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PAGE EIGHT
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their appointment. No person s
tmployea in a professional ca- r
pacity by a private or public v
education institution, or by the c
B'ate Department of Education, t
•hall be eligible for appointment 1
Or to serve on said Board. No <
person who is or has been con- t
rected with or employed by a £
school book publishing concern
Shall be eligible to membership : i
On the Board, and if any person i
Shall be so connected or em- ’
ployed after becoming a mem- 1
per of the Board, his place shall
immediately become vacant.
The said State Board of Edu
cation shall have such powers
end 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 ba here
after provided by law.
Section 111.
Paragraph I. State School
Superintendent; election, term,
etc. There shall be a State
School Superintendent, who
•hall be the executive officer of
the State Board of Education,
elected at the same time and in
the same manner and for the
same term as that of Governor.
The Stale School Superintend
ent shall have such qualifica
tions and shall be paid such
compensation as may be fixed
by law. No member of said
Board shall be eligible for elec
tion as State School Superin
tendent during the time for
which he shall have been ap
pointed.
Section IV.
Paragraph I; University Sys
tem of Georgia; Board of Re-
Bents. There shall be a Board
of Regents of the University
System of Georgia, and the gov
ernment. control, and manage
ment of the University System
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
Stat«-at-large, appointed by the
Governor and confirmed by the
Senate. The Governor shall not
be a member of the said Board.
The 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
■year terms from the expiration
of the previous term. Vacan
cies upon said Board caused bv
expiration of term of office shall
be similarly filled by appoint
ment and confirmation. In case
of a vacancy on said Board by
death, resignation of a member, 1
or from anv other cause other 1
titan tlie expiration of such mem-, 1
oer’s term of office, the Board I 1
•ball by secret ballot elect his *
successor, who shall hold office! :
until the end of the next session l ’
of the General Assembly or if! l
the General Assembly be then in
session to the end of that ses-t
sion. During such session of the (
Genera] Assembly the Governor :
•ball appoint the successor mem- 1
ber of the Board for the unex- ■ 1
pired term and shall submit his! 1
name to the Senate for con-! 1
Xirmation, All members of the | :
Board of Regents shall hold of- 1
fice until their successors are'’
appointed. The said Board ofi 1
tlegents of the University Sys- 1
tem of Georgia shall have the 1
powers and duties as provided’’
by law existing at the time of '
the adoption of this Constitu- '
tion, together with suoh fur- 1
(her powers and dutlea as may ’
>e hereafter provided by law. ’
Seollon V.
Paragraph I. County System;
Board of Education; election,
term, etc. Authority is granted!
to Counties to establish andi
maintain public schools within U
tlioir limits. Each County, ex- h
elusive of any Independent ,
•ohool system now in existence
In a County, shall compose one ‘
•chool district and shall be con- !
fined to the control and man
•gement of a County Board of
Education. The Grand Jury 1
of each County shall select from !
trie citizens of their respective !
Counties five freeholders, who
shall constitute the County 1
Board of Education. Said mem- I
bers shall be elected for the I
term of five years except that ,
the first election of Board mem- !
bets under this Constitution
•hall be for such terms that will 1
Provide for the expiration of !
the term of one member of the 1
County Board of Education each 1
year. In case of a vacancy on
•aid Board by death, resignation 1
of a member, or from any other
cause other than the expira
tion of such member’* term of 1
office the Board snail by se
cret ballot elect hi« Aicdesaor.
who shall hold office until the
Itext Grand Jury convene* all
which time said Grind Jury!
shall appoint the successor
member of the Board for the
unexpired term. The members
of the County Board of Educa
tion of suph County shall be se
lected from that portion of the
County not embraced within
the territory of an independent
school district.
The General Assembly shall
have authority to make provis
ion for local trustees of each
school in a county system and
confer authority upon them 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 be a County \
School Superintendent, who!
shall be the executive officer
of the County Board of Educa
tion. He shall be elected by the
people and his term of office
shall be for four years and run
concurrently with other county
officers. The qualifications and
(he salary of the County School
Superintendent shall be fixed
by law.
Section VII.
Paragraph I. Independent
systems continued; new systems
prohibited. Authority is here
by granted to municipal corpo
rations to maintain existing in
dependent school systems, and
support the same as authorized
by special or general law, and
such existing system* may add
thereto colleges. No independ
ent school system shall here
after be established.
Section VIII.
Paragraph I. Meetings of
Boards of Education. All offi
cial meetings of County Boards
of Education shall be open to j
the public.
Section IX.
Paragraph I. Contracts for
car* of pupil*. County Boards
of Education and independent
school svstems may contract
with each other for the educa
tion. transportation and car* 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 1
Constitution.
Section XI.
‘Paragraph L Grants, bequests s
and donations permitted. The
State Board of Education and
the Regents of the University
Svstem 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 systems 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
counties for education. The
fiscal authority of the several
Counties shall levy a tax for the
support and maintenance of
education not less than five I
mills nor greater than fifteen'
mill* fas recommended bv the!
Countv Board of Education)
upon the dollar of all taxable
property in the County located
outside independent school svs
tems. The independent school
svstem of Chatham County and
the Citv of Savannah, being co-!
extensive with said County j
the levy of said tax shall be on
•U property in said County as
recplhmended by the governing
body of said svstem.
ARTICLE IX.
Homesteads and Exemption*.
Section I.
Paragraph I. Amount of
homeelead and exemption;.
There is hereby exempt from i
levy and sal*, by virtue of any |
process whatever under the
laws of this State, (he property
of evenr head of a family, or
guardian, or trustee of a family
of minor children, or every
sped or infirm person, or per- !
son having the care and sup
port of dependent females of
anv ape. who is not the head of
a family, realty or personalty, j
or bo'h, to the value in the as-!
gregat# of sixteen hundred dol-|
t8 r »: »nd 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 n. Homeaload and
exemption laws continued. The
laws now of force with respect
to homestead and exemptions
shall remain in full force until
changed bv law.
ARTICLE X,
Militia
Section t
1 Paragraph L Organisation at
OONSTmrfffolfAt AtflWftMffim
Militia. A wall regulated mi
litia being eaeemlal M the peace
and security of tha SUta, the
General Assembly ihall have
authority to provide by law
how tha militia of this State
shall be organized, officered,
trained, armed ana equipped;,
and of whom it ehall consist- j
Paragraph n. Volunteer*.
The General Assembly ihall
have the power to authorize the
formation of volunteer com
-1 panics, and to provide for their
\ organization into battalions,
regiment*, brigade*, divisions
and corps, with such restrictions ;
as may be prescribed by law, j
and shall have authority to arm
and equip the same.
Paragraph 111. Pay of militia
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 XL
Counties and Municipal
Corporations.
Section L
Paragraph I. Counties a cor
porate body; boundaries. Each
, | county shall be a body corpo
rate with such powers and lim
itations as may be prescribed by
law. All suits by or against a
county shall be In tha name
thereof; and th* mete* and
bounds of tne several counties
shall remain as now prescribed
by law, unless changed as here
inafter provided.
Paragraph 11. Number limlt
ed. There shall not be more
, j than one hundred and fifty-nine
j counties in this State.
Paragraph lIL New counties
permitted when. No new coun-
I tv shall be created except by |
the consolidation or merger of:
1 existing counties.
Paragraph IV. Consolidation
of counties; method. The Gen
eral Assembly shall have the
power, with th*»concurrenc* of
two-thirds of the qualified vot- i
I ers of each of the counties to be
j affected who participate in elec
! tions held for that purpose, to
provide for the consolidation of
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
! to other counties.
Paragraph V. Dissolution ot
counties; method. Any county
[ mav be dissolved and merged
! with a contiguous county or
I counties by two-thirds of the
I 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 the transaction of
county matters, shall be uni
form throughout the State, and
of the same name, jurisdiction,
and remedies, except that the
I General Assembly may provide
for Commissioners of Roads and
Revenue* in any county, may I
abolish the office of County;
Treasurer in any county, may;
fix the compensation of County
.Treasurers, and may consolidate l
' the office* of Tax Receiver and
i Tax Collector in the office of
Tax Commissioner, and mav fix
his compensation, without re
spect to uniformity.
Paragraph VII. Consolidation
of governments; submission to
voters. The General Assembly
' may provide by general law op
t (ional svitems of consolidated
county apd municipal govern
ment, providing for the organi
zation and the powers and du
ties of It* officers. Such op
tional systems shall become ef
fective when submitted to the
qualified voters of such epunty
and approved by a majority of
thoae voting.
Paragraph VIIL County line*.
[ County linee shall not be chang
ed. unless under the operation
of a general law for that pur
pose.
• Paragraph IX. County »ite*
; changed; method- No county
site shall be changed or remov
ed. except by a two-third* vote
of the quallifed voters of the
county, voting at an election
held for that purpose and by
a majority vote of the General :
Assembly.
Section IL
Paragraph I. County officers;
l election; term; removal; eligi
bility. The county officers shall
be elected by the qualified vot- ;
ers of their respective countiesj
or districts, and snail hold their
office for four years. They 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 unleaa he shall have
been a reeldent of the county
for two yeare and is a qualified
voter.
Paragraph IL Oempensetlon
. of county offlooef. County of
ficers may bo oh a fee basis,
i salary basis, or fea basis supple
mented by salary. In such man
ner as may be directed by law.
ARTICLE XII.
Tbs Laws of General Operation
in Force In This State.
Section L
1 Paragraph I. Supreme law
iTha laws of general operation
! in this State are, first: As the
Supreme law: The Constitution
of the United States, the laws of
the United State* in pursuance
itherof and all treaties made un
der authority of the United
; States.
Paragraph 11. Second in au- j
Ihorily, Second. As next in!
authority thereto: This Consti-}
tution.
Paragraph 111. Third In au
thority. Third. In subordina
tion to the foregoing: All laws
now of force in this State, not
inconsistent with this Consti
tution shall remain in force
until the same are modified or
repealed by tha General As
sembly.
Paragraph IV. Local and pri
vate ads. Local and private
acts passed for the benefit of
counties, cities, towns, corpora
tion* and private persons, ’not
inconsistent with the Supreme
law, nor with this Constitution
and which have not expired nor j
been repealed, shall have the 1
force of Statute law. subject to!
judicial decision as to their!
validity when passed, and to;
a nr limitations imposed by j
their own terms.
Paragraph V. Proceedings of
, court* confirmed. All judg
j ment*. decrees, orders, and
I other proceedings, of th* several
, court* of this State, heretofore
; made within the limits of their
several jurisdictions, are here
by ratified and affirmed, subject
only to reversal by motion for,
a new trial, appeal, bill of re-1
view or other proceedings, in
conformity with the law of force
j when they were made.
Paragraph VI. Existing offi
cer*. 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 j
anv officer, whose office may |
be abolished by this Constitu
[ tion.
ARTICLE XIII,
Amendments to the Constitutlc .
Section I.
Paragraph I. Proposed by
General Assembly; submission
to people. Any amendment or
amendments to this Constitu
tion may bo proposed in the
Senate or House of Represen
tatives and if the same shall be
agreed to 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
i be published in one or more
| newspapers in each Congres- ,
I sional District, for two months
j 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
| the State, then it shall also be
1 advertised in the area to be
d:rectlv affected thereby; and
1 shall also provide for a submis
sion of such proposed amend
ment or amendments to the
peep)* at said next general
i election, and if the people shall
ratify such amendment or
amendments, by a majority of
the electors qualified to vote
.for members of th* General
Assembly voting thereon, such
amendment or amendment?
• shall become a part of this
Constitution: provided that if
the proposed amendment is not
one that directly affect* the
whole State, but only on* or
.mere subdivisions thereof, said
! amendment shall not becom* a
part of this Constitution unless
jit receive both a majority of the
elector* qualified to vot* voting
thereon In the State as a whole,
and also a majority of the elec
! tor* qualified to vote voting
i thereon in the particular sub
division or subdivision* affect
. ed. When more than one
amendment is submitted at the
same time they shall be so sub
mitted as to enable the electors
j to rot* on each amendment
! separately,
! Paragraph 11. Convention- how
I called. No convention of th*
i people shall be called by the
General Assembly to revise,
amend or change this Constitu
tion. unless by the concurrence
of two-thirds of aU member* of
each house of th* General As
sembly. The representation in
said convention shall be based
on population as near as oraq
ticable. This constitution shall
• amendment, or
submitted and ratttl.H ’VN
people in the mannir d by
for submission and
of amendments l c>t w
General Assembly P ° S<?d by ‘3
Paragraph 111. V»t« „ *
milled. Governor ahaii *****
have the right to v.S SS 1 **
posal by the General a? Y Dr °*
to amend the CoMt{tutfoS embl *
article Xiv. '
Merit System.
Section i.
Paragraph I. state P«
Board. A non salaried
I Personnel Board mm n !i , tat l
three citizens of thKf? d A
known interest In the imn*'
merit of public
shall administer a StauTuJfr
System under which stat.
sonnel shall be selected D9r '
bas ls of merit, fitness, aSd°V
ciency according to aw u
members of the State ?£■
Board shall be appointed
Governor with the advice nt n*
Senate. The first 0 ,
j shall be appointed for term be !J
three, five and seven Ve ar T *
spectively. the terms to hi' a
I siKnated by the Governor Ift
subsequent appointments
be for a period of seven v «f?
except unexptred terms
State official 0 r employee «h,i
»' th * S
Paragraph 11. R e ii remenl
System. Appropriation, "gj
■ General Assembly l s authored
; to establish an actuarially sound
retirement system toi “m.
ployee* under a merit system
Adequate appropriations shS
be provided for the operation d
a merit system and th. stats
Personnel Board.
ARTICLE XV.
Home Rule,
j Section I.
Paragraph I. Uniform *y»} emi
of county and municipal oo».
ernment The General Assem
|bl.v shall provide for uniform
systems of county and municU
pal government, and provide for
optional plans of both, and shall
provide for systems of initia
tive. referendum and recall in
some of the plans for both coun
tv and municipal governments,
rhe 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 reiect any of
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 lournals with the
"ayes” and “nays” taken there
on and shall be published and
submitted to the people for rat
ification or rejection as one
single amendment to the Con
stitution at the next General
Election in August. 1943. 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'ninsl
the ratification of the amend
ment herein proposed shall have
written or printed on their bal
lot! the words “against
the amendment revising the
Constitution.” If a majority of
those voting vote for the
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 oi
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 ARNALI*
Governor.
This 9th day of March, 1945.
NOW. THEREFORE. I. ELs
LIS ARNALL. Governor ai
Georgia, do iisue this my pro*
clamation hereby declaring thy
the propoaed foregoing amend*
ment revlaing the Constitution
of Georgia if submitted, fog
ratification or to tM
voters of the State qualified *
vote for members of the Goat
eral Assembly at the Generlp
Election to be held on Tuesday,
i August 7. 1945.
IN WITNESSS THEREOF.!
have hereunto set my head ■
the State Capitol. AtUpstc
Georgia, on this the Ist dmr 4
May, A D, 1949. and oaueed tfci
Great Sea! of the State w 8
hereto affixed,
ELLIS ARNAU*
*r r *rtko #*
