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PAGE FOUR
•ther purpose which may be
deemed necessary by the Gov
ernor. Upon conviction lor
teason the Governor may only
luspend the execution of the
lenience and report the case to
the General Assembly at the
next meeting thereof, when the
General Assembly shall either
Sardon. eommute the sentence,
irect Its execution or grant a
further reprieve. The Governor
shall, at etch session of the
General Assembly, communicate
to that body each case of sus
pension of sentence, stating the
pame of the convict, the offense
for which he was convicted, the
Sentence and its date, the date
of the reprieve or suspension,
end the reasons for granting the
same. He shall take care that
the laws are faithfully executed,
and shall be a conservator of the
peace throughout the State*.
There shall be a State Board of
Pardons and Paroles composed
of three members, who shall be
appointed by the Governor and
confirmed by tire Senate. Ap
pointment* made at times 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
be designated by the Governor,
erifl 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
plate Board of Pardons and
Paroles. The members of the
plate Board of Pardons and
Paroles shall each receive an an
nual salary of $8,000.00. payable
monthly. The State Board of
Pardons and Paroles shall have
power te grant reprieves, par
dons and parolee, t« commute
penalties, remove disabilities
Imposed by law, end may remit
env part of a sen Ace for any
offense against the" State, after
conviction except Incases of
li eason or impeachment ,and ex
cept m cases ip which the Gov
cinor refuses to suspend a sen
tince of death. Provided that
such board ahall act on all ap
plications within PC days from
the filing of same, and in all
cases a mtlorltv shell decide the
«< l ion of the Board. Except If
any member for any cause is un
abilities or remlaaion 0 f sen
f th~ U ‘‘ Uit ? d ; name
v f h i 9 onv «t. the offense for
vhieh he was eonvlcted, the
ff n .h nCe ltj «**•. th e date
i. ,i le par ® ol h Parole, commuta
tion, removal of disabilities or
remission of sentence and the
I,‘wmT h°/, * r a ntl rig the same,
*n p‘ e ’? tal# Bo “ rc f *f Pardons
jepnhfti 0 68 may rules and
hitu.ns a* may be author
mid by law The first Board of
-i ai dons and Paroles under this
liov, S]on may those , n Qf(lce
under an act of the General
is t i n u a t °t K * ‘I ,Uch 8 Boaid
existing at the time of the adop
tion of this amendment, which
f so existing shall be in lieu oi
the ' r Boai , d . lo he created by
c.n t ; ne n 1 subse
qjtnt to the adoption of this
*i!™i'’ c j ment - and which Board
Shall have all the rights, privi
iamf'H nnd duties the
crMtJa f so su bseguently
I' ‘i f; and . th « terms of mcni
fc * ° t { suph Board shall date
existing I ff ec^ led ln the
existing Act th* General As
m 1 ’ V ’ irt neral Assembly
rn. y enact laws in aid of but
hot inconsistent with, this
amendment.
Paragraph XII. Writs of elec
»lon; called sessions of Iho Cen
tra Assembly. The Governor
s!ii n lssue "Ths of election to
ini .dl vacancies that may hap
pen m the Senate and the House
*t Representatives, and shall
five the General Assembly,
prom time to time. Information
A It of the Common
wealth, and recommend to their
•onsideration such measures as
Oe 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
taacted at called sessions of the
Genera] Assembly, except such
J* shall relate to the object
Jtated In his proclamation con
vening them; Providing that
•uch called sessions of the Gcn-
Assembly shall not exceed
”0 days in length, unless at the
of said period there
#nnl! be pending an impeach
ment trial of some officer of the
Btafe 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 if the members
elected to the House of Rcpre
■ sentalives and three-fifths of the
member* elected to the Senate
shall have certified to the Gov
ernor of the State of Georgia
that in their opinion an emer
§ency exist* in the affairs of the
tate of Georgia, It shall there
upon be th* duty of said Gov
ernor and mandatory upon him,
within five day* from th* 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
i *uch extraordinary, self con
vened session shall be limited to
1 a period of 30 days, unless at
the expiration of said period,
i 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
i Assembly shall receive the same
per diem and mileage during
such extraordinary session as is
1 now or may be hereafter pro
i vided.
Paragraph XIII. Filling va
cancies. When any office shall
become vacant, by death, re
-1 signation, or otherwise, the Gov
ernor shall have power to fill
such vacancy, unless otherwise
; provided by law; 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 by 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
wiould not be returned by the
Governor within five days (Sun
day excepted) after it has been
presented lo 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
propnation, in the same bill,
•nd the latter shall not be ef
fectual, unless passed by two
thtrd* of each house.
Paragraph XVI. Governor to
approve resolutions, etc. Every
v 9* e « resolution, or order, to
which the concurrence of both
houses may bo necessary, except !
on a question of election or ad
ournment, shall be presented
i ti 1 ® 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 i
Article shell be construed to
confer on the Governor the
right to veto or enter his dis
approya! of any proposal made
by , e ,, pfheral Assembly to
amend this Constitution.
Paragraph XVII. Information
worn officers and employes; sus
pension of officers. The Gov
ernor may require information
in writing from Constitutional i
“ffmers, department heads, and
all fatale employes, on any sub
ject 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
department head from the dis
charge of the duties of his of
fice, and also for the appoint
ment of a suitable person to dis
charge the duties of the same.
Seclion 11.
Other Executive Officers.
Paragraph I, Executive Offi
cers, How; Elecled. The Secro
*aiT State, Attorney Gen
er®C 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 cemmissioned by the '
Governor and hold their offices i
for the same time as the Gov- :
ernor. ;
Paragraph 11. Dufies, Au- i
‘horily, and Salaries of Olher I
Executive Officer*. The Gerf ral
Assembly thall have power to
CONSTITUTIONAL AMENDMENTS
prcscrlba tb« duties, authority,
and lalarle* to in* eiecutive of
ficers, and to frevlda help and
axpensec ba&mrr for tna op
eration el the department of
each.
Paragraph lIL Profit From
U»e of PiinlU Money, No State
official shall be allowed, direct
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 FV. 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 snail 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 dutlex
Paragraph V, Fees and Per
quisites Denied. No State offi
cial named in Paragraph I of
this Section shall be allowed
any f**, perquisite or compensa
tion other then their salaries as
prescribed by lew, except their
necessary expenses when absent
from the aeal of government on
business for the State.
Seotlop 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 1
Commission, Said Commission
shall consist of one member
from earn 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 eonsist 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 (he Governor and
confirmed by tti* Senate for a
term of aeVen years from the
expiration of the previous term.
AH members of the Commission
shall hold office until their suc
cessor* are appointed and quali
t‘fd- Vacancies in office shall be
filled by appointment of the 1
Governor and submitted to the
Senate for eonxirmation 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.
Section V.
State Board of Corrections.
Paragraph I. Stale Board of
Corrections; 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 t>e 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 snail
appoint a director who shall be
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 end the
Director shall be veterans of
some war in which the United
States ha? engaged.
The first appointments shall
be for term* ol one. two. three,
four, five, »ix and seven years.
Thereafter all terms and ap
pointments .except In case of va
cancy. thall be for seven years.
Vacancies ahaD ba 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 Ift 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. Supremo Court
Justices; Quorum. The Supreme
Court shall consist of seven as
sociate justices, who shall from
time to time as they may deem
proper, elect one of their mem
ber 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;
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,
th fl t If all the justice* are dis
qualified, they or a majority of
them shall, despite their dis
quahfication, 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 The 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
elected for the 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
he ™ rne diately 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 1
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 vacancy 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 1
returns of such elections shall
be made to the Secretary of
State, who shall certify the re
sult to the Governor, and com- 1
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, 1
as existed cn August 16, 1916, 1
and such other like courts as
have been or may hereafter be '
established in other cities, In all 1
cases that involve the construe- :
tion of the Constitution of the 1
State of Georgia or of the Unit- 1
ed States, or of treaties between 1
the United States and foreign
governments; in all cases in 1
which the constitutionality of :
any law of the State of Geor- '
gia or of the United States, is :
drawn in question; and. until 1
otherwise provided by law, in 1
all cases respecting title to land: i
in all equity cases; in all cases ;
which involve the validity of, or i
the construction of wills; in all i
cases ol conviction of a capital i
felony; in all habeas c ,. ri
cases; in all cases involving?
traordinary remedies- in .f
vorce and alimony case, 1
all cases certified to it k nc
Court of Appeals for L ' lh »
mination. iTshTll X b e T ttr '
pelent for the Supreme p tm *
to require by certiorari or
wise any case to be cerfit htr '
th* Supreme Court °hl£ eQ
Court of Appeals for riv?P' th) *
determination with the ;r ' d
power and authority
case had been carried hv , ' ,r ‘*
error to the Supreme Pr? Wrlt tf
case carried to Th e rt - Ar ' v
Court or to the Court of Ar Plef ? e
which belongs to thi A , Prtf h,
which the other court h C “ ss
diction, shall u nt U huis
provided by law be tral r Vjfe
to the other court unH " erie d
rules as the Supreme cX SUch
prescribe and the cases so
ferred shall be heard , ns '
fermined by the court d y,h n< ? £ e *
jurisdiction thereof 1 ThTr^ 5
eral Assembly mav e G tn *
carrying cases or certahS ' (r
of cases to the SupVSL
and the Court of ApnealT/ Ur
the trial courts otherwise T? 9
by writ of error, and mav T"
scribe conditions as tn th ) c
of a party litiglnt to
case reviewed bv tho c IS
Court or Court of Appeals 1 "^ 1 *
Supreme Court shall ahT TT
junsdiction of and shall r i f ' 8
cases transferred to ft by c ,h!
£? ur ? °f Appeals because of •«
equal division between VT
Judges of that Court when IT
S of , cSf ,orthe d «™l£
Paragraph V
the courts docket for hearing
as provided by ParacnnV,
Article 1 oVtt
the next term. If the nhih 1,
m error shall not be prepared lU
prosecute the case at the term
for which it is so enteredf
hearing, unless prevented rv
providential cause, It shall U
stricken from the docket and i «
Ilrrr n t.t^ e^ow shall stand af
firmed. No writ of error sh; 1
be dismissed because of dthy
m transmission of the bill of Z
ceptions and the copy of t• e
record, or either of them, K !
-ulfing from the default of the
°l er u or otller cause. unless it
shall appear that the plaintiff in
or x * ll s CQunsel caused such
del "7- Nothing herein shall 1 e
construed to excuse the clerk for
f.nv omission of duty or to re"
peve him of any liability result
mg therefrom.
Paragraph VI. Judgments
m o y be withheld. In any c;,-e
Tukui’j ' n * ts discretion
withhold its judgment until the
next term after the same is
argued.
Paragraph VII. The Supreme
Court; how cases to be heard
and determined. The Supreme
shall have power to hear
find determine cases when sit
ting in a body, under such rcg
utahons as may be prescribed
Paragraph VIII. Court of Ap.
Peals. The Court of Appeals
shall consist of the Judges pr, .
vidc-d therefor by law at the
time of the ratification of this
amendment, and of such aclci
ticnal Judges as the General / ■-
sembly shall from time to time
prescribe. All terms of the
Judges of the Court of Appeals
a i lc lV the ex P'ration of the terms
of fho Judges provided for by
law at (he time of the ratifica
tion of this amendment, except
unexpired terms, shall continue
six rears, 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
pneo term, shall be the same as
f*’ e or may be provided for by
Tne laws relating to the electinr
and appointment of Justices (f
the Supreme Court. The Court
or 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-
as they existed on August
Ja, 1916, and such other like
courts as have been or may here
after be established in other cit
jes-. m. fill cases in which such
junsoiction has not been con
ferred by this Constitution upen
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 be
transmitted to the Supreme
Court, which, after having af
forded to the parties an oppor
tunity to be heard thereon, shall
instruct the Court of Appeals on
the question so certified, and the
Court (f Appeals shall be bound
bv the instruction so given. But
if bv lesson of equal division of
opinion among the Justices of
the Supreme Court no such in
struction is givo*n, the Court of
