownership of lands abut
ting on tidal water to low water
mark is hereby ratified arsd
confirmed.
ARTICLE 11. j
Elective Franchls*.
Section I.
Paragraph I. Elections by bal
lot; registration of voter*. Elect
ions by the people shall be by
ballot, and only those person*
shall be allowed to vote who
have been first registered in
accordance with the require
ments of law.
Paragraph 11. Who shall bo an
elector entitled to register and
vote. Every citizen of this State
who is a citizen of th* United
States, eighteen years old oc
upwards, not laboring under
any of the disabilities named in
this Article, and possessing tho
qualifications provided by it,
shall be an elector and entitled
to register and vote at any el
ection by th* peopl*: Provided,
that no soldier, sailor or ma
rine in th* military or naval
services of th* United States
shall acquire the rights of an
elector by reason of being sta
tioned on duty in thl* State.
Paragraph 111. Who entitled
to register and vote. To entitle
a person to register and vole '
at any election by th# 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 el
ection.
Paragraph IV. Qualification*
of *l*ctors. Every citizen of this
State shall b* entitled to reg
ister as an elector, and to vote
in all 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 Paragraph*
JI and 111 of this Section or
.vho will possess them at the
date of the election occurring
next after his registration, and
who in addition thereto come*
within either of the classes pro
vided for in the two following
subdivisions of this paragraph.
1. All persons who are ol
good character and understand
the duties and obligations of
citizenship under a republican
form of governme.it; or,
2. All persons who can cor
rectly read in the English lan
guage any para'rapl ol th*
Constitution of the United
States or of this State and cor
rectly write the same in th*
English language when read to
them by any one of the regis
ters, and all persons who
solely because of physi
cal disability are unable to conv
ply with the above require
ments but who can understand
i and give a reasonable interpret
ation of any paragraph of th«
Constitution of th* United
States or of this State that may
