PROPOSED REVISED CONSTITUTION OF THE STATE OF GEORGIA PREPARED FOR INTRODUCTION AT THE MAY 4. 1964 EXTRAORDlNARY SESSION OF THE GENERAL ASSEMBLY OF GEORGIA AS RECOMMENDED BY THE CONSTITUTION REVISION COMMISSION I NDE X ARTICLE PAGE NUMBER ARTICLE 1 - Bill of Rights and Elective Franchise. 1 . . . . . . . . . ARTICLE 2 - Legislative Branch . . . . 10 ARTICLE 3 - Judiciary . . . . . . . . . . . . . . . . 34 ARTICLE 4 - Executive Branch 47 ARTICLE 5 ~ Public Finance 64 ARTICLE 6 - Education. 82 ARTICLE 7 - Counties and Municipal Corporations-- Home Rule--Slum Clearance and Redevelopment . . . . . 91 ARTICLE 8 - Amendments to the Constitution 105 ARTICLE 9 - Miscellaneous Provisions 107 1 PROPOSED REVISED CONSTITUTION OF THE STATE OF GEORGIA PREAMBLE To perpetuate the principles of free government, 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 1 BILL OF RIGHTS AND ELECTIVE FRANCHISE SECTION 1 RIGHTS OF THE CITIZEN Paragraph 1. 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 Z. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete. Paragraph 3. Life, Liberty, and Property. No person shall be deprived of life, liberty, or property, except by due process of law. 2 Paragraph 4. 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 per son, by attorney, or both. Paragraph 5. Benefit of Counsel; Accusation; 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 counsel; 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 compulsory 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 6. Crimination of Self not Compellable. No person shall be compelled to give evidence tending in any manner to criminate himself. Paragraph 6. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. Paragraph 8. Jeopardy of Life or Liberty More Than Once Forbidden. No person shall be put in jeopardy of life, or liberty, ;nore than once for the same offense, save on his own motion for a new trial after conviction, or in case of mistrial. Paragraph 9. Bail; Fines; Punishment; Arrest; Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. 3 Paragraph 10. Costs in Criminal Cases. No person shall be compelled to pay costs or suffer any lien against his property therefor, except after conviction and final adjudication on appeal, if any. Paragraph 11. Habeas Corpus. The writ of habeas corpus shall not be suspended. Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with public peace and safety. Paragraph 13. 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 may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty. Paragraph 14. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Paragraph 15. Slavery ahd Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. 4 Paragraph 16. Status of the Citizen. The social status of the citizen shall never be the subject of legislation. Paragraph 17. Civil Authority Superior to Military. The civil authority shall be superior to the military. In time of peace, no member of the armed or defense forces shall be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. Paragraph 18. Contempts. The power of the .Courts to punish for contempt shall be limited by legislative acts. Paragraph 19. Imprisonment for Debt. There shall be. no imprisonment for debt. Paragraph 20. 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 21. Legislative, Judicial, and Executive Powers, Separate. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as otherwise provided in this Constitution. Paragraph 22. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance. 5 Paragraph 23. 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 2 CERTAIN OFFENSES DEFINED Paragraph 1. Libel; Jury in Criminal Cases; New Trials. In all prosecutions or indictments 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 preserved. Paragraph 2. Treason. Treason against the State of Georgia shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Paragraph 3. Effect of Conviction. No conviction shall cause the forfeiture of the estate of the convicted person, nor prejudice in any way the rights of his heirs. SECTION 3 PROTECTION TO PERSONS AND PROPERTY Paragraph 1. Private Ways; Just Compensation. In case of necessity, private ways may be granted upon just compensation being first paid by the 6 applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid. Except in takings involving consequential damages or benefits, just and adequate compensation shall be awarded without considering any decrease or increase in the value of the property taken resulting from the improvements, or anticipation thereof, in connection with which the right of eminent domain is being exercised. When private property is taken or damaged for public road, street, and transportation purposes by the State and the counties and the municipalities of the State, or any agency of such governmental units, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders and the State and its subdivisions may be protected. Paragraph 2. Bills of Attainder; Ex Post Facto and Retroactive Laws; Laws Impairing Obligation of Contracts. No bill of attainder, ex post facto law, retroactive law injuriously affecting private rights, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed. Paragraph 3. \rlife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property inherited by her, 7 and all property acquired by her shall remain her separate property and shall not be liable for the debts of her husband. SECTION 4 SPECIAL LEGISLATION FORBIDDEN Paragraph 1. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no local or special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights shall be varied in any particular case by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent. Paragraph 2. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the judiciary shall so declare them. SECTION 5 GOVERNMENTAL RIGHTS OF THE PEOPLE Paragraph 1. 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 2. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. 8 SECTION 6 VOTERS AND ELECTIONS Paragraph I. Elections by Ballot; Elector Defined. In all elections by the people, the electors shall vote by secret ballot. Every citizen of this State, eighteen years of age and upwards, of good character, and a resident of this State possessing the qualifications provided by law and authorized under this Section, and not laboring under any of the disqualifications or disabilities provided by law under this Section, shall be an elector and entitled to register and vote at any election by the people; but the General Assembly shall by law establish: ( 1) Minimum periods of residence; (2) reasonable requirements of literacy and education; (3) disqualifications for voting for mental incompetency or conviction of crime. Paragraph Z. Legislature to Prescribe for Exercise of Elective Franchise. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, define residence for voting purposes, provide for the manner and place of voting; and provide for the administration of elections. Paragraph 3. Privilege of Electors from Arrest. Electors shall, in all cases,. except for treason, felony, larce~y, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Paragraph 4. General Election. A general election shall be held every two years during even-numbered years, until changed by law, such election shall be held on Tuesday after the first 1\l.~.onday in November. 9 SECTION 7 DISQUALIFICATION OF ELECTORS TO HOLD OFFICE Paragraph 1. Electors Disqualified to Hold Office. The General Assembly may provide that no person convicted of a crime, mentally incompetent, or the holder of public money illegally, shall be eligible to hold any office or appointment of honor or trust in this State. 10 ARTICLE 2 LEGISLATIVE BRANCH SECTION 1 LEGISLATIVE POWER, WHERE VESTED Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives SECTION 2 SENATORlAL DISTRICTS Paragraph 1. Number and Apportionment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from each district. The General Assembly shall have authority to rearrange and change senatorial districts. The apportionment of the Senate shall be based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official. Paragraph 2. Qualifications of Senators. At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least twenty-five years of age, shall have been citizens of this State for at least four years, and shall have been residents of the territory embraced within the district from which elected for at least one year. 11 SECTION 3 COUNTY REPRESENTATION Paragraph 1. Number of Representatives. The House of Representatives shall consist of one Representative from each county. There shall be forty-six additional Representatives to be apportioned among the several counties in such manner as the General Assembly may provide, but until such time as the General Assembly shall otherwise provide, such additional Representatives shall be apportioned among the several counties as follows: To the eight counties having the largest population, two additional Representatives each; and to the thirty counties having the next largest population, one additional Representative each. Paragraph z. Qualifications of Representatives. At the time of their election, the members of the House of Representatives shall be citizens of the United States, shall be at least twenty-one years of age, shall have been citizens of this State for at least two years, and shall have been residents of the county from which elected for at least one year. SECTION 4 OFFICERS OF THE GENERAL ASSEMBLY Paragraph 1. President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. The President of the Senate shall have no vote, except: (a) When the Senate shall be equally divided on an issue; (b) When only .one additional vote shall be required for a constitutional majority; and 12 (c) In Senate committees as prescribed by the Senate rules. Paragraph 2. Speaker of the House of Representatives. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the membership of the House of Representatives by a majority of its membership by a roll call vote thereof. Paragraph 3. Officers, Employees and Committees of the Two Houses. In addition to the President of the Senate and Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives shall be elected from the membership of their respective houses and such officers and the Secretary and Clerk shall be elected by a roll call vote by a majority of the membership of the respective house in which they are to serve. The President Pro Tempore shall act as President in case of the death, resignation or disability of the President, or in the event of the succession of the President to the executive power. When acting as President of the Senate, however, the President Pro Tempore shall have the same voting privileges as any other member of the Senate. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation or disability of the Speaker, or in the event of the succession of the Speaker to the executive power. Each house is hereby authorized to provide for its own assistants and employees and fix the compensation therefor. Interim committees may be created by the General Assembly or by either house thereof. 13 SECTION 5 THE GENERAL ASSEMBLY Paragraph 1. Terms of Members. The members of the General Assembly shall be elected for terms of four years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth years of their terms of office. Paragraph 2. Election and Seating of Members. The first regular election for members of the General Assembly under this Constitution shall be held on Tuesday after the first ~..onday in November, 1966, and subsequent elections shall be held quadrennially on the same day, unless the day of election is changed by law. Each house shall be the sole judge of the election, returns and qualifications of its members. Paragraph 3. Oath. Each Senator and Representative, before taking his seat, shall take such oath or affirmation as shall be prescribed by law. Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house, the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in odd-numbered years or for longer than forty days in the aggregate in even-numbered years. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is completed. 14 Paragraph 5. Quorum. A majority of each hmse 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 6. Adjournments. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of disagreement between the two houses on a question of adjournment, the Governor may adjourn either or both of them. Paragraph 7. Eligibility; Appointments Forbidden. No person on active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolument or compensation annexed thereto, under the United States, this State or any other State, except justices of the peace and members of the militia, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house. No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term. Paragraph 8. Removal from District or County, Effect of. The seat of a member of either house shall be vacant upon changing his legal residence from the district or the county from which he was elected. 15 Paragraph 9. Effect of Reapportionment. No reapportionment of the Senate or House of Representatives pursuant to the provisions of Section 2 or 3 above shall affect any then incumbent member of either house and such members may continue to serve out the remainder of the term for which he was elected and no vacancy shall exist with respect to such seat until the expiration of such term. Paragraph 10. Compensation. The members of the General Assembly shall receive such compensation and allowances as may be prescribed by law. Paragraph 11. Elections by the General Assembly. When the Senate and the House of Representatives meet in joint session for the purpose of elections, they shall meet in the Hall of the House of Representatives. All such elections shall be by a roll call vote, and the vote shall be recorded on the Journal of the House of Representatives. The President of the Senate shall preside over such joint sessions and declare the result of such elections. In the absence of the President, the Speaker of the House of Representatives shall preside and declare such results. Paragraph 12. Disorderly Behavior or Conduct; Punishment. Each house shall have power to punish its members for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion. No member shall be expelled, however, except by the affirmative vote of two-thirds of the entire membership of the house to which he belongs. Paragraph 13. Contempts, How Punished. Each house may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence, 16 or who shall rescue, or attempt to rescue, any person arrested by order of either house. Paragraph 14. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, and in going thereto or returning therefrom, except for treason, felony or larceny. No member shall be liable to answer in any other place for anything spoken in either house or in any committee of the General Assembly or .:>f either house. SECTION 6 IMPEACHMENTS Paragraph 1. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against any person who shall be in office. Paragraph 2. Impeachments; Trial of Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the members shall be on oath or affirmation and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the membership. Paragraph 3. Judgments in Impeachment. In cases of impeachment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State; but no such judgment shall relieve any party from any criminal or civil liability. 17 SECTION 7 GENERAL ASSEMBLY; EXERCISE OF POWERS Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not repugnant to the Constitution of the United States. Where this Constitution merely affirms the power of the General Assembly, further provisions as to the exercise of such power, unless the contrary plainly appears, shall be construed as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its proceedings consistent with the laws and Constitution of this State. Paragraph 2. Bills to be Read. Every bill, and every resolution intended to have the effect of law, shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insurrection; but the first and second readings may consist of the reading of the title only. Paragraph 3. Roll Call Vote, When Taken. At the desire of one-fifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal. Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the official records of the proceedings of each house. Paragraph 5. Roll Call Vote to be Entered, When. Whenever this Constitution requires a vote of two-thirds of either or both houses for the 18 passage of a bill or resolution, a roll call vote shall be taken in each house and shall be entered on its respective journal. Paragraph 6. Majority of Members to Pass Bill. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house. Paragraph 7. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives. Paragraph 8. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either house, shall not be again proposed in the same or similar form during the same session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected. SECTION 8 ENACTMENT OF LAWS Paragraph 1. One Subject Nlatter Expressed. No law shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof. Paragraph 2. 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 number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. 19 Paragraph 3. Notice of Intention to Introduce Local Legislation. No local or special bill shall be passed unless notice of the intention to introduce same has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three consecutive 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 attached to and made a part of said bill a copy of said notice accompanied by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of publication. Paragraph 4. Elective Offices, .Abolishment. No office to which a person has been elected shall be abolished nor the term of such office shortened or lengthened by local or special act so as to abolish such office or shorten or lengthen the term thereof during the term for which such person was elected, unless such act be approved by a majority of those qualified voters of the jurisdiction affected voting in a referendum. 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 shall provide that the member or members so added shall be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may provide in said law. Paragraph 5. Recognizances. The General Assembly shall have no power to relieve principals or sureties upon forfeited recognizances from the payment 20 thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers. Paragraph 6. Abridgment of Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged or construed so as to prevent the General Assembly from taking property and franchises and subjecting them to public use. Paragraph 7. Abridgement of Police Power. The exercise of the police power of the State shall never be abridged or construed so 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. Paragraph 8. Corporate Powers, How Granted. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall provide by law the manner in which such powers shall be exercised by the superior courts. The Secretary of State shall issue and grant all corporate powers and privileges to banking, trust, insurance, and railroad companies in such manner as shall be prescribed by law. The General Assembly shall provide by law how such charters shall be issued and granted in the event the Secretary of State shall become disqualified or unable to act. Paragraph 9. Charters Revised or Amended Subject to Constitution. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of said corporation, except upon the 21 condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. Every amendment of any charter of any corporation 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 provisions of this Constitution. Paragraph 10. Change of Name, How Granted. The General Assembly shall have no power to change the names of any person or persons, but it shall provide by law the manner in which such power shall be exercised by the superior courts. Paragraph 11. Change of Election Precincts, How Granted. The General Assembly shall have no power to establish, abolish, or otherwise change election precincts, but it shall provide by general law of uniform application the manner in which such power shall be exercised. Paragraph 12. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall enforce the provisions of this paragraph by appropriate legislation. Paragraph 13. Regulation of Insurance. The General Assembly shall enact laws to compel all insurance companies doing business in this State, whether chartered by this State or otherwise, to deposit reasonable securities with the State Treasurer to secure the people against loss by the operations of said companies. The General Assembly shall compel all insurance companies doing business in this State, under penalties, to make annual 22 reports to the Insurance Commissioner or other designated official or officials and print the same at their own expense, for the information and protection of the people. Paragraph 14. Public Utilities, Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, 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 railroad and public utilities of this State, and to prohibit said railroads 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 15. Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead 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. 23 SECTION 9 REVENUE BILLS Paragraph 1. Bills for Revenue. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills. Paragraph 2. Public Money, How Drawn. No money shall be drawn from the State Treasury except pursuant to this Constitution or by appropriations made by law pursuant to this Constitution. Paragraph 3. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, a roll call vote in each house is recorded. SECTION 10 APPROPRIATIONS Paragraph 1. Preparation, Submission and Enactments of General Appropriations Bill. (a) The Governor shall submit to the General Assembly within five days after its convening in every odd-numbered year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, to pay the public debt and to meet the current expenses of the State for each of the next two ensuing fiscal years. 24 (b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, to pay the public debt and meet tne current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following. (c) The General Assembly shall by general law provide for the regulation and management of the financial and fiscal administration of the State. (d) The General Appropriations Act shall embrace nothing except the appropriation of funds necessary to operate all the various departments and agencies, to pay the public debt and meet the current expenses of the State as authorized by acts of the General Assembly and this Constitution. Paragraph 2. General Appropriations Act. (a) Each General Appropriations Act now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption, and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. 25 Supplementary appropriations, if any, shall be made in the manner provided in Article 2, Section 10, Paragraph 3 of this Constitution, but in no event shall a supplementary appropriations .Act continue in force and effect beyond the expiration of the General .Appropriations Act in effect when such supplementary appropriations Act was adopted and approved. (c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. (d) All federal funds received by the State are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the United States Government in making the grant. (e) The State, state institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article 5, Section 3, Paragraph 3, when such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation, or authority, and the appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into,exceed 15o/o of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the adoption of this Constitution or which conform to this provision at the time the 26 same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year s rental under such contract. (f) Notwithstanding any other provisions of this Constitution, the obligati.cn assumed by the State or any department or agency thereof pursuant to any contract authorized pursuant to the provisions of Article 5 of this Constitution shall constitute a general obligation of the State and the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department or agency thereof, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made by the State or any department or agency thereof in each year under contracts now or hereafter entered into pursuant to said Article 5 with any State authority or public corporation which was created and activated prior to January 1, 1961, which such contracts constitute security for bonds or other obligations heretofore or hereafter issued by any such authority or public corporation. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department or agency to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet such contractual obligations shall be due and payable to each such department or agency in each fiscal year to be expended to pay such 27 contractual obligations as set forth in said contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act. Paragraph 3. Supplementary Appropriation Acts. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by supplementary appropriation acts, but no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the additional revenue measures necessary to provide such supplementary appropriation shall have been enacted. Neither house shall pass a supplementary appropriation bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor. Paragraph 4. Appropriations to be for Specific Sums. (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation 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 or percentage thereof. (b) An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system 28 of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia, and for grants to political subdivisions for aid in construction and maintenance as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act. Said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to ail the rules, regulations and restrictions imposed in the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this Paragraph. The proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor. Paragraph 5. Appropriations Void, When. Any appropriation made in conflict with any of the foregoing provisions of this Section shall be void. SECTION II H01V1ESTEAD EXEMPTIONS Paragraph 1. Manner of Providing for Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the 29 homestead and other property of the citizens in an amount of not less than $1600 and shall have authority to define those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, alienation and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor. SECTION 12 MILITIA Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Niilitia. The General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon; and for rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined militia. SECTION 13 ELECTIVE OFFICIALS Paragraph 1. Salaries of Elective Officials, How Changed. The General Assembly may prescribe salaries for all elective officers provided for in this Constitution and change the same, but no such change shall diminish the amount of any salary during the term of office. 30 SECTION 14 VETERANS PREFERENCE Paragraph 1. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom, shall be given such veteran s preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly. Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof. (a) Such veteran who has at least a ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on such examination; and (b) All other such veterans shall be entitled to and shall have five points added to his passing score on such examination. 31 SECTION 15 RETIREMENT SYSTEMS Paragraph 1. Teachers Retirement System. There shall be a Teachers Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution. Such system shall be on an actuarially sound basis and shall be administered by a Board of Trustees of the Teachers Retirement System of Georgia. Persons eligible for membership in said system shall be those so authorized by law at the time of the ratification of this Constitution and such other teachers as the General .Assembly shall authorize. The allowances and benefits for persons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. Paragraph 2. Employees Retirement System. There shall be an Employees Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution. 32 Such System shall be on an actuarially sound basis and shall be administered -~ ~ by a Board of Trustees of the Employees Retirement System of Georgia. Persons ~ eligible for membership in said System shall be those so authorized by law at the time of the ratification of this Constitution and such other persons as the General Assembly shall authorize. The General Assembly, however, shall not hereafter authorize eligibility for any persons except employees and officials of the State government and employees of those public authorities referred to in Article 2, Section 10, Paragraph 2, Subparagraph (f) of this Constitution. The allowances and benefits, including survivor's benefits, for persons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System, including survivor's benefits. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. The Board is hereby authorized to provide by contract for the coverage of the members of the System and eligible officials and employees of political subdivisions, under the provisions of the Federal Old Age and Survivors Insurance Program, and to amend any such contract from time to time as the Board shall deem advisable, and the General Assembly is hereby authorized to enact any legislation necessary or desirable for such purposes. 33 Paragraph 3. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized. Paragraph 4. Other Retirement Systems. There shall be such other retirement systems for other State and political subdivision officials and employees as shall now or hereafter be provided for by acts of the General Assembly. 34 ARTICLE 3 JUDICIARY SECTION 1 COURTS Paragraph 1. Courts Enumerated. The judicial power of this State shall be vested exclusively in a unified judicial system which shall consist of one Supreme Court, one Court of Appeals, trial courts of general jurisdiction known as the superior courts, courts of ordinary and such other courts of limited jurisdiction as have been or may be established by law. SECTION 2 THE SUPREME C:>URT Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven justices who shall from time to time, as they deem proper, elect one of their members as Chief Justice, and one as Presiding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority 35 ~ ~ of the Court shall constitute a quorum but the concurrence of four justices ::. shall be necessary for a decision in any case. Paragraph 2. Jurisdiction. (a) Original Jurisdiction. Except as herein provided, the Supreme Court shall have no original jurisdiction, but it shall have power to issue all writs necessary or appropriate in aid of its appellate jurisdiction and such inherent power as is necessary in the performance of its duties, and the Court may, in \. accordance with its rules, r~J:lder opinions on questions of solemn and ',' manifest public importance when requested by the Governor or by joint resolution of the General Assembly. (b) Appellate Jurisdiction. The Supreme Court shall have jurisdiction with respect to the trial and correction of errors of law from the superior courts and such other courts authorized by law, in cases involving the interpretation or application of the Constitution of the United States or of the State of Georgia, or of treaties between the United States and foreign govern- ments; in all cases in which the constitutionality of any law of the United States or of the State of Georgia is drawn in question, including municipal ordinances and resolutions adopted by county governing bodies, and rules and regulations adopted by public administrative agencies created by law; in all divorce and alimony cases; in all cases of conviction of a capital felony; in all cases 36 certified to it by the Court of .Appeals for its determination; and in such other classes of cases as may be prescribed by its rules. The Supreme Court shall have discretio~ry power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The decisions of the Supreme Court shall bind all other courts of this State as precedents. Paragraph 3. Powers of Supreme Court. (a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and the State Bar of Georgia, shall have the power to prescribe rules governing practice and procedure for the judicial system. Such rules, before becoming effective, shall be submitted to the General Assembly during the first ten days of any regular session, and if the General Assembly adjourns during the year of such submission without having by concurrent action of both houses rejected such rules, they shall become effective ten days after the date of adjournment. Any rules so submitted shall not be subject to amendment by the General Assembly, but shall be subject only to rejection as submitted and if more than one rule is submitted and the same are declared by the Supreme Court to be inter-related the General Assembly may not reject only a part of such inter-related rules. The rules in force upon the effective date of this Constitution shall continue of force until changed as above provided. (b) The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar~ standards of professional conduct, and the discipline of members of the bar. SECTION 3 THE COURT OF APPEALS Paragraph 1. Judges of the Court of Appeals. The Court of Appeals shall consist of such number of judges as may now or hereafter be provided by law. The Court may from time to time elect one of their members as Chief Judge and such number of Presiding Judges as may be prescribed by its rules. The Court may adopt such rules of practice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court. Paragraph 2. Jurisdiction. (a) Original Jurisdiction.. The Court of Appeals shall have no original jurisdiction, but it shall have power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. (b) Appellate Jurisdiction. The Court of Appeals shall have jurisdiction with respect to the trial and correction of errors of law from the superior courts and such other courts as authorized by law in such cases as may be prescribed by the rules of the Supreme Court not inconsistent with this 38 Constitution. when the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified without regard to whether or not the answer to such question is determinative of the entire case, and the Court of Appeals shall be bound thereby. In case no such instruction is given by reason of an equal division of opinion among the Justices of the Supreme Court, the Court of Appeals shall decide the case. In the event of an equal division of judges on any case when the Court of Appeals is sitting as a body, the case shall be transferred immediately to the Supreme Court. The manner of certifying cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe. SECTION 4 SELECTION AND TENURE OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS Paragraph 1. Election and Tenure of Justices and Judges. Justices of the Supreme Court and Judges of the Court of Appeals shall hold office for eight years and until their successors are elected and qualified. They shall be elected by the people in the same manner as members of the General Assembly. 39 Paragraph 2. Appointments to Fill Vacancies .. In case of any vacancy, the same shall be filled by appointment of the Governor and the person appointed shall hold such office until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. SECTION 5 COMPENSATION, RETIREMENT AND PENSION OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS Paragraph 1. Salary. The compensation of justices and judges shall be fixed by statute. Such compensation shall not be reduced during the term for which the justice or judge was elected or appointed. Paragraph 2. Retirement and Pensions. The General Assembly shall pro- vide by law for the payment of compensation or pensions to retired or disabled justices and judges. The Supreme Court may assign retired justices and judges to perform temporary judicial duties in any court of the State. Every justice and judge who has not retired at an earlier age shall retire upon reaching the age of seventy and may retire upon reaching the age of sixty-five and any jus- - " - . -------------------'~-------~--~---- ~---~-----------f tice or judge so retiring under this provision who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals or any combination thereof shall receive a pension or compensation which shall be not less than two-thirds of the compensation received by him at the time -------~----- - . ---~-- of his retirement; provided, however, any justice or judge during the term of office he is serving at the time of the effective date of this Constitution shall not be required to retire at age seventy but he may elect to do so and 40 shall receive the pension or compensation herein provided. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage in the practice of law. SECTION 6 JUDICIAL ADMINISTRATION Paragraph 1. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign any judge or judge emeritus of the Superior Court of the State to sit in any State court when any justice or judge thereof is disqualified or incapacitated, and the Supreme Court may also assign any justice or judge to sit in any court in any other case where the Supreme Court deems such assignment necessary to aid the prompt disposition of judicial business, where the judge to be assigned consents thereto. SECTION 7 SUPERIOR COURTS Paragraph 1. Terms of Judges. There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be six years, and until his successor is elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore provided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided 41 that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge. Paragraph 2. Elections. The successor to the present and subsequent incumbents shall be elected by the electors of their respective circuits, at the general election held next preceding the expiration of their respective terms. Paragraph 3. Terms. The terms of the judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment of the Governor until the first day of January after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. SECTION 8 JURISDICTION OF SUPERIOR COURTS Paragraph 1. Exclusive Jurisdiction. The superior courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases. Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. fhey shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by law, except that such courts shall not have 42 jurisdiction to review final judgments rendered by any agency of the State ~ Bar of Georgia exercising disciplinary power. The superior courts shall have ':~ authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law. SECTION 9 COMPENSATION AND RETIREMENT OF JUDGES OF SUPERIOR COURTS Paragraph 1. Salaries. Judges of the superior courts shall receive :~ from the State Treasury such compensation and allowances as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation and allowances of the judge or judges from funds of the county or counties comprising the circuit of such judge or judges. Such compensation or supplement shall not be reduced during the term for which the judge was elected or appointed. Paragraph 2. Retirement. Every judge who has not retired at an earlier age shall retire upon reaching the age of seventy, provided, however, any judge during the term of office he is serving at the time of the effective date of this Constitution shall not be required to retire at age seventy, but he may elect to do so. Any judge so retiring under this provision shall receive such compensation or pension as may be provided by law. Any judge receiving such compensation or pension shall not engage in the practice of law. SECTION 10 QUALIFICATIONS OF JUSTICES AND JUDGES Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Judge of the Court of Appeals or Judge of the 43 Superior Courts, unless at the time of his election or appointment he shall have attained the age of thirty years; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the State Bar of Georgia; and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his election or appointment. Paragraph 2. Justices and Judges Emeritus to Preside. Justices emeritus of the Supreme Court, judges emeritus of the Court of Appeals, and judges emeritus of the Superior Courts shall be eligible for temporary service in any court of this State when so designated by the Supreme Court or otherwise provided by law. SECTION 11 COURT OF ORDINARY Paragraph 1. Courts of Ordinary. There shall be a Court of Ordinary in each county, the power of which shall be vested in an ordinary. Paragraph 2. Jurisdiction. The Courts of Ordinary shall have jurisdiction of probate matters, and such other jurisdiction and powers as provided by law. Paragraph 3. Term of Office. The Ordinary shall hold office for a term of four years and until his successor is elected and qualified. SECTION 12 UNIFORMITY OF COURTS: ABOLITION Paragraph 1. Uniformity; Exceptions. Except as otherwise herein provided, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers of the same grade or class, so far as 44 regulated by law, and the force and effect of the process, judgment and decree of such courts, severally, shall be uniform, subject however to the following exceptions: (a) Uniformity shall not be required with respect to courts of ordinary or other courts of limited jurisdiction referred to in Section 1 hereof, although the General Assembly may by law establish uniformity for any or all of such courts. (b) The General Assembly t~y, without regard to uniformity, abolish the office of justice of.the peace in any county or district thereof, and may create in lieu thereof such other courts or system of courts with such powers and jurisdiction, either as to amount or subject matter, as may be provided by law, except to the extent that some other court may have exclusive jurisdiction thereof under this Constitution. All justice of peace courts now in existence shall continue as statutory murts until otherwise provided by law, and with such jurisdictions and powers as provided by law. (c) The General Assembly may by law authorize ordinaries or judges of police courts of incorporated cities and municipalities in counties containing no city court, to issue warrants, try cases, and impose sentences in all misdemeanor cases involving traffic offenses and cases arising under the compulsory school attendance laws; provided, however, that the accused waives trial by jury. Paragraph 2. Power to Abolish Courts. All courts not specially mentioned by name in Section 1 of this Article may be abolished in any county at the discretion of the General Assembly. 45 SECTION 13 VENUE AND JURY TRIAL Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the judge is satisfied that an impartial jury cannot be obtained in such county in which case venue