The Dade County times. (Trenton, Ga.) 1908-1965, September 25, 1952, Image 3
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