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Senate Resolution No. 6
Resolution ho. 10
A Resolution
Proposing to the qualified voL
. r.eorgia an amendment to
z paragraph »' Gc f? in i, Article . b u!r
a new numbered IV
V Section I, to be
providing for the nomination
candidates for United States
of Governor, Lieutenant-
cnator, of State, the
rovernor, Secretary
Attorney General, State School
Superintendent, Comptroller-Gen-
State Treasurer, Commis ;
ion ; of Agriculture, Commit,
r of the
cinner of Labor, Justices
Supreme Court, Judges of the
Court of Appeals, and Members of
the Public Service Commission, on
‘"county Unit basis, in all pri¬
mary elections, held by any politi¬
cal party, and requiring political
parties to hold a primary election
for the aforesaid officers before
the name of such candidate or
candidates shall be placed upon
the tickets or ballots at the gen¬
eral election following such pri¬
mary; to set forth the method and
procedure to be followed; to pro¬
vide for a second primary election
for United States Senator or Gov¬
ernor when no candidate has re¬
ceived a majority of all the county
unit votes throughout the State,
when there are more than two
candidates for said office; to pro¬
vide for the date of holding said
second primary, who shall be can¬
didates; providing for the election
in the second primary on a county
unit basis, the candidate receiving
the majority of the county unit
votes to be declared the nomi¬
nee; to provide that if both candi¬
dates for any office in said second
primary election shall receive an
equal number of county unit
votes, the candidate receiving the
majority of the popular votes cast
shall be the nominee of such party
for that particular office; and for
other purposes.
BE IT RESOLVED BY THE
GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Upon the approval of this Reso-
1 t'on in the manner hereinafter
provided, that Article V, Section
i of the Constitution of Georgia
l and the same is hereby amend-
r J : y inserting a new paragraph
tj ho numbered IV(a), to read as
i ; . 07/ £ I
i’.ragu&ph IV(a). All political
’ ■ ties desiring to certify party
nominees to the Secretary of
Stale to be placed on the general
taction ballot for the offices of
United States Senator, Governor,
Lieutenant-Governor, Secretary of
State, the Attorney General, State
School Superintendent, Comptrol¬
ler General, State Treasurer,
Commissioner of Agriculture
Commissioner of Labor, Justices
of the Supreme Court, Judges of
the Court of Appeals, and Mem¬
bers of the Public Service Com¬
mission shall hold primary elec¬
tions for nomination of said
candidates, and such party or its
authorities shall cause all candi¬
dates for nomination for said of¬
fices to be voted for on one and
the same day throughout the
State, which is hereby fixed as the
second Wednesday in September
of each year in which there ii a
regular general election, except
when the United States is engaged
in war, or when a National Emer¬
gency has been proclaimed by the
President of the United States,
another date may be fixed by the
General Assembly in order to pro¬
vide for members of the Armed
Forees to vote. Candidates for
nominations to the above named
offices who receive, respectively,
the highest number of popular
votes in any given county shall be
considered to have carried such
county, and shall be entitled to
the full vote of such county, on
the county unit basis, that is to
wy > votes for each represent¬
ative to which such county is en¬
titled in the Lower House of the
General Assembly. If in any
county, any two or more candi¬
dates shall tie for the highest
number of popular votes received,
the county unit vote of such coun-
t> shall be equally divided be-
the candidates so tying. All
* uch county unit votes shall with-
ln ten days after such primary be
accurately consolidated by the
irman and Secretary of the
" Ute Committee of the political
Published Par^y holding such primary and
in & newspaper publish-
' at the Capitol, and the candi¬
es for said offices, respective-
?> who shall receive a majority
a the county unit votes,
/.basis °v^° U above ^ the entire state, upon
«c ared set forth, shall be
by the State Convention
/ e Party permanent bo 'ding such primary,
‘ Chairman there-
o«V° r .. other necessity Party authority, with-
V auot, II of a formal
to be the nominees of such
7 for the above named of-
e «-respectively; and it shall be
J ty of the State executive
committee elected or appointed at
such convention, or by its author¬
ity, or the chairman or secretary
thereof, or other authority of such
party, to see to it that the names
of all such successful candidates
shall be placed upon the tickets or
ballots of such party at the gen¬
eral election following such pri¬
mary, and such successful candi¬
dates shall be considered, deemed
and held as the duly nominated
candidates of such party for the
offices named; provided, that in
the event there are only two
candidates for any particular of¬ j
fice referred to in this section,
and it shall appear, after the con¬
solidation of all the county unit
votes throughout the State, that
said candidates have received an
equal number of county unit
votes, the one who shall have re¬
ceived a majority of the popular
votes shall be declared by the
State convention of the party
holding such primary, or the per¬
manent chairman thereof, or oth¬
er party authority, without the
necessity of a formal ballot, to be
the nominee of such party for
such office; and it shall be the
duty of the State executive com¬
mittee elected or appointed at such
convention, or by its authority,
or the chairman or secretary
thereof, or other authority of such
party, to see to it that the name
of such successful candidates shall
be placed upon the tickets or bal¬
lots of such party at the general
election following such primary,
and such successful candidate |
shall be considered, deemed and
held as the duly nominated candi¬ i
date of such party for the office
named. If no convention of such
party shall be called or held, the
declaration of the result shall be
made in such manner as may be
prescribed by the State commit¬
tee or other authority of such
party. The name of no person
shall be placed on the general |
election ballots or tickets for said
offices who was not nominated in
a primary election as herein pro¬
vided, except to fill a vacancy
caused by death, or other causes,
of the nominee in said primary.
In the event that, after such
consolidation of all the Bounty
unit votes throughout the State,
it shall be made to appear that in
the contest for United States
Senator or Governor, that there
are more than two candidates for
any one or more of said offices,
and no candidate has received a
majority of all of the county unit
votes throughout the State, upon
the basis above set forth, such
political party shall hold a second
primary election throughout the
State on the first Wednesday in
October following such first pri¬
mary election, and in such second
primary election, only the two
candidates ascertained to have re¬
ceived the highest number of
county unit votes at the first pri¬
mary election for either one of
said offices shall be voted for,
except when the United States is
engaged in war, or when a Nation¬
al Emergency has been proclaim¬
ed by the President of the United
States, another date may be fixed
by the General Assembly in order
to provide for members of the
Armed Forces to vote. The vote
shall be consolidated and the re¬
sult declared and certified within
10 days after said second primary
election, and published in a news¬
paper published at the Capitol
within three days after the com¬
pletion of said consolidation, and
the candidate who received a ma¬
jority of the county unit votes
throughout the State shall be de¬
clared by the State convention of
the party holding such primary,
or the permanent chairman there¬
of, or other party authority, with¬
out the necessity of a formal
ballot, to be the nominee of such
party for the particular office for
which he is a candidate; and it
shall be the duty of the State
executive committee elected or
appointed at such convention, or
by its authority, or the chairman
or secretary thereof, or other au¬
thority of such party, to see to it
that the names of all such success¬
ful candidates shall be placed up¬
on the tickets or ballots of such
party at the general election fol¬
lowing such primary, and such
successful candidates shall be con¬
sidered, deemed and held to be
the duly nominated candidates of
such party for the offices nam¬
ed: Provided, that if both candi¬
dates for any office in said pri¬
mary election shall receive an
equal number of county unit
votes of all the counties, said
State convention or the perma¬
nent chairman thereof, or the
secretary thereof, or other auth¬
ority of such party, shall declare
the candidate receiving the ma¬
jority of the popular votes cast the
regular nominee of such party for
that particular office: Provided,
further, that if no convention of
such party shall be called or held,
the declaration of the result shall
be made in such manner as may
be prescribed by the State com¬
THE DADE COUNTY TIMES, TRENTON, GEORGIA, THURSDAY, SEPTEMBER 25, 1952
mittee or other authority of such
party: Provided, further that in
the event there shall be more than
two candidates in the first pri¬
mary and any two candidates shall
tie in said first primary for the
next or second highest number of
county unit votes received, the
candidate who shall receive the
highest number of popular votes
in said first primary, a3 between
said two candidates so tying, shall
make the contest in said second
primary, against the candidate
who shall have received in said
first primary the highest number
of county unit votes; and in the
event any three or more candi¬
dates shall tie in said first primary
for the highest number of county
unit votes, the two candidates
(among said candidates sc tying
for the highest number of county
unit votes) who shall have receiv¬
ed the highest number of popular
votes in said first primary shall
make the contest against each
other in said second primary. In
the contest for all said offices, ex¬
cept United States Senator and
Governor, the candidates for such
offices who shall receive the high¬
est number of county unit votes,
throughout the State, upon the
basis above set forth, shall in like
manner, be declared the nominees
of such party for said offices, re¬
spectively; and if after such con¬
solidation it shall be made to ap¬
pear that any two or more candi¬
dates for the same office (except
in contests for United States Sena¬
tor and Governor) shall have re-
ceived the highest number of
county unit votes, and an equal
number of county unit votes, the
candidate or candidates who shall
receive the highest number of
popular votes throughout the state
shall, in like manner, be declared
the nominee or nominees of such
party for said offices, respective¬
ly. Provided, however, that in
the event of the death of a nomi-
nee who has been nominated by
any political party for any of said
offices should die prior to the gen¬
eral election, the executive com¬
mittee of the political party nomi-
nating said deceased nominee
shall have the right to certify the
name of some other member of
said political party as the nomi¬
nee of said party whose name shall
be placed on the general election
ballot.
SECTION 2.
BE IT RESOLVED BY THE
GENERAL ASSEMBLY OF
GEORGIA, that when this amend¬
ment shall have been agreed to by
two-thirds of the members elected
to each of the two houses of the
General Assembly the same shall
be entered on their journal with
the “ayes” and “nays” taken
thereon and shall be published
and submitted to the people for
ratification or rejection as one
single amendment to the Consti¬
tution at the next general election
in 1952, as provided by law. Those
voting in favor of the ratification
of the amendment herein propos¬
ed shall have written or printed
on their ballots the words “For
nominating by political parties,
U. S. Senator, Governor, Lieute¬
nant-Governor, Secretary of
State, the Attorney General, the
State School Superintendent, the
Comptroller General, the Treas¬
urer, the Commissioner of Agri¬
culture, and the Commissioner of
Labor, Justices of Supreme Court,
Judges of the Court of Appeals,
and members of the Public Serv¬
ice Commission, by the people on
a county unit basis.” Those vot¬
ing against the ratification of the
amendment herein proposed shall
have written or printed on their
ballots the words “Against nomi¬
nating by political parties, U. S.
Senator, Governor, Lieutenant-
Governor, Secretary of State, the
Attorney General, the State
School Superintendent, the Comp¬
troller - General, the Treasurer,
the Commissioner of Agriculture,
and the Commissioner of Labor,
Justices of Supreme Court, Judges
of the Court of Appeals, the mem¬
bers of the Public Service Com¬
mission, by the people on a county
unit basis.” If a majority of the
electors qualified to vote for mem¬
bers of the General Assembly,
voting thereon, shall vote for the
ratification thereof, when the re¬
turns shall be consolidated as now
required by law in election for
members of the General Assem¬
bly, and return thereof made to
the Governor, then he shall de¬
clare said amendment adopted,
and make proclamation of the re¬
sult thereof, and said amendment
shall become a part of the Consti¬
tution of the State of Georgia.
S. MARVIN GRIFFIN
President of the Senate
GEORGE D. STEWART
Secretary of the Senate
FRED HAND
Speaker of the House
JOE BOONE
Clerk of the House
APPROVED: TALMADGE
HERMAN E.
Governor 1981.
This 12 day of Feb.
— 2 —
Senate Resolution No. 5
Resolution No. 25
A Resolution
Proposing to the qualified vot¬
ers of the State of Georgia an
amendment to the Constitution of
the State of Georgia by adding to
Paragraph IV of Section IX of
Article VII, a nev sub-paragraph
to be numbered (b) to read as
follows:
(b) To defray the cost of all
activities incident to providing
and maintaining an adequate
system of public roads and
bridges in this State as author¬
ized by laws enacted by the
General Assembly of Georgia,
and for grants to counties for
aid in county road construction
and maintenance as provided by
law authorizing the State treas¬
ury to make such grants, the
General Assembly of Georgia
shall in each General Appro-:
priation Act make the aggre¬
gate of the fixed appropriations .
for highway purposes an
amount not less than the total
Motor Fuel and Motor Vehicle ,
License taxes received by the
State Treasury for the immedi¬
ately preceding fiscal year, less
the amount of refunds, rebates,
and collection costs authorized
by law. The expenditure of the
appropriations made in conform- J
ity with this provision shall be
subject to all the rules, regula¬
tions and restrictions imposed
on the expenditure of appro¬
priations by provisions of this
State Constitution and other
laws enacted by the General
Assembly. Said funds are here¬
by allocated to the Highway
Department and shall be utiliz¬
ed for highway improvement
including construction and
maintenance. In the event of a
general war in which the United
States of America is involved
said funds shall be held to the
credit of the State Highway De¬
partment until such time as the
road building program can be
continued and materials obtain¬
ed for said purpose. During
any such period of time all the
funds, which cannot be used for
highway purposes, shall be in¬
vested in bonds of the United
States of America or securities,
the payment of the principal
and interest of said securities
being guaranteed by the Uni¬
ted States of America. In the
event of invasion of this state
by land, sea, or air, said funds
may be utilized on the execu¬
tive order of the Governor for
defense purposes.
BE IT RESOLVED BY THE I
GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Upon the approval of this reso¬
lution in the manner hereinafter
provided that Paragraph IV of
Section JX of Article VII of the
Constitution of the State of Geor¬
gia be amended by adding a new
sub-paragraph to he numbered
(b) to read as follows:
“(b) To defray the cost of
all activities incident to provid¬
ing and maintaining an ade¬
quate system of public roads
and bridges in this State as au¬
thorized by laws enacted by the
Genera] Assembly of Georgia,
and for grants to counties for
aid in county road construction
and maintenance as provided by
law authorizing the State treas¬
ury te make such grants, the
General Assembly of Georgia
shall in each General Appro- i
priation Act make the aggre¬
gate of the fixed appropriations
for highway purposes an
amount not less than the total
Motor Fuel and Motor Vehicle
License taxes received by the
State Treasury for the immedi¬
ately preceding fiscal year, less
the amount of refunds, rebates,
and collection costs authorized
by law. The expenditure of the
appropriations made in con¬
formity with this provision shall
be subject to all the rules, regu¬
lations and restrictions imposed
on the expenditure of appro¬
priations by provisions ef this
State Constitution and other
laws enacted by the General As¬
sembly. Said funds are hereby
allocated to the Highway De¬
partment and shall be utilized
for highway improvement in¬
cluding construction and main¬
tenance. In the event of a gen¬
eral war in which the United
States of America is involved
said funds shall be held to the
credit of the State Highway
Department until such time as
the road building program can
be continued ar.d materials ob¬
tained for said purpose. Dur¬
ing any such period of time all
the funds, which cannot be used
for highway purposes, shall be
invested in bonds of the United
States of America or securities,
the payment of the principal
and interest of said securities
being guaranteed by the United
States of America. In the event
of invasion of this state by
land, sea, or air, said funds may
be utilized on the executive
order of the Governor for de¬
fense purposes.”
and so that Paragraph IV of Sec¬
tion IX of Article VII of the Con¬
stitution of the State of Georgia,
when so amended shall read as
follows:
“(a) The appropriation for
each department, officer, bu¬
reau, board, commission, agen¬
cy, or institution for which ap¬
propriation is made shall be for
a specific sum of money, and
no appropriation shall allocate
to any object, the proceeds of
any particular tax or fund or
a part of percentage thereof.”
“(b) To defray the cost of
all activities incident to pro¬
viding and maintaining an ade¬
quate system of public roads
and bridges in this State as au¬
thorized by laws enacted by the
General Assembly of Georgia,
and for grants to counties for
aid in county road construction
and maintenance as provided by
law authdrizing the State treas¬
ury to make such grants, the
General Assembly of Georgia
shall in each General Appropri¬
ation Act make the aggregate
of the fixed appropriations for
highway purposes an amount
not less than the total Motor
Fuel and Motor Vehicle License
taxes received by the State
Treasury for the immediately
preceding fiscal year, less the
amount of refunds, rebates, and
collection costs authorized by
law. The expenditure of the
appropriations made in con¬
formity with this provision shall
be subject to all the rules,
regulations and restrictions im¬
posed on the expenditure of ap¬
propriations by provisions of
this State Constitution and oth¬
er laws enacted by the General
Assembly. Said funds are hereby
allocated to the Highway De¬
partment and shall be utilized
for highway improvement in¬
cluding construction and main¬
tenance. In the event of a gen¬
eral war in which the United
States of America is involved
said funds shall be held to the
credit of the State Highway De¬
partment until such time as the
road building program can be
continued and materials obtain¬
ed for said purpose. During
any such period of time all the
funds, which cannot be used for
highway purposes, shall be in¬
vested in bonds of the United
States of America or securities,
the payment of the principal
and interest of said securities
being guaranteed by the United
States of America. In the event
of Invasion of this state by land,
sea, or air, said funds may be
utilized on the executive order
of the Governor for defense
purposes.
SECTION 2.
BE IT FURTHER RESOLVED
BY THE AUTHORITY AFORE¬
SAID, that whenever the above
proposed amendment to the Con¬
stitution shall have been agreed
to by twe-thirds of the members
elected to each of the two houses
of the General Assembly, and the
same has been entered on their
Journals, with the “yeas” and
“nays” taken thereon, the Gover¬
nor shall be and he is hereby au¬
thorized and instructed to cause
such amendment to be published
in one or more newspapers in each
Congressional District of this
State, for two months next pre¬
ceding the time of holding the
next General Election.
SECTION 3.
BE IT FURTHER RESOLVED
BY THE AUTHORITY AFORE¬
SAID, that the above proposed
amendment shall be submitted for
ratification or rejection by the
electors of this State at the next
General Election to be held after
the publication as provided for in
the seeond section of this resolu¬
tion, in the several election dis¬
tricts of this State, at which elec¬
tion every person shall be quali¬
fied to vote who ie qualified to
vote for members of the General
Assembly. All pereons voting at
said election in favor of adopting
the said proposed amendment to
the Constitution shall have written
or printed on their ballots the
words:
“For ratification of the amend¬
ment to Paragraph IV of Seetion
IX of Article VII' of the Consti¬
tution, to provide for the appro¬
priation of funde for highway
purposes”.
And all persons opposed to the
adoption of said amendment shall
have written or printed on their
ballots the words:
“Against the ratification of the
amendment to Paragraph IV of
Section IX of Article VII of the
Constitution, to provide for the
appropriation of funds for high¬
way purposes.”
If the people ratify such amend¬
ment by a majority of the electors
qualified to vote for members of
the General Assembly voting
DADE COUNTY FAIR
October 3 - 4
ORDER FOR CITATION
OFFICE OF THE ORDINARY
OF DADE COUNTY. GEORGIA
The above petition of Mrs.
JESSIE MAE WILSON (MRS.
WALTER S. WILSON), to be
appointed Administratrix of
the Estate of the late Husband
Walter S. Wilson, deceased,
read and considered..
LET CITATION ISSUE AC¬
CORDINGLY.
(1) FOR PUBLICATION OF
SAID NOTICE AND ADMIN¬
ISTRATION IN THE DADE
COUNTY TIMES, a legal news¬
paper whose place of publica¬
tion of legal notices is in DADE
COUNTY GEORGIA, for the
period of time required by
Georgia Law.
THIS 2nd DAY OF SEPTEM¬
BER, 1952.
A. W. Peck
Ordinary of Dade
County. Georgia.
thereon such amendment shall be¬
come a part of the Constitution
of this State. The returns of the
election shall be made in like man¬
ner as returns for members of
the General Assembly, and it shall
be the duty of the Secretary of
State to ascertain the result and
to certify the result to the Gover¬
nor, who shall, if such amendment
be ratified, make proclamation
thereof .
SECTION 4.
That any and all provisions of
law and parts of laws, in conflict
herewith be, and the same are
hereby repealed.
S. MARVIN GRIFFIN
President of the Senate
GEORGE D. STEWART
Secretary of the Senate
FRED HAND
Speaker of the House
JOE BOONE
Clerk of the House
— 9 —
House Resolution No. 17-89h
Resolution No. 31
A Resolution
Proposing to the qualified vot¬
ers of the State of Georgia an
amendment to the Constitution of
this State by striking therefrom
Paragraph XV of Section VII of
Article III in its entirety, and in¬
serting in lieu thereof a new para¬
graph providing for notice of in¬
tention to apply for lecal legisla¬
tion to be advertised in the news¬
paper in the locality affected; to
provide for method of changing
term of office or abolishing an
office during the term for which
a person has been elected; and
to provide for the method of in¬
creasing the membership of any
municipal or county governing au¬
thority; and for other purposes.
BE IT RESOLVED BY THE
GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Upon the approval of this Reso¬
lution in the ‘manner hereinafter
provided, that Paragraph XV of
Section VII of Article III be and
the same is hereby repealed by
striking in its entirety all of said
Paragraph XV of Section VII of
Article III, which reads as fol¬
lows:
“Paragraph XV. Notice of in¬
tention to ask local legislation
necessary.
No local or special bill shall be
passed, unless notice of the in¬
tention to apply therefore shall
have been published in the news¬
paper in which the Sheriff’s ad¬
vertisements for the locality af¬
fected are published, once a week
for three v/eeks during a period
of sixty days immediately preced¬
ing its introduction into the Gen¬
eral Assembly. No local or spe¬
cial bill shall become law unless
there is attached to and made a
part of said bill a copy of said
notice certified by the publisher,
or accompanied by an affidavit
of the author, to the effect that
said notice has been published as
provided by law. No office to
which a person has been elected
snail be abolished, nor the term
of the office shortened or length¬
ened by local or special bill dur¬
ing the term for which such per¬
son was elected unless the same
be approved by the people of the
jurisdiction affected in a referen¬
dum on the question. Where any
local law shall add any member
or members to any municipal or
I county governing authority, the
members of which are elected by
the people, such local law must
provide that the member or mem¬
bers so added must be elected by
a majority vote of the qualified
voters of the political subdivision
affected”, and that in lieu there¬
of a new paragraph be substitut¬
ed, to be known as Paragraph XV
of the Section VII of Article III
of the Constitution of the State of
Georgia, and which shall read as
follows:
“Paragraph XV. Notice of in¬
tention to ask local legislation
necessary.
No local or special bill shall be
passed, unless notice of the in¬
tention to apply therefor shall
have been published in the news¬
paper in which the Sheriff’s ad¬
vertisements for the locality af¬
fected are published, once a week
for three weeks during a period
of sixty days immediately preced¬
ing its introduction into the Gen¬
eral Assembly. No local or special
bill shall become law unless there
is attached to and made a part
of said bill a copy of said notice
certified by the publisher, or ac¬
companied by an affidavit of the
author, to the effect that said
notice has been published as pro¬
vided by law. No office to which
a person has been elected shall
be abolished, nor the term of the
office shortened or lengthened by
local or special bill during the
term for which such person was
elected unless the same be ap¬
proved by the people of the juris¬
diction affected in a referendum
on the question. When any local
law shall add any member or
members to any municipal or
county governing authority, the
members of which are elected by
the people, such local law muat
provide that the member or mem¬
bers so added must be elected by
the qualified voters of the politi¬
cal subdivision affected under
such rules as the General Assem¬
bly may in said law provide.’’
SECTION 2.
Be it resblved by the General
Assembly of Georgia that when
this amendment shall have been
agreed to by two-thirds of the
members elected to each of the
two houses of the General As¬
sembly the same shall be entered
on their journals with the “Ayes”
and “Nays” taken thereon and
shall be published and submitted
to the people for ratification or
rejection as one single amendment
to the Constitution at tha next
general election in 1952, as pro¬
vided by law. If a majority of
the electors qualified to vote for
members of the General Assem¬
bly, voting thereon, shall vote for
the ratification thereof, when the
returns shall be consolidated as
now required by law in election
for members of the General As¬
sembly, the returns thereof made
to the Governor, then he shall de¬
clare said amendment adopted,
and make a proclamation of the
result thereof, and said amend¬
ment shall become a part of the
Constitution of the State of Geor¬
gia.
FRED HAND
Speaker of the House
S. MARVIN GRIFFIN
President of the Senate
JOE BOONE
Clerk of the House
GEORGE D. STEWART
Secretary of the Senate
