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new constitutional amendment supplement of
HOUSTON HOME JOURNAL
(Legal Advertisement) PERRY, GEORGIA, AUGUSi 2, 1945 (Legsi Advertisement!
\ proclamation
th*. oSSSSSa
of 1877 revising th.
* ,< Constitution. Such pro
*a 4 A amendment to b. voted
P ° S ! 4 the General Election to be
S l 'o. Tue.d.y Au g u.U, 1945-
b Bv Hi* Excellency,
ELLIS ARNALL, Governor
Stat. of Georgia,
Executive Department
L May 1, 194®-
WHEREAS, by tha vote, of
Jj.third. of tha members
elected to each of tha two
Hjusea, th. General Assembly
, u. -j 945 session proposed an
Amendment t. th. C ; n,«tu«on
of this Stat. a. set forth in a
Evolution approved March 9,
19 H ’ R to No! 11 GoY - N ®- 84
A RESOLUTION
Proposing (a* on# alngl.
amendment) to amend tha Con
stitution of th. Stat. of Geor
cil 0 £ 1877 and all amendments
iLreof. by striking in their en
tirety Article 1 (Bill of Rights),
Article II (Elective Franchise),
Ar tid. HI (Legislative Depart
ment). Article IV (Power of the
General Assembly Over Taxa
tion), Article V (Executive De
partment), Article VI (Judie
tCary), Article VII (Finance,
.Taxation, and Publio Debt), Ar
’tide VIII (Education), Article
;tIX (Homesteads and Exempt-
Sons), Article X (Militia), Ar
ticle XI (Counties and County
Officers), Article XII (The Laws
of General Operation in Force
in This State), Article XIII
i (Amendment* to the Constitu
tion), and by inserting in lieu
thereof, after th. Preamble of
th* Constitution of th* Stat* of
Georgia of 1877, new Articles
a* follows: Article I (Bill of
Rights), Article II (Elective
Franchise), Article 111 (Legis
lative Department), Article IV
(Public Utilities, Eminent Do
main, Police Power, Insurance
Companies, Contracts, etc.), Ar
ticle V (Executive Department),
Article VI (Judiciary), Article
,VII (Finance, Taxation and
Public Debt), Article VIII (Ed
ucation), Article IX (Homesteads
and Exemptions), Article X (Mi
litia), Article XI (Counties and
Municipal Corporations), Ar
tide XII (Th. Laws of Gener
al Operation in Force in This
"fState), Article XIII (Amend
ments to the Constitution), Ar
f tide XIV (Merit System), and
Article XV (Home Rule): and
, to provide for th# submission
of th# Amendment so proposed
as one Amendment to the quali
fied voters of the State of
Georgia for ratification or re
jection at th# General Election
to be held in August, 1945.
< WHEREAS, the purpose of
this single amendment ia to co
ordinate the proposed substan
tial principles of organic law
Into one subject matter of th#
Constitution; it being impractic
able otherwise than in one sub
ject matter and one amendment
te perfeet th# rearrangement
■ought; and to render unneces
sary the evil consequences of s
portion by portion adoption or
rejection which would in case of
adoption of some portions and
rejection of others result in a
Constitution lacking correla
tion,
NOW THEREFORE, BE IT
RESOLVED BY THI GENER
AL ASSEMBLY OF GEORGIA:
Section One
That the Constitution of the
State of Georgia of 1877 and all
Amendments thereof appearing
after tha Preamble, be and it
fa, hereby proposed te be
•mended as on* sing]* amend
ment by striking therefrom in
their entirety Article I (Bill ef
Rights). Article II (Elective
Franchise), Article 111 (Legis
lative Department), Article IV
(Power of th* 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 am l Coun
ty Officers), Article XII (Th*
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, th# 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
-9 ote the interest and happiness
of th# citizen, and transmit to
posterity th# enjoyment of lib
erty, we, the people of Geor
gia, relying upon th# protect
ion and guidance of Almighty
God, do ordain and establish this
Constitution.
ARTICLE L
Bill of Rights
Section I.
Paragraph I. Origin and foun
dation of government. All gov
ernment, of right, originates
with th# people, is founded up
on their will only, and is in
stituted solely for the good of
th# whole. Publio officer* are
th# trustees and servant* of th#
people, and at all times, amen
able to them.
Paragraph 11. Protection the
duly of government. Protection
t person and property Is the
paramount duty of government,
and shall be impartial and com
plete.
Paragraph 111. Life, liberty,
and property. No person ahall
be deprived of life, liberty, or
property, except by due process
of law.
Paragraph IV. Right te th*
courts. No person shall be de
prived of th# 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 th# 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 th# charge
against him is founded; shall
have compulsory process to ob
tain the testimony of his own
witness#*; shall be confronted
with the witnesses testifying
against him; and shall have a
publle and speedy trial by an
impartial jury.
Paragraph VI. Crimination of
self not compelled. Ne person
shall be compelled to give tes
timony tending in any manner
to criminate himself-
Paragraph VII. Banishment
and whipping as punishment
fee crime. Neither banishment
beyond the limits of th# State,
nor whipping as a punishment
for crime, shall be allowed.
Paragraph VIII. Jeopardy of
life or liberty more than once
forbidden. Ne person shall be
put In jeopardy of life, or lib
erty, more than once for th#
same offense, save on hla, or
her own motion for a new trial
, after conviction, or in case of
mistrial.
Paragraph IX. Bail, fines,
punishment; arrest. abuse of
prisoners. Excessive bail shall
not be required, nor excessive
fines imposed, nor cruel and ms-
usual punishments inflicted;
nor shall any person bs abused
in being arrested, while under
arrest, or im prison.
Paragraph X. Costs- No person
shall be compelled to pay costs
except after conviction on final
trial
Paragraph XI. Habeas Cor
pus. Th# writ of Habeas Corpus
shall not be suspended.
Paragraph XU. Freedom of
conscience. All men have th*
natural and inalienable right to
worship God, each according to
th# dictates of his own con
science, and n* human authority
should, In any ease, control or
interfere with auch right of con
science.
Paragraph XHL Religious
opinions; liberty of conscience.
No Inhabitant of this Stat# shall
be molested in person or prop
erty, or prohibited from hold
ing any publio office, or trust,
on account of his rtllgiou opin
ions; but th* right of liberty
of conscience shell not be so
construed as te excuse acts of
licentiousness, or justify prac
tices Inconsistent with the peace
and safety of the State.
Paragraph XIY. Appropria
tions 1* churches, sects, •to
forbidden. Ne 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 t* curtail, or restrain ths
liberty of speech, or of the press;
any person may speak, write
and publish his sentiments, on
all subjects, being responsible
for th# abuse of that liberty.
Paragraph XVI. Search**,
seizures, and warrants. The right
of th* people t* be secure in
their persons, houses, papers,
and effects, against unreason
able searches and seizures, shall
not be violated; and ne war
rant ahall Issue except upon
probable cause, supported by
oath, or affirmation, particular
ly describing th* place, or places,
to be searched, and th* persons
or things te be seised.
Paragraph XVII. Slavery and
Involuntary servitude. There
shall be within th* Stat* of
Georgia neither alavery nor in
voluntary servitude, save as a
punishment for crime after legal
conviction 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 1* military. The
civil authority shall be superior
to the military, and n* soldier
shall, in time of peace, be quart
ered in any house, without the
consent of the owner, nor in
time of war, except by th# elv
il magistrate, Ir such manner
as may be provided by law.
Paragraph XX Contempts.
Th# power of th* Courts t*
punish for contempt shal be
limited by legislative acta.
Paragraph XXI. Imprison- ,
men! for debt There shall b*
no imprisonment for debt
Paragraph XXII. Arma, right
lo keep and boas. Th* right of
the people t* keep an< beer
arms, shall not be Infringed, but
the General Assembly shall
have power t* prescribe tha
manner ia which arms may be
borne.
Paragraph XXUI. Legislative,
Judicial and executive powers,
separate. Tha legislative, judio
ial and executive power* shall
i forever remain separate and
distinet, and no persoa dis
charging th* duties of one, shall,
at th* same time, exercise the
function* of either of the oth
ers, except as herein provided.
Paragraph XXIV. Right to
assemble and petition. Ths peo
ple have the right to assemble
peaceably for their common
good and to apply to those vest
ed with ths powers of govern
ment for redress of grievances
by petition or remonstrance.
Paragraph XXV. Citizens,
protection of. All citizens of the
United States, resident in this
State, are hereby declared cit
izen* of this State, and it shall
be th# duty of th* General As
sembly to enact such law* 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; new trials. In
all prosecutions or indictments
for libel the truth may be giv
en in evidence; and the jury in
all criminal cases, shall be the
judges of the law ant’ the facts.
Ths power of th# judge* to grant
new trials, in case of conviction,
is preserved.
Paragraph 11. Treason. Treas
on against th# 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 te ths
same overt act, or confession
in open court.
Paragraph 111. Conviction, ef
fect of. Ne conviction shall
work corruption of blood, or
forfeiture of estate.
Paragraph IV. Lotteries. All
lotteries, and th* sal# of lottery
tickets, *.ra hereby prohibited;
and this prohibition shall be
enforced by penal laws.
Paragraph V. Lobbying; pen
alties. Lobbying is declared to
be a crime, and th* General
Assembly shall enforce this pro
vision by suitable penalties.
Paragraph VI. Fraud; con
cealment of property. The Gen
eral Assembly shall have the
power to provide for the pun
ishment of fraud; and shall pro
vide by law, for reaching prop
erty of th# debtor concealed
from tha creditor.
Section lIL
Paragraph I. Private ways;
just compensation. In case of
necessity, private ways may be
granted upon just compensa
tion being first paid by th# ap
plicant Private property shall
not be taken, or damaged, for
publio purpose*, without just
and adequate compensation be
ing first paid.
Paragraph 11. Attainder; ex
poat facto and retroactive lawa,
elc. No bill of attainder, ex
post facto law, retroactive law,
or law impairing th* obliga
tion of contracts, or making ir
revokablo grant of special priv
ileges or immunities, shall be
passed.
Paragraph ill. Revocation of
tax exemptions. All exemptions
from taxation heretofore grant
ed in corporate charters are de
clared te be henceforth null
and void.
Section IV.
Paragraph I. General laws;
uniform operation; how varied.
Law* of a general nature shall
have uniform operation through
out th* State, and no special
law shall be enacted n ny case
for which provision ha* been
made by an existing general
law. No general raw affecting
private rights, shall be varied
in any particular case, by spec
ial legislation, except with th*
free consent, in writing, of all
persona t* be affected thereby:
and ne person under legal dis
ability to contract, is capable
( of such consent.
Paragraph 11. What act* void
Legislative acts in violation of
this Constitution, of the Con
0 stitutlon of th* United State*
- are void, and the Judiciary shall
■ so declare them.
1 Section V.
Paragraph L State right*. The
people of thla State have the
1 inherent, sole and exclusive
right of regulating their Inter
nal government, and the police
1 thereof, and of altering and
1 abolishing their Constitution
whenever it may be 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 thla Con
stitution shall not be construed
te deny to the people any in
herent rlghta which they may
have hitherto enjoyed.
Section VI,
Paragraph I. Tidewater titles:
confirmed. The Act of the Gen
eral Assembly approved Decem
ber 6, 1902, which extends tha
title of ownership of lands abut
ting on tidal water to low water
mark is hereby ratified aiad
confirmed.
ARTICLI 11. J
Elective Franchise. : ?
Section L
Paragraph I. Election* by bal>
loti registration of voters. Elect
ion* by th* peopl* shall baby
ballot, and only those parsonu
shall be allowed to vote who
hav* been first registered in
accordance with the require
ment* of law.
Paragraph 11. Who shall ba an
elector entitled te register and
vote, Evary cltisen of thl* Stan
who is a citizen of tha United
State*, elghtaan year* old or
upward*, not laboring under
any of th* disabilitia* named in
this Article, and possasslng th*
, qualification* provided by it,
shall b* an elector and entitled
to register and vote at any el
ection by th# people: Provided,
that no soldier, sailor or ma
rina in th# military or naval
services of the United States
shall acquire th* rlghta of an
elector by reason of being sta
tioned on duty in this State.
Paragraph 111. Who entitled
to register end vote. To entitle
a person to register «nd vote
at any election by th* people,
he shall hav* resided in th*
State on* year next preceding
1 the election, and in the county
in which he offers t* vote six
month* next preceding the el
l action.
Paragraph IV. Qualification*
of elector*. Every citizen of thl*
Stat* shall b* *ntltled te reg
ister a* an elector, and to' vote
: In all elections in laid State,
' who la not disquallfiad under
the provisions of Section II of
Article II of thla Constitution,
and who possesses the qualifica
tions prescribed in Paragraphs
II and' 111 of thla Section or
1 who will possess them at tha
date of th* election occurring
' next after his registration, and
1 who In addition thereto cornea
within either of th* cltuea pro
vided for in the two following
subdivisions of this paragraph.
1. All persona wh* are of
good character and understand
th* duties and obligations of
, citizenship under a republican
I form of government; or,
1. All persons who can cor
t rectly read in the English lan
i guaga any paragraph of th*
i Constitution of th# United
I States or of this State and cor
; rectly writ* th* same in the
I English language whan reed to
them by any on# of th* regis
i trars, and all persona wh«
1 solely because of physle
; cal disability are unable to come
■ ply with th# above requlre
: ments but who can understand!
and give a reasonable interpret
ation of any paragraph of the
1 Constitution of th* United
• States or of this St«t* that may
