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PAGE FOUR
Other purpose which may be ;
deemed necessary by the Gov
tmor. Upon conviction toi
reason the Governor may only
suspend the execution ot the
sentence and report the case to
the General Assembly at the
next meeting thereof, when the
General Assembly shall either
pardon, commute the sentence,
direct its execution or grant a
further reprieve. The Governor
shall at each session of the
General Assembly, communicate
to that body each case of sus
pension of sentence, stating the
name of the convict, the offense
for which he was convicted, the
sentence and its dale, the date
cl the reprieve or suspension,
end the reasons for granting the
fame. He shall fake care that
the laws are faithfully executed,
tnd shall be a conservator of the
peace throughout the State*
There shall be a Stale Board of
Pardons and Paroles composed
of three members, who shall be
appointed by the Governor and
confirmed by the Senate. Ap
pointments made at limes when
the Senate is not in session
shall be effective ad interim.
The first members shall be ap
pointed for terms of three, five,
and seven years, respectively, to
b( designated by the Governor,
and all subsequent appoint
ments shall be for a period of
seven years, except in case of an
nnexpired term. The Governor
shall not be a member of the
State Board 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. The State Board of
Pardons and Paroles shall have
power to grant reprieves, par
dons and paroles, tc commute
penalties. remove disabilities
imposed by lav/, and may remit
any part of a sentence for any
offense against the State, after
conviction except in cases of
treason or impeachment and ex
tent in cases in which the Gov
ernor refuses to suspend a sen
tence of death. Provided that
such board shall set on all ap
phcations within 90 days from
toe irlrng of same, and in all
cares a major ity shall decide the
action of the Board. Except if
am member for any cause is un
ftr e to serve in any case in
volving capital punishment, the
Governor shall act as the third
aetbn 01 °* f o aid , Boiild and the
shall h °n taken n * uch in ®tance
ana I be by unanimous vote. The
P?rSe, B .°h/n °/ p ® rd °ns and
J ; Holt s shall at each session of
ore General Assembly com
mumcate to that body in full de
' * e ach case of pardon, parole
lS Utatlon ’ rernov al of dis
abilities or remission of sen
tences granted, stating the name
wh eh h°. nV J Ct> lhe c . Hense f or
which he was convicted, the
sentence and it* dale, the date
5j ie bardon, parole, commuta
tion, removal of disabilities or
remission of sentence and the
2°" s ,gr anting the same,
o ht ‘ ? tn,e Bc,ard of Pardons
and Paroles may make rules and
W'atmns * s ma.V be author
rzed by law. The first, Board of
rardons and Paroles under this
provision may be those in office
under an act of the General
Assembly creating such a Board
linnHuGm the Ijrne f,f Ihe ad °P
-1 on of this amendment, which
1 so existing shall be in lieu of
ft, 2. Pos'd to be created by
the General Assembly subsc
cuient to the adoption of this
2K I " d K ment - ,« nd which Board
phal! have all the rights, privi
,ind d "ties the
* ff lf Jt .was sc subsequently
<i (a ted, and (he terms of mem
bers of such Board shall date
from the tune specified in the
exrstmg Act of the General As
sembly. The Genera] Assembly
may enact laws in aid of. but
not inconsistent with, this
amendment.
. Paragraph XU. Writs of elec
tion; called sessions ol the Gen
end Assembly. The Governor
shall issue writs of election to
3iti all vacancies that may hap
in the Senate and the House
®f Representatives, and shall
give the General Assembly,
» orr li^ ln i e *° '’me, information
Pf 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 the Gen
eral Assembly on extraordinary
occasions, but no law shall be
•nacted at called sessions of the
General Assembly, except such
, * s shall relate to the object
frtated in his proclamation con
vening them; Providing that
such called sessions of the Gen
eral Assembly shall net exceed
70 days in length, unless at the
expiration of said period there
shall be pending an impeach
ment trial of some officer of the
Ptate Government in which the
General Assembly will be au
thorized to remain in session
Until such trial shall have been
completed.
Provided, however, that when
three-fifths el the' members
elected to the House of Repre-
sentatives and three-fifths of the
members elected to the Senate
shall have ctriilied to the Goy
ernor of the Slate of Georgia
that in their opinion an emer
gency exists in the affairs of the
State of Georgia, it shall there
upon be the duty of said Gov
ernor and mandatory upon him,
within five days from the re
ceipt of such certificate or cer
tificates, to convene said Gen
eral Assembly in extraordinary
session for all purposes; and in
the event said Governor shall,
within said time, Sundays ex
cluded, fail or refuse to convene
said General Assembly as afore
said, then and in that event said
General Assembly may convene
itself in extraordinary session,
as if convened in regular session
for all purposes, provided that
such extraordinary, self con
vened session shall be limited to
a period of 30 days, unless at
the expiration of said period,
there shall be pending an im
peachment trial of some officer
of the State Government, in
which event the General Assem
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
per diem and mileage during
such extraordinary session as is
now or may be hereafter pro
vided.
Paragraph XIII. Filling va
cancies, When any office shall
become vacant, by death, re
signation, or otherwise, the Gov
ernor shall have power to fill
such vacancy, unless otherwise
provided by Jaw; and persons so
appointed shall continue in of
fice until a successor is com
missioned. agreeably to the
mode pointed out by this Consti
tution, or bv law in pursuance
thereof.
Paragraph XIV. Appointments
rejected. A person once rejected
by the Senate, shall not be re
appointed by the Governor to
the same office during the same
session, or the recess thereafter.
Paragraph XV. Governor's
veto. The Governor shall have
the revision of all bills passed
by the General Assembly be
fore the same shall become laws,
but two-thirds of each house
may pass a law notwithstand
ing his dissent; and if any bill
should not be returned by the
Governor within five days (Sun
day excepted) after it has been
presented to him. the same shall
be a law; unless the General
Assembly, by their adjournment,
shall prevent its return. He
may approve any appropriation,
and disapprove any other ap-
Propnatioh. in the same bill,
and the latter shall not be ef
fectual, unless passed by two
thirds of each holise.
Paragraph XVI. Governor fo
approve resolutions, elc. Every
vote, resolution, or order, to
which the concurrence of both
houses may be necessary, except
on a question of election or ad
journment. shall be presented
u „ Governor, and before it
Shall take effect be approved by
him. or. being disapproved, shall
be repassed by two-thirds of
each house, provided, however,
that nothing contained in this
Article shall be construed to
confer on the Governor the
light to veto or enter his dis
approval of any proposal made
by the General Assembly to
amend this Constitution.
Paragraph XVII. Information
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
lect relating to the duties of
their respective offices or em
ployment. The General Assem
bly shall have authority to pro
vide by law for the suspension
of any Constitutional officer or
depart mint head from the dis
charge of the duties of his of
fice. and also for the appoint
ment of a suitable per son to dis
charge the duties of the same.
Section 11.
Other Executive Officers.
Paragraph J. Executive Offi
cers, How Elected. The Secre
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
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 time as the Gov
ernor.
Paragraph 11. Duties, Au
thority, and Salaries of Other
Executive Officers. The General
Assembly shall have power to
CONSTITUTIONAL AMENDMENTS
prescribe the duties, authority,
and salaries ol the executive of
- 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
official shall be allowed, direct
i ly or indirectly, to receive any
fee, interest or reward from any
person, bank, or corporation, for
the deposit, or use, in any man
ner, of the public funds, and the
General Assembly shall enforce
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
troller General, Treasurer, Com
missioner of Agriculture, and
Commissioner of Labor, unless
he shall have been a citizen of
the United States for ten years,
and shall have resided in this
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
of their duties.
Paragraph V. Fees and Per
quisites Denied. No State offi
cial named in Paragraph I of
this Section shall be allowed
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
seal of the State shall be depos
ited in the office of the Secre
tary of State and shall not be
affixed to any instrument of
writing except by order of the
Governor or General Assembly,
and that now in use shall be the
great seal of the State until oth
erwise provided by law.
Section IV.
Paragraph L 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 quali
fied. Vacancies in office shall be
filled 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.
1 Section V.
Stale Board of Correclions.
Paragraph I. Slate Board of
Correclions; 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 the 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 their 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, Veterans 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 State Department of Vet
erans Service as shall be pro
vided by law. Said Board shall
appoint a director who shall toe
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 terms of one. two, three,
four, 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 Court 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
law.
Section 11.
Paragraph I. Supreme Court
Justices; Quorum. The Supreme
Court shall consist of seven as
sociate justices, who shall from
time to time as they may deem
E roper, elect one of their mem
er 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 Desig
nate Judges to Preside, When; j
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
m 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
,ce,V 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
e i eC 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.
31, 1950, shall be elected in like
manner during that year and
provided further that an addi
tional or seventh Justice shall
.u immediately appointed by
the Governor, his tenure under
such appointment to expire on
December 31, 1946, and his suc
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 of any vacancv 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 regular election, and until
his 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 of
State, who shall certify the re
sult to the Governor, and com
mission shall issue accordingly.
Paragraph IV. Jurisdiction of
Supreme Court. The Supreme
Court shall have no original jur
isdiction 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 construc
tion of the Constitution of the
State of 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 or of the United States, 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
felony; in all habeas Cl r
cases; in all cases involving 1 1*
Iraordinary remedies; i r ' f
vorce and alimony cases' ‘ (:! "
all cases certified to it ’h, * iJI
Court cf Appeals f or its ri' Ih *
mmation. It shall also he tr *
petent -for the SupremeV tom :
to, require by certiorari or , n- Urt
wise any case to be cert / tr ‘
the Supreme Court froi V°
Court of Appeals for review ' ®
determination with the nd
power and authority a. i,'" rne
case had been carried k!? ,fle
error lo the S U p?S=“ r „ ; n h <!
case earned to the s, n Anv
Court or to the Court . A P ‘ trne
which belonls to r hi
which the other court hai i
diction, shall, until oth, if '
provided by Jaw be tranli 1?e
to i the °l her c °urt under k
lules as the Supreme Cmm ( '
prescribe, and the cases sn i may
ferred shall be heard aVriT'
termmed by the court which us*
jurisdiction thereof. The Cen*
eral Assembly may provide
carrying cases or certain c -1!
of cases to the Supreme r s
and the Court of Appeals S', Un
the trial courts otherwi
by writ of error, and may I. "
scribe conditions as to th, ,I
of a party litigant to havl ti
case reviewed by the Sum ‘ s
Court or Court of Appeals ThS
Supreme Court shall also'l,- 6
jurisdiction of and shall did ie
cases transferred to it b it!
Court of Appeals because of
equal division between the
lodges of that Court when ’it
ting as a body for the determiv"
lion of cases.
Paragraph V. Cases, how dis
po » ed of - The Supreme Court
and the Court of Appeals shli]
dispose of every case at the
term for which it is entered on
the courts docket for heaiing
as provided by Paragraph \ Ilf
of this Article and Section or at
the next term. If the plaintiff '
in enor shall not be prepared to
prosecute the case at the term
for which it is so entered for
hearing, unless prevented bv
providential cause, it shall be
stricken from the docket and the
judgment below shall stand rf.
firmed. No writ of error shall
be dismissed because of delay
m transmission of the bill 0 ( ex
ceptions and the copv of 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
sny omission of duty or to re-
Jieve him of any liability result
ing therefrom.
Paragraph VI. Judgments
way be withheld. In any case
.c Court may in its discretion
withhold its Judgment until the
next term after the same is
j argued.
Paragraph VII. The Supreme
Court; how cases to be heard
and determined. The Supreme
Court shall have power to heir
and determine cases when sit
ting in a body, under such reg
ulations as may be prescribed
bv it.
Paragraph VIII. Court of Ap
peals. The Court of Appeals
shall consist of the Judges pro
vided therefor b,y law at the
time of the ratification of this
amendment, and of such addi
tional Judges as the General As
sembly shall from time to lime
prescribe. All terms of the
Judges of the Court of Appeals
,Jle ex Piration of the terms
of the Judges provided for bv
law at the time of the ratifica
tion of this amendment, except
unexpired terms, shall continue
nx 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
are or may he provided for by
the laws relating to the election
and appointment of Justices cf
the Supreme Court. The Court
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
19, 1916. and such other like
courts as have been or may here
after be established in other cit
ies., in all cases in which such
jurisdiction has not been con
ferred by this Constitution upon
the Supreme Court, and in such
other cases as may hereafter be
prescribed by law; except that
where a case is pending in the
Court of Appeals and the Court
of Appeals desires instruction
from the Supreme Court, it may
certify the same to the Supreme
Court, and thereupon a trans
cript. of the record shall he
transmitted to the Supreme
Court, which, after having af
forded to the parties an oppoi
tunity to be heard thereon, shall
instruct the Court of Aopeals > n
the question so certified, and the
Court of Appeals shall be bound
by the instruction so given. Hut
if by re ason of equal division (f
opinion among the Justices (i
the Supreme Court no such in
struction is given, the Court cl
