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A PROCLAMATION
Submitting a proposed amendment to the
Constitution of Georgia of 1877 revising the
said Constitution. Such proposed amend
ment to be voted on at the Generel Elec
tion to be held on Tuesday, August 7, 1945.
By His Excellency,
ELLIS ARNALL, Governor
State of Georgia,
Executive Department
r May 1, 194 5
WHEREAS, by the votes of two-thirds
of the members elected to each of the two
Houses, the General Assembly at its 1945
session proposed an amendment to the
Constitution of this State as set forth in a
Resolution approved March 9, 1945, to-wit:
H. R. No. 11—Gov. No. 34
A RESOLUTION
Proposing (as one single amendment) to
amend the Constitution of the State of
Georgia of 1877 and all amendments there
of, by striking in their entirety Article I
(Bill of Rights), Article II (Elective Fran
chise), Article 111 (Legislative Depart
ment), Article IV (Power of the General
Assembly Over Taxation), Article V (Exec
utive Department), Article VI (Judiciary),
Article VII (Finance, Taxation, and Pub
lic Debt), Article VIII (Education), Article
IX (Homesteads and Exemptions), Article
X (Militia), Article XI (Counties and
County Officers), Article XII (The Laws
of General Operation in Force in This
State), Article XIII (Amendments to the
Constitution), and by inserting in lieu
thereof, after the Preamble of the Con
stitution of the State of Georgia of 1877,'
new Articles as follows: Article I (Bill of
Rights), Article II (Elective Franchise),
Article 111 (Legislative Department), Ar
ticle IV (Public Utilities, Eminent Do
main, Police Power, Insurance Companies,
Contracts, etc.). Article V (Executive De
partment), Article VI (Judiciary), Article
VII (Finance, Taxation and Public Debt),
Article VIII (Education), Article IX
(Homesteads and Exemptions), Article X
(Militia), Article XI (Counties and Muni
cipal Corporations), Article VII (The Laws
of General Operation in Force in This
State), Article XIII (Amendments to the
Constitution), Article XIV (Merit System),
and Article XV (Home Rule); and to pro
vide for the submission of the Amendment
so proposed as one Amendment to the qual
ified voters of the State of Georgia for
ratification or rejection at the General
Election to be held in August, 1915.
WHEREAS, the purpose of this single
amendment is to co-ordinate the proposed
substantial principles of organic law into
one subject matter of the Constitution; it
being impracticable otherwise than in one
subject matter and one amendment to per
fect the rearrangement sought; and to
render unnecessary the evil consequences
of a portion by portion adoption or rejec
tion which would in case of adoption of
some portions and rejection of others re
sult in a Constitution lacking correlation.
NOW THEREFORE. BE IT RESOLVED
BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section One
That the Constitution of the State of
Georgia of 1877 and all Amendments there
of appearing after the Preamble, be and it
is, hereby proposed to be amended as one
single amendment by striking therefrom
in their entirety Article I (Bill of Rights),
Article II (Elective Franchise), Article 111
(Legislative Department). Article IV (Power
of the General Assembly over Taxation),
Article V (Executive Department), Article
VI (Judiciary), Article VII (Finance, Taxa
tion, and Public Debt), Article VIII (Edu
cation), Article IX (Homesteads and
Exemptions), Article X (Militia), Article
XI (Counties and County Officers), Article
XIII (The Laws of General Operation in
Force in This State), Article XIII (Amend
ments to the Constitution), and inserting
in lieu thereof new Articles Numbers I
through XV inclusive, so that when so
amended, the Constitution of the State of
Georgia of 1877 shall read, beginning with
the Preamble, as follows:
PREAMBLE
To perpetuate the principles of free gov
ernment, insure justice to all, preserve
peace, promote the interest and happiness
of the citizen, and transmit to posterity
the enjoyment of liberty, we, the people of
Georgia, relying upon the protection and
guidance of Almighty God, do ordain and
establish this Constitution.
ARTICLE I.
Bill of Rights.
Section I.
Paragraph I. Origin and foundation of
government. All government. of right,
originates with the people, is founded upon
their will only, and is instituted solely for
the good of the whole. Public officers are
the trustees and servants of the people,
and at all times, amenable to them.
Paragraph 11. Protection the duty of
government. Protection to person and prop
erty is the paramount duty of government,
and shall be impartial and complete.
Paragraph 111. Life, liberty and prop
erty. No person shall be deprived of life,
liberty, or property, except by due process
of law.
Paragraph IV. Right to the courts. No
person shall be deprived of the right to
prosecute or defend his own cause in any
of the courts of this State, in person, bv
attorney, or both.
Paragraph V. Benefit of counsel; accusa
tion; list of witnesses; compulsory process;
trial by jury. Every person charged with
an offense against the laws of this State
shall have the privilege and benefit of coun
sel; shall be furnished, on demand, with
a copy of the accusation, and a list of the
witnesses on whose testimony the charge
against him is founded; shall have com
pulsory process to obtain the testimony of
his own witnesses; shall be confronted with
the witnesses testifying against him; and
shall have a public and speedy trial by an
impartial jury.
Paragraph VI. Crimination of self not
compelled. No person shall be compelled
to give testimony tending in any manner to
criminate himself.
Paragraph VII. Banishment and whipping
as punishment for crime. Neither banish
ment beyond the limits of the State, nor
whipping, as a punishment for crime, shall
be allowed.
Paragraph VIII. Jeopardy of life or lib
erty more than once forbidden. No per
son shall be put in jeopardy of life, or lib
erty, more than once for the same offense,
save on his, or her own motion for a new
trial after conviction, or in case of mis
trial.
Paragraph IX. Bail, fines, punishment;
arrest, abuse of prisoners. Excessive bail
shall not be required, nor excessive fines
imposed, nor cruel and unusual punish
ments inflicted; nor shall any person be
abused in being arrested, while under ar
rest, or in prison.
Paragraph X. Costs. No person shall be
compelled to pay costs except after con
viction on final trial.
Paragraph XI. Habeas corpus. The writ
of Habeas Corpus shall not be suspended.
Paragraph XII. Freedom of conscience.
All men have the natural and inalienable
right to worship God, each according to
the dictates of his own conscience, and no
human authority should, in any case, con
trol or interfere with such right of con
science.
Paragraph XIII. Religious opinions; lib
erty of conscience. No inhabitant of this
State shall be molested in person or prop
erty, or prohibited from holding any public
office, or trust, on account of his religious
opinions; but the right of liberty of con
science shall not be so construed as to ex
cuse acts of licentiousness, or justify prac
tices inconsistent with the peace and safety
of the State.
Paragraph XIV. Appropriations to
churches, sects, etc., forbidden. No money
shall ever be taken from the public Treas
ury, directly or indirectly, in aid of any
church, sect, or denomination of religion
ists, or of any sectarian institution.
Paragraph XV. Liberty of speech or of
the press guaranteed. No law shall ever be
passed to curtail, or restrain the liberty of
speech, or of the press; any person ma/
speak, write and publish his sentiments, on
all subjects, being Responsible for the abuse
of that liberty.
Paragraph XVI. Searches, seizures, and
warrants. The right of the people to be
secure in their persons, houses, papers, and
effects, against unreasonable searches and
seizures, shall not be violated; and no war
rant shall issue except upon probable cause,
supported by oath, or affirmation, par
ticularly describing the place, or places,
to be searched, and the persons or things
to be seized.
Paragraph XVII. Slavery and involun
tary' servitude. There shall be within the
State of Georgia neither slavery nor invol
untary 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 authority superior
to military. The civil authority shall be
superior to the military, and no soldier
shall, in time of peace, be quartered in any
house, without the consent of the owner,
nor in time of war, except by the ci.il
magistrate, in such manner as may be pro
vided by law.
Paragraph XX. Contempts. The power of
the Courts to punish for contempt shall be
limited by legislative acts.
Paragraph XXL Imprisonment for debt.
There shall be no imprisonment for debt.
Paragraph XXII. Arms, right to keep
and bear. The right of the people to keep
and bear arms, shall not be infringed, but
the General Assembly shall have power to
prescribe the manner in which arms may
be borne.
Paragraph XXIII. Legislative, judicial,
and executive powers, separate. The legis
lative, judicial and executive powers shall
forever reritain separate and distinct, and
no person discharging the duties of one,
shall, at the same time, exercise the func
tions of either of the others, except as
herein provided.
Paragraph XXIV. Right to assemble and
petition. The people have the right to as
semble peacefully for their common good
and to apply to those vested with the pow
ers of government 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 citizens
of this State, and it shall be the duty of
the General Assembly to enact such laws
as will protect them in the full enjoyment
of the rights, privileges and immunities
due to such citizenship.
Section 11.
Paragraph I. Libel; jury in criminal
cases; new trials. In all prosecutions or in
dictments for libel the truth may be given
in evidence; and the jury'in all criminal
cases, shall be the judges of the law’ and
the facts. The power of the judges to grant
new’ trials, in case of conviction, is pre
served.
Paragraph 11. Treason. Treason against
the State of Georgia, shall consist in levy
ing war against her; adhering to her ene
mies; giving them aid and comfort. No
person shall be convicted of treason, ex
cept on the testimony of two witnesses to
the same overt act, or confession in open
court.
Paragraph 111. .Conviction, effect of. No
conviction shall work corruption of blood,
or forfeiture of estate.
Paragraph IV. Lotteries. All lotteries,
and the sale of lottery tickets, are hereby
prohibited: and this prohibition shall be
enforced by penal law’s.
Paragraph V. Lobbying; penalties. Lobby
ing is declared to be a crime, and the Gen
eral Assembly shall enforce this provision
by suitable penalties.
Paragraph VI. Fraud; concealment of
property. The General Assembly shall
have the power to provide for the punish
ment of fraud; and, shall provide by law,
for reaching property of the debtor con
cealed from the creditor.
Section 111.
Paragraph I. Private ways; just com
pensation. In case of necessity, private
ways may be granted upon just compen
sation being first paid by the applicant.
Private property shall not be taken, or
damaged, for public purposes, without just
and adequate compensation being first paid.
Paragraph 11. Attainder; ex post facto
and retroactive laws, etc. No bill of at
tainder, ex post facto law’, retroactive law,
or law impairing the obligation of con
tracts, or making irrevocable grant of spe
cial privileges or immunities, shall be
passed.,
Paragraph 111. Revocation of tax exemp
tions. All exemptions from taxation here
tofore granted in corporate characters are
declared to be henceforth null and void.
Section IV.
Paragraph I. General laws; uniform op
eration; how varied. Law’s of a general
nature shall have uniform operation
throughout the State, and no special law
shall be enacted in any case for which pro
vision has been made by an existing gen
eral law. No general law’ affecting private
rights, shall be varied in any particular
case, by special legislation, except w’ith
the free consent, in writing, of all persons
to be affected thereby; and no person un
der legal disability to contract, is capable
of such consent.
Paragraph 11. What acts void. Legisla
tive acts in violation of this Constitution,
of the Constitution of the United States,
are void, and the Judiciary shall so de
clare them.
Section V.
Paragraph I. State rights. The people
of this State have the inherent, sole and
exclusive right of regulating their internal
government, and the police thereof, and of
altering and abolishing their Constitution
whenever it may be necessary to their
safety and happiness.
Paragraph 11. Enumeration of rights not
denial of others. The enumeration of rights
herein contained as a part of this Con
stitution shall not be construed to deny to
the people any inherent rights which they
may have hitherto enjoyed.
Section VI.
Paragraph I. Tidewater titles; confirmed.
The Act of the General Assembly approved
December 6, 1902, which extends the title
of ownership of lands abutting on tidal
water to low’ water mark is hereby ratified
and confirmed.
ARTICLE 11.
Elective Franchise.
Section I.
Paragraph I. Elections by ballot; regis
tration of voters. Elections by the people
shall be by ballot, and only those persons
shall be allowed to vote who have been
first registered in accordance w’ith the re
quirements of law.
Paragraph 11. Who shall be an elector
entitled to register and vote. Every citi
zen of this State who is a citizen of the
United States, eighteen years old or up
wards, not laboring under any of the dis
abilities named in this Article, and pos
sessing the qualifications provided by it,
shall be an elector and entitled to regis
ter and vote at any election by the people:
Provided, that no soldier, sailor or marine
in the military or naval services of the
United States shall acquire the rights of
an elector by reason of being stationed on
auty in this State.
Paragraph HI. Who entitled to register
and vote. To entitle a person to register
and vote at any election by the people, he
shall have resided in the State one year
next preceding the election, and in the
county in which he offers to vote six
months next preceding the election.
Paragraph IV. Qualifications of electors.
Every citizen of this State shall be entitled
to register as an elector, and to vote in
all elections in said State, who is not dis
qualified under the provisions of Section II
of Article II of this Constitution, and who
possesses the qualifications prescribed in
Paragraphs II and HI of this Section or
who will possess them at the date of the
election occuring next after his registra
tion. and w’ho in addition thereto comes
within either of the classes provided for in
the two following subdivisions of this para
graph.
1. All persons who are of good character
and understand the duties and obligations
of citizenship under a republican form of
government; or.
2. All persons who can correctly read in
the English language any paragraph of the
Constitution of the United States or of this
State and correctly write the same in the
English language when read to them by
any one of the registrars, and all persons
who solely because of physical disability are
unable to comply with the above require
ments but who can understand and give a
reasonable interpretation of any paragraph
of the Constitution of the United States or
of this State that may be read to them by
any one of the registrars.
Paragraph V. Appeal from decision of
registrars. Any person to whom the right
of registration upon the ground that he
lacks the qualifications set forth in the
two subdivisions of Paragraph IV shall
have the right to take an appeal, and any
citizen may enter an appeal from the de
cision of the registrars allowing any per
son to register under said subdivisions. All
appeals must be filed in writing w’ith the
registrars within ten days from the date of
the decision complained of, and shall be
returned by the registrars to the office of
the clerk of the superior court to be tried
as other appeals.
Paragraph VI. Judgment of force pending
appeal. Pending an appeal and until the
final decision of the case, the judgment of
the registrars shall remain in full force.
Section 11.
Paragraph I. Registration of electors;
who disfranchised. The General Assembly
may provide, from time to time, for the
registration of all electors, but the follow
ing classes of persons shall not be permitted
to register, vote or hold any office, or ap
pointment of honor, or trust in this State,
to-wit: Ist. Those who shall have been con
victed in any court of competent jurisdiction
of treason against the State, of embezzle
ment of public funds, malfeasance in office,
bribery or larceny, or of any crime involving
THE SUMMERVILLE NEWS, THURSDAY, JUNE 14, 1945.
moral turpitude, punishable by the laws of
this State with imprisonment in the peni
tentiary, unless such persons shall have
been pardoned. 2nd. Idiots and insane
persons.
Section 111.
Paragraph I. Privilege of electors from
arrest. Electors shall, in all cases, except
for treason, felony, larceny and breach of
the peace, be privileged from arrest during
their attendance on elections, and in go
ing to and returning from the same.
Section IV.
Paragraph I. Holder of public funds. No
person who is the holder of any public
money, contrary to law, shall be eligible to
any office in this State until the same is
accounted for and paid into the Treasury.
Section V.
Paragraph I. Sale of liquors on election
days. The General Assembly shall by law
forbid the sale of intoxicating drinks in
this State or any political subdivision
thereof on all days for the holding of any
election in the area in which such election
is held and prescribe punishment for any
violation of the same.
Section VI.
Paragraph I. Returns made to whom. Re
turns of election for all civil officers elect
ed by the people, who are to be commis
sioned by the Governor, and also for mem
bers of the General Assembly, shall be
made to the Secretary of State, unless
otherwise provided by law.
ARTICLE 111.
Legislative Department.
Section I.
Paragraph I. Power vested in General
Assembly. The legislative power of the
State shall be vested in a General Assem
bly which shall consist of a Senate and
House of Representatives.
Section 11.
Paragraph I. Number of senators and
senatorial districts. The Senate shall con
sist of not more than fifty-four members
and there shall be not more than fifty
four Senatorial Districts with one Senator
from each District as now constituted, or
as hereafter created. The various Sena
torial Districts shall be comprised of the
counties as now provided, and the General
Assembly shall have authority to create,
rearrange and change lhese Districts witn
in the limitation herein stated.
Section 111.
Paragraph I. Number of representatives
The House _of Representatives shall consist
of representatives apportioned among the
several counties of the State as follows: To
the eight counties having the largest pop
ulation, three representatives each; to tie
thirty counties having the next largest pop
ulation. two representatives each; and to
the remaining counties, one representative
each.
Paragraph 11. Apportionment changed,
how. The above apportionment shall be
changed by the General Assembly at its
first session after each census taken by
the United States Government in accord
ing with the provisions of Paragraph I of
Section 111 of this article.
Section IV.
Paragraph I. Term of members. Tie
members of the General Assembly shall be
elected for two years, and shall serve un
til the time fixed by law for the conven
ing of the next General Assembly.
Paragraph 11. Election, when. The first
election for members of the General As
sembly, under this Constitution shall take
place on Tuesday after the first Monday
in November, 194 G, and subsequent elec
tions biennially, on that day, until the day
of election is changed by law.
Paragraph 111. Meeting of the Genera]
Assembly. The General Assembly shall
meet in regular session on the second Mon
day in January, 1947, and biennially there
after on the same day until the date shall
be changed by law. By concurrent resolu
tion, adopted by a majority of members
elected to both Houses, the general Assem
bly may adjourn any regular session to such
later date as it may fix for reconvening
in regular session, but shall remain in reg
ular session no longer than seventy (70)
days, in the aggregate, during the term for
which the members were elected. If it
shall adjourn the first regular session be
fore the expiration of seventy (70) days
without fixing a date for reconvening, the
General Assembly shall reconvene in regu
lar session on the second Monday in Jan
uary of the next year unless it shall have
adjourned sine die. All business pending
in the Senate or House at the adjourn
ment of any regular session may be con
sidered at any later regular session of the
same General Assembly as if there had been
no adjournment. Nothing herein shall be
construed to effect the power of the Gov
ernor to convoke the General Assembly in
extraordinary session, or. the duty of the
Governor to convene the General Assembly
in extraordinary session upon the certifi
cate of three-fifths of the members elected
to the Senate and the House of Represent
atives, as provided in Article V, Section I,
Paragraph XII of this Constitution. If an
impeachment trial is pending at the end of
any regular or extraordinary session, tne
Senate may continue in session until such
trial is completed. The provisions of Para
graph HI, Section IV of Article 111 of the
Constitution which this Constitution super
sedes which apply to the meetings of the
General Assembly shall continue in force
until the second Monday in January, 1947.
Paragraph IV. Quorum. A majority of
each House shall constitute a quorum to
transact business; but a smaller number
may adjourn from day to day and compel
the presence of its absent members, as
each house may provide.
Paragraph V. Oath of members. Each
Senator and Representative, before taking
his seat, shall take the following oath, or
affirmation, to-wit: “I will support the
Constitution of this State and of the United
States, and on all questions and measures
which may come before me, I will so con
duct myself, as will, in my judgment, be
most conducive to the interests and pros
perity of this State.”
Paragraph VI. Eligibility; appointments
forbidden. No person holding a military
commission, or other appointment, or of
fice. having any emolument, or compensa
tion annexed thereto, under this State, or
the United States, or either of them ex
cept Justices of the Peace and officers of
the militia, nor any defaulter for public
money, or for any legal taxes required of
him shall have a seat in either house; nor
shall any Senator, or Representative, after
his qualification as such, be elected by the
General Assembly, or appointed by the Gov
ernor. either with or without the advice
and consent of the Senate, to any office
or appointment having any emolument an
nexed thereto, during the time for whirl
he shall have been elected, unless he shall
first resign his seat, provided, however,
that during the term for which he was
elected no Senator or Representative shall
be appointed to any civil office which has
been created during such term.
Paragraph VII. Removal from district
or county, effect of. The seat of a mem
ber of either house shall be vacated on his
removal from the district or county from
which he was elected.
Section V.
Paragprah I. Qualifications of Senators.
The Senators shall be citizens of the Unit
ed States, who have attained the age of
25 years, and who shall have been citizens
of this State for four years, and for one
year residents of the district from which
elected.
Paragraph 11. President. The presiding
officer of the Senate shall be styled the
President of the Senate. A President Pro
Tempore shall be elected viva voce from
the Senators and shall act in case of the
death, resignation or disability of the
President, or in the event of his succes
sion to the executive power.
Paragraph 111. Impeachments. The Sen
ate shall have the sole power to try im
peachments.
Paragraph IV. Trial of impeachments.
When sitting for that purpose, the mem
bers shall be on oath, or affirmation, and
shall be presided over by the Chief Justice or
the Presiding Justice of the Supreme Court.
Should the Chief Justice be disqualified,
the Senate shall select a Justice of the Su
preme Court to preside. No person shall be
convicted without the concurrence of two
thirds of the members present.
Paragraph V. Judgments in impeach
ments. Judgments, in cases of impeach
ment, shall not extend further than re
moval from office, and disqualification to
hold and enjoy any office of honor, trust,
or profit, within this State; but the party
convicted shall nevertheless, be liable, and
subject, to indictment, trial judgment, and
punishment, according to law.
Section VI.
Paragraph I. Qualifications of represent
atives. The Representatives shall be citi
zens of the United States who have at
tained the age of 21 years, and who shall
have been citizens of this State for two
years, and for one year residents of the
counties from which elected.
Paragraph 11. Speaker. The presiding of
ficer of the House of Representatives shall’
■ be styled the Speaker of the House of Rep
resentatives, and shall be elected viva voce
■ from the body.
Paragraph 111. Power to impeach. The
House of Representatives shall have the
sole power to vote impeachment charges
against all persons who shall have been or
may be in office.
Section VII.
Paragraph I. Election, returns, etc.; dis
orderly conduct. Each House shall be the
judge of the election, returns, and quali
li ations of its members and shall have
power to punish them for disorderly be
havior, or misconduct, by censure, fine,
imprisonment, or expulsion: but no member
shall be expelled, except by a vote of two
thirds of the House to which he belongs.
Paragraph 11. Contempts, how punished.
Each House may punish by imprisonment,
not extending beyond the session, any per
son, not a member, who shall be guilty of
a contempt, by any disorderly behavior in
its presence, or who shall rescue, or at
tempt to rescue, any person arrested by
order of either House.
Paragraph 111. Privilege of members. The
members of both Houses shall be free from
arrest during their attendance on the Gen
eral Assembly, and in going thereto, or re
turning therefrom, except for treason, fel
ony, larceny, or breach of the peace; and
no member shall be liable to answer in
any other place for anyt ing spoken in
debate in either House.
Paragraph IV. Journals and acts Each
House shall keep a journal of its proceed
ings, and publish it immediately after its
adjournment. The General Assembly shall
provide for the publication of the laws
passed by each session.
Paragraph V. Where journals kept. The
original journal shall be preserved after
publication, in the office of the Secretary
of State, but there shall be no other record
thereof.
Paragraph VI. Yeas and nays, when taken.
The yeas and nays on any question shall,
at the desire of one-fifth of the members
present, be entered on the Journal.
Paragraph VII. Bills to be read. Every
bill, before it shall pass, shall be read three
times, and on three separate days, in each
House, unless in cases of actual invasion,
or insurrection, but the first and second
reading of each local bill, shall consist of
the reading of the title only, unless said
bill is ordered to be engrossed.
Paragraph VIII. One subject matter ex
pressed. No law shall pass which refers
to more than one subject matter, or con
tains matter different from what is ex
pressed in the title thereof.
Paragraph IX. General appropriation bill.
The General appropriation bill shall em
brace nothing except appropriation fixed
by previous laws, the ordinary expenses of
the Executive, Legislative and Judicial De
partments of the Government, payment of
the public debt and interest thereon, and
for support of the public institutions and
educational interests of the State. All oth
er appropriations shall be made by sepa
rate bills, each embracing but one subject.
Paragraph X. Bills for revenue. All bills
for raising revenue, or appropriating money,
shall originate in the House of Represent
atives, but the Senate may propose, or con
cur in amendments, as in other bills.
Paragraph XI. Public money, how drawn.
No money shall be drawn from the Treas
ury except by appropriation made by law.
Paragraph XII. Bills appropriating mon
ey. No bill or resolution appropriating
money shall become a law unless, upon
its passage, the yeas and nays, in each
house, are recorded.
"Paragraph XIII. Acts signed; rejected
bills. All acts shall be signed by the Presi
dent of the Senate and the Speaker of the
House of Representatives, and no bill or
resolution, intended to have the effect of
a law, which shall have been rejected by
either house, shall be again proposed dur
ing the same session, under the same or
any other title, without the consent of
two-thirds of the House by which the same
was rejected.
Paragraph XIV. Majority of members to
pass bill. No bill shall become a law un
less it shall receive a majority of the votes
of all the members elected to each House
of the General Assembly, and it shall, in
every instance, so appear on the Journal.
Paragraph XV. Notice of intention to ask
local legislation necessary. No local or spe
cial bill shall be passed, unless notice of
the intention to apply therefor shall have
been published in the newspaper in which
the Sheriff’s advertisements for the local
ity affected are published, once a week for
1 three weeks during a period of sixty days
immediately preceding its introduction into
the General Assembly. No local or special
bill shall become law unless there is at
tached to and made a part of said bill a
copy of said notice certified by the pub
lisher, 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
shall be abolished, nor the term of the of
fice 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 judisdiction
affected in a referendum on the questiop.
Where 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
must provide that the member or members
so added must be elected by a majority
vote of the qualified voters of the political
subdivision affected.
Paragraph XVI. Statutes and sections of
code, how amended. No law, or section of
the code, shall be amended or repealed by
mere reference to its title, or to the num
ber of the section of the Code, but th<*
amending, or repealing act, shall distinctly
describe the law to be amended or re
pealed. as well as the alteration to be made.
Paragraph XVII. Corporate powers, how
granted. The General Assembly shall have
no power to grant corporate powers and
privileges to private companies, to make
or change election precincts, nor to es
tablish bridges or ferries, nor to change
names of legitimate children; but It shall
prescribe by law the manner in which such
powers shall be exercised by the courts; it
may 'confer this authority to grant cor
porate powers and privileges to private
companies to the judges of the superior
courts of this State in vacation. All cor
porate powers and privileges to banking,
trust, insurance, railroad, canal, navigation,
express and telegraph companies shall be
issued and granted by the Secretary of
State in such manner as shall be prescribed
by law; and if in any event the Secretary
of State should be disqualified to act in
any case, then in that event the legisla
ture shall provide by general laws by wnat
person such charter shall be granted.
Paragraph XVIII. Recognizances. The
General Assembly shall have no power to
relieve principals or securities upon for
feited recognizances, from the payment
thereof, either before or after judgment
thereon, unless the principal in the recog
nizance shall have been apprehended and
placed in the custody of the proper of
ficers.
Paragraph XIX. Yeas and nays to be
entered, when. Whenever the Constitution
requires a vote of two-thirds of either ot
both houses for the passage of an act or
resolution, the yeas and nays on the pas
sage thereof shall be entered on the Journal.
Paragraph XX. Powers of the General
Assembly. The General Assembly shall have
the power to make all laws consistent with
this Constitution, and not repugnant to
the Constitution of the United States, which
they shall deem necessary and proper for
the welfare of the State.
Paragraph XXI. Signature of Governor.
No provision in this Constitution for a two
thirds vote of both houses of the General
Assembly shall be construed to waive the
necessity for the signature of the Governor
as in any other case, except in the case of
the two-thirds vote required to override
the veto, to submit constitutional amend
ments, and in case of prolongation of a
session of the General Assembly.
Paragraph XXII. Adjournments. Neither
House shall adjourn for more than three
days, or to any other place, without the
consent of the other, and in case of dis
agreement between the two Houses, on a
question of adjournment, the Governor may
adjourn either, or both of them.
Paragraph XXIII. Zoning and planning
laws. The General Assembly of the State
shall have authority to grant the governing
authorities of the municipalities and coun
ties authority to pass zoning and planning
laws whereby such cities or counties may
be zoned or districted for various uses and
other or different uses prohibited therein,
and regulating the use for which said zones
or districts may be set apart, and regulat
ing the plans for development and improve
ments on real estate therein.
Paragraph XXIV. Civil service equal
preference to veterans. Neither the State of
Georgia, nor any political subdivision there
of, shall inaugurate or maintain any civil
service scheme of any nature whatever
Iwhich fails to provide for honorably dis-
charged veterans of any war, and the said
State of Georgia, or any political subdivi
sion shall, if a civil service scheme is
originated or is already in force, provide
equal preferences according to such vet
erans as now exist under Federal Civil
Service Laws.
Paragraph XXV. Street Railways. The
General Assembly shall not authorize the
construction of any street passenger rail
way, within the limits of any incorporate
town or city, without the consent of the
Corporate Authorities.
Section VIII.
Paragraph I. Officers of the two houses.
The officers of the two houses, other than
the President of the Senate and Speaker of
the House, shall be a President Pro Tem
pore and Secretary of the Senate and
Speaker Pro Tempore and Clerk of the
House of Representatives, and such as
sistants as each House may provide for.
Section IX.
Paragraph I. Compensation, expense and
mileage. The per diem of members of the
General Assembly shall be SIO.OO per day
plus the additional sum of $5.00 per day
for maintenance expense; and the mileage
shall not exceed 10 cents for each mile
traveled by the nearest practical route in
going to and returning from the Capitol;
but the President Pro Tempore of the Sen
ate, when serving as presiding officer there
of, and the Speaker of the House of Rep
resentatives, shall each receive $15.00 per
day as per diem plus the additional sum
of $5.00 per day for maintenance expenses.
Section X.
Paragraph I. Viva voce vote; place of
meeting. All elections by the General As
sembly shall be viva voce, and the vote
shall appear on the Journal of the House
of Representatives. When the Senate and
House of Representatives unite for the pur
pose of elections, they shall meet in the
Representative Hall, and the President of
the Senate shall, in such cases, preside and
declare the result.
Section XI.
Paragraph I. Salaries of elective offi
cials; how changed. The General Assem
bly may, at any time, by a majority vote
of both branches prescribe other and dif
ferent salaries for all of the elective of
ficers provided for in this Constitution, but
no such change shall affect the officers
then in commission.
ARTICLE IV.
Public Utilities, Eminent Domain, Police
Power, Insurance Companies, Contracts, etc.
Section I.
Paragraph I. Public utility tariffs and
charges. The power and authority of regu
lating railroad freight and passenger tariffs
and of charges of public utilities for their
services, of preventing unjust discrimina
tions. and requiring reasonable and just
rates of freight and passenger tariffs and
of charges of public utilities, are hereby
conferred upon the General Assembly,
whose duty it shall be to pass laws from
time to time, to regulate such tariffs and
charges, to prohibit unjust discriminations
by the various railroads and public util
ities of this State, and to prohibit said rail
roads and public utilities from charging
other than just and reasonable rates and
to enforce the same by adequate penalties,
provided, nevertheless, that such power and
authority shall never be exercised in any
way to regulate or fix charges of such
public utilities as are or may be owned or
operated by any county or municipality
of this State; except as provided in this
Constitution.
Paragraph 11. Rebates. No public util
ity company shall give, or pay, any re
bate, or bonus in the nature thereof, di
rectly or indirectly, or do any act to mis
lead or deceive the public as to the real
rates charged or received for freight or
passage or services furnished, any such
payments shall be illegal and void; and
these prohibitions shall be enforced by
suitable penalties.
Section 11.
Paragraph I. Right of eminent domain.
The exercise of the right of eminent do
main shall never be abridged, nor so con
strued as to prevent the General Assembly
from taking property and franchises, and
subjecting them to public use.
Paragraph 11. Police power. The exer
cise of the police power of the State shall
never be abridged, nor so construed as to
permit the conduct of business in such
manner as to infringe the equal rights of
others, or the general well-being of the
State.
Section 111.
Paragraph I. Charters revived or amend
ed subject to Constitution. The General
Assembly shall not remit the forfeiture of
the charter of any’ corporation now exist
ing. nor alter or amend the same, nor pass
any other general or special law. for the
benefit of said corporation, except upon
the condition that such corporation shall
thereafter hold its charter subject to the
provisions of this Constitution: and every
amendment of any charter of any corpora
tion in this State, or any special law for
its benefit, accepted thereby, shall operate
as a novation of said charter and shall
bring the same under the provision of
this Constitution.
Section IV.
Paragraph I. Contracts to defeat com
petition. All contracts and agreements,
which may have the effect, or be intended
to have the effect, to defeat or lessen com
petition, or to encourage monopoly, shall be
illegal and void. The General Assembly- of
this State shall have no power to au
thorize any such contract or agreement.
Paragraph 11. General Assembly to en
force Article. The 'General Assembly shall
enforce the provisions of this Article by’
appropriate legislation.
Paragraph 111. Public Service Commis
sion as constitutional officers. There shall
be a Public Service Commission for the
regulation of utilities, vested with the juris
diction, powers and duties now provided
by law or that many hereafter be pre
scribed by the General Assembly, not in
consistent with other provisions of this
Constitution. Such Commission shall con
sist of five members, who shall be elected
by the people. A chairman shall be se
lected by’ the members of the Commission
from its* membership. The first Commission
under this amendment shall consist of the
commissioners in office at the time of the
adoption of this constitutional amendment
and they shall serve until December 31
after the general election at which the
successor of each member is elected. There
after all succeeding terms of members shall
be for six years. The qualifications, com
pensations, filling of vacancies, manner and
time of election, power and duties of mem
bers of the Commission, including tne
chairman shall be such as are now or may
hereafter be provided by the General As
sembly.
Section V.
Paragraph I. Wife’s separate estate. All
property of the wife at the time of her
marriage, and all property given to, in
herited or acquired by her, shall remain
her separate property, and not be liable for
the debts of her husband.
Section VI.
Paragraph I. Nonresident insurance com
panies. All life insurance companies now
doing business in this State, or which may
desire to establish agencies and do busi
ness in the State of Georgia, chartered by
other States of the Union, or foreign States,
shall show that they have deposited with
the Comptroller General of the State in
which they’ are chartered, or of this State,
the Insurance Commissioner, or such other
officer as may be authorized to receive it,
not less than one hundred thousand dol
lars. in such securities as may be deemed
by such officer equivalent to cash, subject
to his order, as a guarantee fund for tne
security of policyholders.
Paragraph 11. License by Comptroller
General. When such showing is made to
the Comptroller General of the State of
Georgia by a proper certificate from the
State official having charge of the funds
so deposited, the Comptroller General of
the State of Georgia is authorized to issue
to the company making such showing, a
license to do business in the State, upon
paying the fees required by law.
Paragraph 111. Resident insurance com
panies; guarantee fund. All life insurance
companies chartered by the State of Geor
gia. or which may hereafter be chartered
by the State, shall, before doing business,
deposit with the Comptroller General of
the State of Georgia, or with some strong
corporation, which may be approved by
said Comptroller General, one hundred
thousand dollars, in such securities as may
be deemed by- him equivalent to cash, to
be subject to his order, as a guarantee fund
for the security of the policyholders of the
company making such deposit, all interest
and dividends from such securities to be
paid, when due, to the company so de
positing. Any such securities as may be
needed or desired by the company may be
taken from said department at any time
by replacing them with other securities
equally acceptable to the Comptroller Gen
eral, whose certificate for the same shall
be furnished to the company.
PAGE THREE
Paragraph IV. General Assembly to enact
laws for people’s protection, etc. The Gen
eral Assembly shall, from time to time,
enact laws to compel all fire insurance
companies, doing business in this State,
whether chartered by this State, or other
wise, to deposit reasonable securities with
the Treasurer of this State, to secure the
people against loss by the operation of said
companies.
Paragraph V. Reports by insurance com
panies. The General Assembly shall com
pel all insurance companies in this State,
or doing business therein, under proper pen
alties, to make annual reports to the Comp
troller General, and print the same at
their own expense, for the information and
protection of the people.
ARTICLE V.
Executive Department.
Section I.
Paragraph I. Governor; Term of Office;
Salary, etc. The executive power shall be
vested in a Governor, who shall hold his
office during the term of four years, and
until his successor shall be chosen and
qualified. The Governor serving at the
time of the adoption of this Constitution
and future Governors shall not be eligible
to succeed themselves and shall not be
eligible to hold the office until after the
expiration of four years from the conclu
sion of his term of office. He shall have
a salary of seven thousand five hundred
dollars per annum until January 1, 194 1.
The salary of the Governor for each year
thereafter shall be twelve thousand dol
lars per annum until otherwise provided
by a law passed by a majority vote of
both branches of the General Assembly,
which shall not be increased or dimin
ished during the period for which he shall
have been elected; nor shall he receive,
within that time, any other emolument
from the United States, or either of them,
or from any foreign power. The State of
ficers. required by this Constitution to be
elected at the same time, for the same
term, and in the same manner as the Gov
ernor shall also hold office for four years.
Paragraph 11. Election for Governor. The
first election for Governor, under this Con
stitution. shall be held on Tuesday after
the first Monday in November of 1946, and
the Governor-elect shall be installed in of
fice at the next session of the General As
sembly. An election shall take place quad
rennially thereafter, on said date, until an
other date be fixed by the General Assem
bly. Said election shall be held at the
places of holding general elections in the
several counties of this State, in the man
ner prescribed for the election of members
of the General Assembly, and the electors
shall be the same.
Paragraph 111. Returns of elections. The
returns for every election of Governor shall
be sealed up by the managers, separately
from other returns, and directed to the
President of the Senate and Speaker of
the House of Representatives, and transmit
ted to the Secretary of State, who shall,
without opening said returns, cause the
same to be laid before the Senate on the
day after the two houses shall have been
organized, and they shall be transmitted
by the Senate to the House of Represent
atives. , ,
Paragraph IV. How returns published.
The members of each branch of the Gen
eral Assembly shall convene in the Repre
sentative Hall, and the President of the
Senate and Speaker of the House of Repre
sentatives shall open and publish the re
turns in the presence and under the di
rection of the General Assembly; and the
person having the majority of the whole
number of votes, shall be declared duly
elected Governor of this State; but, if no
person shall have such majority, then
from the two persons having the highest
number of votes, who shall be in life, and
shall not decline an election at the time
appointed for the General Assembly to
elect, the General Assembly shall immedi
ately elect a Governor viva voce; and in all
cases of election of a Governor by the
General Assembly, a majority of the mem
bers present shall be necessary to a choice.
Paragraph V. Contested elections. Con
tested elections shall be determined by
both houses of the General Assembly in
such manner as shall be prescribed by law.
Paragraph VI. Qualifications of Governor.
No person shall be eligible to the office of
Governor who shall not have been a citi
zen of the United States fifteen years, and
a citizen of the State six years, and who
shall not have attained the age of thirty
years.
Paragraph VII. Lieutenant Governor.
Succession to executive power. There shall
be a Lieutenant Governor, who shall be
elected at the same time, for the same term,
and in the same manner as the Governor.
He shall be President of the Senate, and
small receive the sum of $2,000.00 per an
num. In case of the death, resignation or
disability of the Governor, the Lieutenant
Governor shall exercise the executive pow
er and receive the compensation of the
Governor until the next general election
for members of the General Assembly, at
which a successor to the Governor shall be
elected for the unexpired term; but if such
death, resignation or disability shall occur
within thirty days of the next general
election, or if the term will expire with
in ninety days after the next General
election, the Lieutenant Governor shall
exercise the executive power and receive
the compensation of the Governor for the
unexpired term. If the Lieutenant Gov
ernor shall become a candidate for the
unexpired term of the Governor, he shall
thereby resign his office as Lieutenant Gov
ernor. effective upon the qualification of
the Governor elected for the unexpired
term, and his successor for the unexpired
term shall be elected at such election. In
case of the death, resignation or disability
of both the Governor and the Lieutenant
Governor, the Speaker of the House of
Representatives shall exercise the executive
power until the removal of the disability
or the election and qualification of a Gov
ernor at a special election, which shall be
held within sixty days from the date on
which the Speaker of the House of Repre
sentatives shall assume the executive power.
A Lieutenant Governor shall be elected at
the general election in 1946 and shall quali
fy at the same time as the Governor. Un
til the qualification of a Lieutenant Gov
ernor the provisions of Article V, Section
1. Paragraph VIII of the Constitution of
Georgia of 1877 shall remain of full force
and effect. ,
Paragraph VIII Unexpired terms, filling
of. The General Assembly shall have power
to provide by law for filling unexpired
terms by special elections, except as pro
vided in this Constitution.
Paragraph IX. Oath of office. The Gov
ernor shall, before he enters on the duties
of his office, take the following oath or
affirmation: T do solemnly swear (or af
firm. as the case may be) that I will
faithfully execute the office of Governor
of the State of Georgia, and will, to the
best’ of my ability, preserve, protect and
defend the Constitution thereof, and the
Constitution of the United States of Amer
ica.”
Paragraph X. Commander-in-chief. The
Governor shall be commander-in-chief of
the army and navy of this State, and of
the militia thereof.
Paragraph XI. Reprieves and pardons;
State Board of Pardons anil Paroles. The
Governor shall have power to suspend the
execution of a sentence of death, after
conviction, for offenses against the State,
until the State Board of Pardons and Pa
roles. hereinafter provided, shall have an
opportunity of hearing the application of
the convicted person for any relief within
the power of such Board, or for any oth
er purpose which may be deemed neces
sary by the Governor. Upon conviction for
treason the Governor may only suspend the
execution of the sentence and report the
case to the General Assembly at the next
meeting thereof, when the General Assem
bly shall either pardon, commute the sen
tence, direct its execution or grant a fur
ther reprieve. The Governor shall, at each
session of the General Assembly, communi
cate to that body each case of suspension
of sentence, . stating the name of the con
vict, the offense for which he was con
victed, the sentence and its date, the date
of the reprieve or suspension, and the rea
sons 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 com
posed of three members, who shall be ap
pointed by the Governor and confirmed by
the Senate. Appointments made at times
when the Senate is not in session shall be
effective ad interim. The first members
shall be appointed for terms of three, five
and seven years, respectively, to be desig
nated by the Governor, and all subsequent
appointments shall be for a period of seven
years, except in case of an unexpired term.
The Governor shall not be a member of
the State Board of Pardons and Paroles.
The members of the State Board of Par-
(CONTINUED ON PAGE SIX)