The attorney general of Georgia : Arthur K. Bolton

THE ATTORNEY GENERAL
OF GEORGIA
ARTHUR K. BOLTON Attorney General

ARTHUR K. BOLTON Attorney General

INTRODUCTION
The province of Georgia had come of age--indeed it was in its twenty-third year--before the first attorney was permitted to practice law in the colony. That first lawyer, authorized by an Order of Council dated August 6, 1754, was William Clifton, appointed Attorney General of the Province of Georgia. Georgia's first lawyer was thus its First Lawyer, and his office, which became the State Law Department, is thus the oldest law firm in the State of Georgia.
The role of the Attorney General and the functions of his office have undergone significant changes in the two and a quarter centuries following Clifton's appointment. Because of a continuing interest in this Department by the people of this State, it seems appropriate that this volume, the only such that has ever attempted to cover this subject matter, be prepared as a report to citizens of this State. The principal author is Executive Assistant Attorney General Robert S. Stubbs II. He received valuable assistance from Assistant Attorney General Donn L. Odom, State Librarian, and members of his staff; Ms. Ann Adamson, Assistant Secretary of State; and Ms. Carroll Hart, Director of the Department of Archives and History, and members of her staff, especially Mr. Charles R. Heaton, Jr., and Ms. Gail Smith. Particular appreciation is extended to Mr. William Birdsong in the Office of the Governor for his generous and professional work in preparing the photographic material for this volume.
In this small book have been condensed the careers of fifty men who helped to shape the office of Attorney General and the State of Georgia. We have also set out a brief summary of the work of the Department. The State Law Department serves the State and, through State government, the citizens of Georgia. A better understanding of the office of the Attorney General and the State Law Department will permit each Georgian to evaluate--and hopefully to appreciate--the service performed by this small group of professional people.
It is hoped that this report of the history of the office of Attorney General of our State, along with some of the present duties of the Attorney General, will help toward a better appreciation of the duties and responsibilities of this office. Due to the largeness and
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complexity of modern-day government, it is essential that
I Georgians be provided with the finest legal service available. It is

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to this and it

end that is hoped

the staff of the State Law that through our efforts

Department is dedicated, we warrant the trust and

I support of the people of this State.

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Atlanta, Georgia
I August 3, 1979

ARTHUR K. BOLTON Attorney General

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THE OFFICE OF ATTORNEY GENERAL
The Attorney General occupies a unique constitutional status in Georgia. He is both an executive and a judicial officer. Further, pursuant to constitutional grant of powers to the General Assembly to describe other roles for the Attorney General, he is given substantial responsibilities in the legislative branch of State government.
Under the Constitution, the Attorney General is to be "elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor." He holds office for the same time as the Governor, that is, "during the term of four years, and until his successor shall be chosen and qualified." He is subject to removal upon conviction of extortion or felony and may be suspended from office by reason of illness or other providential cause. Vacancies in the office of the Attorney General are filled by appointment of the Governor.
The salary of the Attorney General is prescribed by the General Assembly and provisions for the expenses of his office and other allowances are made by statute. He is required to give bond and security for the faithful discharge of his duties, and his candidacy and campaign are governed by the Campaign and Financial Disclosure Act.
The Constitution assigns a number of duties to the Attorney General. He is to provide information in writing to the Governor when the Chief Executive requires it; to act as the legal advisor of the Executive Departments of State government; to represent the State in the Supreme Court in all capital felony cases, and in all other civil and criminal cases in any court when required by the Governor; to examine and classify proposed constitutional amendments for submission to the electorate; and, to perform other services as may be required of him by law. The General Assembly is elsewhere directed to prescribe the duties and authority of the Attorney General and to provide the help and expenses necessary for the operation of the State Law Department.
Incident to the power given to it by the Constitution, the General Assembly has assigned a host of duties and responsibilities to the Attorney General. Many of these are passive. Others involve the

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r Attorney General in the day-to-day management of the many r activities which comprise State government. Still others place the

r Attorney General in a variety of roles, such as advisor, counsellor, litigator, and administrator. In this report are described but a few
r of the duties with which the Attorney General is charged.

r Under the law the Attorney General is head of the State

r Department of Law and in charge of its operations. The Department is vested with "complete and exclusive authority and
r jurisdiction in all matters of law relating to the executive branch

r of the Government, and every department, office, institution,

r commission, committee, board and other agency thereof."

r The Law Department has seven substantive law divisions, an administrative office, and the State Library as its principal
r divisions. In order to fulfill the duties of his office, the Attorney

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General is assisted by a staff of sixty attorneys, three professional

librarians, six para-legals, and thirty-nine other supporting

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personnel. The attorneys in the State Lmv Department are

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relatively young, generally have had superior academic and law

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school performances and hail from every part of the United States. Four out of five attorneys, however, were born or

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educated in Georgia and two out of three received their legal

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educations in our State. The Attorney General is authorized to

make appointments and promotions and take such other

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personnel actions as he deems appropriate, including the fixing of

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salaries and compensation for all persons in the Law Department.

He is further empowered to make temporary appointments from

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the practicing bar as the needs for such professional services may

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reqUIre.

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The operations and expenses of the Department of Laware met by

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the appropriations of the General Assembly, although separate legislative provisions relate to reimbursement for legal services to

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certain State activities and from other State offices which have

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requested and received the legal services of privately employed

counsel, or for which the Law Department has provided

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representation in litigation. As the demand for legal services has

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increased, so too have the appropriations, although not necessarily

in the same proportion. In Fiscal Year 1972, for example, the Law

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Department sp'ent $1,310,371 in its operations; the current

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appropriation is $3,259,200 for Fiscal Year 1980. One may take

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pride, however, in the fact that efforts of the Law Department have generally produced more revenue and collections for the

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State than it has cost to operate the Department, and this does not

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include the claims against the State and its officers which have been defeated in court.
Before reporting in more particularity on the activities of the Attorney General and the Law Department, it may be useful to give a summary of the workload which must be met. In 1969,6,865 cases of all kinds were opened, including requests for opinions, legislation, contracts and deeds for review or drafting, and actual courtroom litigation. In 1978 that figure grew to 11,079. The actual litigated cases increased threefold, to just under 4,000 cases. Prisoners' cases and criminal appeals increased 91.8 percent in 1974 alone. The response to this increase not only has brought an increase in the number of attorneys in the Law Department and in its appropriation but also has resulted in major internal structural adjustments to cope with the increasing problems in environmental protection, consumer interests, securities, and public assistance programs, among others.
The Attorney General is a member of thirty-three major boards, commissions, councils, and authorities created by statute and an untold number of similar groups organized by the Governor that manage much of the State's business. Among these assignments are memberships on the governing boards of the Georgia Crime Information Center, Ordinaries' Retirement Fund, Board of Public Safety, Georgia Building Authority, Georgia State Financing and Investment Commission and the State Records Committee.
In the legislative area, the Attorney General is charged by the Constitution with the examination and classification of proposed constitutional amendments for submission to voters at the general election. By statute, he is to serve as an advisor to the Legislative Counsel, and, upon request, the General Assembly, either branch thereof or any legislative committee, and to aid in the preparation of legislation. In addition to assisting members of the General Assembly in drawing legislation, the Attorney General and his staff prepare or assist in the preparation of much of the legislation offered by the Executive Departments. When a member of the General Assembly is sued because of action taken involving his official duties, the Attorney General may provide legal representation upon request.
The Attorney General, as a judicial officer, in addition to serving as a trustee of the Superior Court Judges' Retirement Fund, is an advisor on the rules of trial and appellate practice with the senior

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r superior court judges and the Advisory Appellate Council. More

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recently, the Rules ofthe Judicial Qualifications Commission have provided for the assistance of the Attorney General in its

r proceedings. State judges are represented by the Attorney

General, when representation is requested, in cases involving r their official duties. The proliferation of litigation challenging

r governmental decisions has embraced the judiciary and the Law Department has been called on in recent months to provide
r representation in civil rights cases in the Federal courts to trial

r judges in more than half of Georgia's 42 judicial circuits.

The General Assembly, under the general constititutional grant r of authority to prescribe duties for the Attorney General, has

r made it his duty, when he deems it advisable, to prepare all

contracts and writings in relation to any matter in \vhich the State r is interested. This does not include, however, the authority to

r examine documents in behalf of a municipality. During 1978, the Law Department prepared or reviewed for legality 2,994
r documents. This is nearly a 50 percent increase since 1971.

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A significant function of the Attorney General is his investigative role, the one which exists quite apart from the attorney's practices in the preparation of a case for trial or revie\v. He is authorized and empowered by law at any time, other than when the General Assembly is in session, of his own motion, to institute and conduct investigations into the affairs of any department, agency, board, bureau, commission, institution, instrumentality, retirement system or authority of the State. This is an awesome responsibility, and it has been used with restraint during the past fifteen years.
The Governor at any time, ho\vever, may direct the Attorney General to conduct an investigation into the affairs of any department of the State or into the official conduct of any State officer or employee or into the affairs of any person, firm, or corporation dealing with the State. The Attorney General may be designated to provide legal assistance in the conducting of an investigation by the State Auditor. At the Governor's direction also. there may be an investigation of a demand for extradition. Investigations for subversive activities, particularly of State employees. are governed by the Sedition and Subversive Activities Act of 1958.

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In carrying out his authority to conduct investigations, the

Attorney General may administer oaths; require the services and

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assistance of any State official in the course of the inquiry; compel

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evidence and subpoena witnesses; inspect records, documents, correspondence and books of any department, agency, board, bureau, commission, institution, or authority of the State; require the production of records, documents, correspondence and books of any department, agency, board, bureau, commission, institution, or authority of the State; and, require the production of records, documents, correspondence and books of any person, firm or corporation which relate directly or indirectly to dealings with the State or any of its departments or adjuncts. The failure to grant access to records or to fail and refuse to produce evidence, or to respond to subpoena may subject the defaulter to contempt proceedings. Under certain circumstances, mechanical and electronic surveillance equipment is authorized for use.
The two areas of judicial activity most often associated with the Attorney General are the rendering of opinions and the conducting of litigation in behalf of the State, its officers and activities.
The Constitution requires the Attorney General to advise the Governor in writing on any subject relating to his office when the Governor so requests. This duty is reiterated in the statutes, although there the opinion may extend to any question of law connected with the interests of the State or with the duties of any of the Executive Departments. While the General Assembly may not properly make an appropriation contingent upon an opinion of legality from the Attorney General. it has provided, however, that the Attorney General by his official opinion may make a finding that acts of a public officer were in the scope of his office and thus permit indemnification of such officer should a civil judgment for damages be returned against him.
The Attorney General has held that his opinions do not have the force and effect of a court decision, but State officials are authorized to act upon them without questioning their correctness and, as a general proposition, they are protected when they do so. A State officer may not legally be compelled to follow the advice of the Attorney General but the courts have tended to regard it as "high authority" in interpreting the Constitution or in construing a statute. A practice advised by the Attorney General and continued for a long time without a note of disapproval from the courts is persuasive authority for the legal validity of the advice. Further, the failure of the General Assembly to act to amend a statute which has been construed by the Attorney General.

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especially \vhere that inaction continues for some years, is evidence of approval of the opinion of the Attorney General as to the meaning of the statute and the legislative intent concerning that act.
The opinions of the Attorney General are both official and unofficial. Official opinions are rendered only upon formal written requests addressed to the Attorney General from the Governor or the heads of the various departments and agencies of State government. Official opinions are not given on matters which do not involve the interests of the State or any of its various departments. Unofficial opinions are rendered to State officers other than executive officers, county and municipal attorneys, and Federal officials on questions involving the general laws of the State. An unofficial opinion is no more than an expression of opinion by the attorney drawing the same and is neither binding on the Attorney General nor anyone else; it is rendered strictly as a matter of courtesy and accommodation. As helpful as these unofficial opinions have been to many persons, the required work of the Law Department has made it necessary to reduce our response to these requests, and, accordingly, the number of such opinions has dropped from 307 in 1969 to 51 in 1978. The number of official opinions has also declined substantially during this period, that is, 210 in 1969 and 87 in 1978.
A request for an opinion, official or unofficial, does not necessarily mean that an opinion will be rendered. While it is a policy of the Attorney General to reply as fully as possible to inquiries from Georgia citizens, it is legally prohibited for him or the attorneys in the La\v Department to engage in the private practice of law. It would thus be legally impermissible to express a private legal opinion or otherwise undertake to advise a private citizen on a private matter, whether or not the inquiry relates to a general law. Certain other general policies have been established with respect to opinion requests. No attorney in the Law Department will advise, by way of an official or unofficial opinion, on the constitutionality of a statute (for that is a matter for the courts), on matters involved in pending litigation (for that is a matter before the court), or on matters involved in pending legislation (for that is a matter before the General Assembly). The Attorney General does not consider it an appropriate responsibility of the Law Department to impinge on the authority of Federal officials by issuing opinions on Federal law, or on that of district attorneys

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and solicitors who have the primary responsibility for criminal prosecutions by opining on questions of criminal law. Generally. one department will not be formally advised as to the duties of another or one branch of government on another's duties. Further, no opinions will be authorized which relate primarily to local matters or which involve political rather than legal questions.
The Constitution specifically assigns to the Attorney General the role of representing the State in the Supreme Court in all capital felony cases. The Attorney General becomes an active participant in a capital felony prosecution only after an appeal from a conviction for a capital felony has been perfected in the Supreme Court. After the appeal has been properly docketed and the Attorney General has been served with the appellant's enumeration of error and brief in support of the enumerations, the Attorney General will file a brief in answer to the appellant's allegations. The motion for a new trial is considered as a preappellate procedure and the Attorney General is not authorized to participate actively in those proceedings. The rules of practice require that in capital felony cases a copy of the transcript and of the record on appeal shall be furnished to the Attorney General but he shall pay the court reporter and clerk for them. In capital felony cases, the rules of the Supreme Court require that copies of the enumerations of error, briefs, and requests for oral argument of the appellant must be served upon the Attorney General before they are offered for filing with the clerk of the court.
Another specific judicial assignment to the Attorney General by the Constitution is the representation of the State in all civil cases in any court and in criminal cases, when so required by the Governor. The Supreme Court has held that "under the general powers conferred by the Constitution upon the Governor, and on account of his peculiar relation to the affairs of the State, he has the power to authorize the Attorney General to bring suit in behalf of the State. either at law or in equity. whenever the interests of the public or of the State would be subserved by an appeal to the courts." The Governor is given the power to direct the Department of Law. through the Attorney General as its head, "to institute and prosecute in the name of the State such matters, proceedings, and litigations as he shall deem to [be in] the best interestofthe people of the State." When a suit is brought by the Attorney General at the instance of the Governor, it is a suit by the State and the style of the case is so drawn. When a district attorney is absent or

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indisposed, or disqualified from interest or relationship to engage in a prosecution, and in response to a request made by the presiding judge of that judicial circuit, the Governor may, in his discretion, order the Attorney General to represent the State in cases in that circuit. The Governor may also require legal services of the Attorney General for the Western & Atlantic Railroad, He may also direct the Attorney General to defend any civil or criminal action brought against any member of the organized militia for any act done by him in the performance of his duty while in the active service of the State, Further, \vhenever the Governor, after consulting \vith the Attorney General. determines to institute a suit for the recovery of a debt due the State or money or property belong'ing to the State, he may require the aid of the Attorney General to begin and carryon the suit. The Governor and the Attorney General are both given duties in respect to the prosecution of subversive activities.
In addition to capital felony cases in the Supreme Court and civil and criminal cases, at the direction of the Governor, the lav/s command the Attorney General to attend, on the part ofthe State, to all criminal causes in any of the circuits, \vhen the district attorney thereof is prosecuted, and also, on the partofthe State, to attend to all other criminal or civil causes to which the State is a party. The potential here is enormous, as the existing laws already impose substantial responsibilities.
In addition to the powers otherwise described, giving to the Governor the capability of directing the involvement of the Attorney General in legal action, the General Assembly has given various other State officers a hand in the request for litigation by the Attorney General. In most litigation, however, especially where no specific statute obtains, the Attorney General as the State's chief legal officer counsels \vith the executive officer involved and a coordinated determination is reached respecting legal action. This is implicit in the representation of the executive departments or other bodies to \\'hich the Attorney General is assigned by statute as legal counsel. A suit in which a governmental agency is shown as plaintiff, brought by and through the Attorney General, is substantially the suit of the State.
In a few instances, the Attorney General is committed by the statutes to litigation, apparently with no discretion on his part. Thus, in some matters affecting bond validations and charitable trusts, he must act. Similarly, he is commanded to represent the

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State in all cases before the Supreme Court of the United States and to perform other necessary legal services which must be taken beyond the limits of the State. Among such actions would be suits in the courts of other states to collect taxes legally due to the State of Georgia. Where an indictment against one claiming to be an officer of the United States has been removed from State to Federal court, the Attorney General, with the State district attorney from whose circuit removal was effected, will represent the State in the prosecution.
Most commonly, the Attorney General is acknowleged as the State's chief legal officer and is authorized and empowered to prosecute in the criminal courts any person for any violation respecting the conductofthe State's business which results in loss, damage, or injury to the State, any of its departments, adjuncts or taxpayers. He may be the plaintiff in a penal action. Specific authority is in many instances extended by statute to the Attorney General so that he, in his own judgment, may undertake various legal actions. For example, he is authorized to proceed as the subrogee where indemnification for personal injury or death or property damage has been made pursuant to recommendation of the Claims Advisory Board; to prosecute, in the name of the State, eleemosynary institutions for fund raising violations; to seek civil remedies against multi-level distribution companies; to initiate criminal proceedings for violations of the Georgia Securities Act; to take civil action to enforce employment security laws; to seek injunctive relief or a writ of quo warranto against an insurance company; to seek injunctions to abate a nuisance or to restrain improper acts in connection with alcoholic beverages; to seek an injunction for violations of the Fair Trade Act: to represent one who having performed military service is improperly denied reemployment benefits; and, to seek injunctive relief against one improperly marketing petroleum products, or violating provisions of law relative to the registration of nurses. Claims brought against the Land Registration Assurance Fund are defended by the Attorney General. The Attorney General, with the approval of the judge of the superior court in which the matter is pending, may grant a witness immunity from criminal prosecution in order to compel that witness to testify at a trial or before a grand jury.
In treating of the role of the Attorney General in litigation, the courts of this State have established with clarity that when he files a pleading in his official capacity, such constitutes participation

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by the State in the suit, buthis representation of a State official in a suit to restrain that official or to obtain some other relief from him as a result of an act incident to his office does not operate to grant the State's consent to being sued. The courts have recognized that he has usually, in the past, acted at the direction or request of the Governor or another State official and have sought to define his posture as advocate for such an official rather than as a representative of the public generally. Thus, in this more conventional interpretation, the courts have cautioned that the Attorney General is merely empmvered to conduct the suit and does not acquire by delegation any of the duties imposed upon the officer he represents. He can, of course, make the officer a party to the suit by his entrance therein. And he may properly restrain and enjoin State officers in their official capacity from doing an alleged illegal act, in lieu of such suit's being permitted at the instance of a private person. The Attorney General may also institute proceedings to set aside an unlawful or improper contract. made in behalf of the State, through the inadvertence of a State officer or his failure to observe legal requirements. He is a proper party defendant in a Federal suit attacking a State statute, because he is vested with jurisdiction inall matters of law relating to State governmental departments, boards and agencies.
There is common la\v authority authorizing the Attorney General in his own judgment to initiate and pursue legal actions. In an early case, the Supreme Court observed that "the Attorney General has the power to institute suits necessary to the protection of the interests of the State; in case, for instance, \vhere the State's property is involved, or where public rights are jeopardized, \vithout direction from the Governor."
The Court soon after continued its judgment of the Attorney General's po\vers; "If the Attorney General has this power in reference to mere property rights of the public, how much more should he have it where the public health and safety are involved." And, continuing a pattern of extending authority by analogy, the Supreme Court observed that the Attorney General had the power to file an application in the name of the State for the purpose of enjoining a public nuisance and thus should have authority to make application to restrain a trespass upon public land.
Whatever the occasion for the involvement of the Attorney General in litigation, it is certain that he has been the focus of many statutes dealing \vith his appearance in court or his

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representation of the State and its interests. The courts have recognized his special role as the litigant and require service of notice upon him in order to confer jurisdiction to hear and determine the interests of the State. The statutes are explicit respecting the requirement of notice to the Attorney General where the State is a party; "Any verdict, decision, judgment, decree, order, ruling or other judicial action by any court in this State in any matter in which the State of Georgia, or an official of the State of Georgia in his official capacity, is a party defendent, intervenor, respondent, appellee or plaintiff, in fda., shall be void unless it affirmatively appears as a matter of record" that the Attorney General or his representative was given five days written notice in advance of the time set for the particular proceeding or that he was present in person at the proceeding or that he waived the notice in writing. This statute has been held to be "an absolute condition precedent before a valid judgment may be entered against the State of Georgia or any of its officials acting in their official capacity."
The statutes further provide for notice to the Attorney General and service with the petition or other papers in the case if a State statute, administrative order or regulation, or State-granted franchise is alleged to be unconstitutional. This mandatory provision obtains, however, only in declaratory judgment proceedings where the unconstitutionality of the statute is asserted. This requirement has been held by the Supreme Court to be mandatory and jurisdictional; it does not, however, require that the Attorney General be made a party to the action, only that he have notice of the constitutional attack being made on the statute and the opportunity to be heard if he so desires. Where he has no relation to a State agency other than that of his general official relation as the princi pallaw officer of the State, he is not a necessary nor proper party to a suit to enjoin the enforcement of an order made by such State agency. He has the right, and duty, however, to appear as counsel. Other provisions of law assure notice to the Attorney General where a petition for a declaratory judgment as to the validity of any rule of an administrative agency is filed; or a petition is filed for habeas corpus relief by one detained under custody of the Board of Offender Rehabilitation; or a petition for the registration of land involves the determination of any public right or interest of the State: or a pleading raises an issue of sale or use taxability; or a suit is entered against the

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I State for failure to pay a public debt. As representative of the State as a plaintiff. he may be relieved of the obligation of giving
I bond when the same might otherwise be required of the plaintiff.

I While it may be accurate to say that the Attorney General fully

I manages the case for the State, it is also true that his capacity to

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effect a compromise or settlement, especially in a tax case, is limited. The Commissioner of Revenue may compromise a penalty

I arising from an income tax violation, but the consent of the

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Attorney General is required if a suit to enforce the penalty has been commenced. On the other hand, the Attorney General has no

I authority of himself to settle a tax execution at less than its full

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amount; he has no power to compromise a debt due the State at less than the amount due, nor at a less rate of taxation than that due,

I nor to release a taxpayer from an ad valorem tax charged or from

I any part of such a tax imposed.

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In aid of his duty in respect to litigation at the appellate level. the

Attorney General is give a limited access to papers in the office of

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the appellate courts' clerks. The Attorney General and his staff

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are given a right to a continuance if they are occupied in the

business of the General Assembly.

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THE ATTORNEYS GENERAL OF GEORGIA

The history of the office of Attorney General in Georgia is an interesting one, having its beginnings with the arrival from England of the first lawyer in Georgia, continuing through the post-colonial phase as a part of the judiciary, enduring a greatly diminished role during the first half of the 19th century, and finally attaining a significant position in State government under the Constitution of 1868. What follows is a brief summary of the Office through the years and a sketch of the men who have borne the title of the Attorney General of Georgia.

Colonial Period (1732-1776)

William Clifton Charles Pryce

1754-1764 1764-1776

From the time of the grant of the charter by the King to the trustees of the Colony of Georgia on June 9, 1732, until after the expiration of the proprietary charter and the reconstitution of the colony as the Royal Province of Georgia on June 20, 1752, there was no attorney in Georgia.

The first lawyer to be authorized to practice in Georgia was the first Attorney General. He was William Clifton, so appointed by King George II on August 6, 1754. He arrived in Savannah on November 12, 1754, and immediately took the oath of office and commenced his duties, which included the preparation of a plan for a judicial system for the Province, and service as a member of the Governor's Council. Clifton, who had studied law at Gray's Inn in London, served until 1764 (except for a leave of absence in 1758, during which time Thomas Barrington served as Attorney General pro tern.), when he was appointed Chief Justice of West Florida.

Clifton was succeeded by Charles Pryce who held the office until Georgia declared its independence of Great Britain in 1776. Pryce's term seems to have been significant only because of his absence from Georgia. William Graeme served as Attorney pro tern. in 1768, James Hume, from 1770-1776, and James Robertson, in 1776.

Post Colonial Period (1776-1806)

William Stephens

1776-1780

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John Milledge

Samuel Stirk

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Nathaniel Pend leton

Matthew McAllister

George Walker

David Brydie Mitchell

1780-1781 1781-1785 1785-1786 1787-1791 1792-1795 1796-1806

With the declaration of independence from the British Crown, the new State included among its principal officers an Attorney General. First elected was a Savannah attorney. William Stephens, not to be confused with Oglethorpe's successor as President of the Colony, who bore the same name. Stephens continued in office even though the office was but scarcely described in the Constitution of 1777, and then as a part of the judiciary. William Stephens, like most of his immediate successors, took an active part in the independence movement and in the organization ofthe new government. Following his service as Attorney General, he was the Chief Justice and later a Chatham County Representative (1784-1786) and Senator (1789-1791) in the General Assembly. He was a member of the State's Executive Council (1784) and of the State Convention (1787-1788) which ratified the United States Constitution. Stephens later served (1796-1798) as Judge of the Superior Courts of the Eastern Judicial Circuit.

Another partriot succeeded Stephens. John Milledge, who was to become the first of eight former Attorneys General to hold the office of Governor of Georgia, took part in the seizure of the royal arsenal and powder magazine in Savannah which marked the entry of Georgia into the American Revol ution. Milledge (1757-1818) was born in Savannah and later entered the practice of law there. His war service was with the Georgia Militia in which he held the rank of Captain. He served Chatham County in the General As;sembly as both a Representative (1789-1790) and a Senator (1794-1795) and represented Georgia in the Congress as a Representative (1792-1793,

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1795-1799,1801-1802) and as a Senator (1806-1809), In the latter body he was elected President pro tern, in 1809, Before he died in Augusta, in which place he had resumed the practice of law when not in public service, he participated actively in the founding of the University of Georgia, The City of Milledgeville was named for him.
Samuel Stirk was another Savannah native and lawyer. He served as Secretary and Clerk of the State's Executive Council (1777-1780), as a Delegate to the Continental Congress in 1781, as a Representative in the General Assembly from Chatham County (1781-1782,1786,1789-1790), and, as Justice of Chatham County (1786-1789), in addition to holding the office of Attorney General. Stirk held the rank of Lieutenant Colonel in the Georgia Militia during the Revolutionary War.
Georgia's fourth Attorney General after independence was Nathaniel Pendleton (1756-1821). Born in Virginia, he studied law there and also in New York and South Carolina, and served with distinction in the Continental Army, attaining the rank of Major and receiving in 1781 the thanks of Congress for gallantry in action. He came to Georgia with his erstwhile commander, General Nathaniel Greene, and entered the practice of law in Savannah. He was a State Representative in 1786, a delegate to the U.S. Constitutional Convention (1787-1788), Chief Justice (1787-1789), a delegate to the Continental Congress (1789), and member of the State Convention which ratified the Constitution. Pendleton was appointed and served as the first Judge of the U.S. District Court for Georgia (1789-1796). After resigning from the bench. he went to New York where he renewed a wartime friendship with Alexader Hamilton (he served as Hamilton's second in the famous duel with Aaron Burr), entered into law practice, and, before his death, served in the New York legislature (1816-1817).
Matthew McAllister succeeded Pendleton as Georgia's Attorney General. His public career included service in the General Assembly as both a Representative (1786) and a Senator (1814) from Chatham County, membership in the Constitutional Convention of 1787-1788, and tenure as Judge of the Superior Courts of the Eastern Judicial Circuit (1801-1802). McAllister was United States District Attorney while his predecessor served as Georgia's Federal judge.

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McAllister's successor was George Walker, who also served as a State Representative from Franklin County (1789) and from Richmond County (1797-1799, 1803-1804). Walker's brother, Robert, later served as Attorney General and another brother, Freeman, was U.S. Senator from Georgia.

The last Attorney General who served before the capital was moved to Milledgeville was David Brydie Mitchell (17661837). A native of Scotland, he came to Savannah at the age of seventeen and studied law under William Stephens. Having practiced law in Savannah, he later served as a State Representative from Chatham County (1796) and as a Senator from both Chatham (1801-1802, 1804-1806) and Baldwin (1836) counties. His term as SolicitorGeneral of the Eastern Judicial
Circuit (1796-1798) was followed by that as Judge of the Superior Courts ofthat Circuit (1798-1801). A Major General in the Georgia Militia, he was Governor from 1809 to 1813 and, again, from 1815 to 1817, resigning from office to become United States Commissioner to the Creek Indians, in which capacity he served until 1821. He died in Milledgeville where he had practiced law after retiring from active public service. Mitchell County was named for him.

The Milledgeville Period (1807-1868)

Robert Walker John Hamil John Forsyth Alexander M. Allen Richard Henry Wilde Alexander M. Allen Roger Lawson Gamble Thomas F. Wells George Washington Crawford Charles Jones Jenkins Ebenezer Starnes

1807-1808 1808
1808-1811 1811
1811-1813 1813-1816 1816-1822 1822-1827 1827-1831 1831-1834 1834-1840

17

James Gardner John J. R. Flournoy Alpheus Colvard John Troup Shewmake William R. McLaws Alpheus M. Rogers Winder P. Johnson William Watts Montgomery George Thomas Barnes John Philpot Curren Whitehead

1840-1843 1843-1847 1847-1851 1851-1855 1855-1859 1859-1861
1861 1861-1865 1865-1866 1866-1868

The Georgia Constitution of 1798 added little to the role of the Attorney General as it had existed under the Constitutions of 1777 and 1789. The Attorney General was essentially a prosecuting attorney for the State and so performed under the Judiciary Act of 1797. No significant change of status took place under either the Constitution of 1861 or that of 1865. Indeed, the title became that of State's Attorney. So much a prosecuting officer had the Attorney General become by 1807 that thereafter, when the State Capitol was moved to Milledgeville, the incumbent SolicitorGeneral of the Middle Judicial Circuit assumed the role of Attorney General and his successors continued in this dual status until the Constitution of 1868 recreated the office of Attorney General. A number of noted men, including three who would become Governor, held office during this period.

Robert Walker had been serving as Solicitor-General of the Middle Judicial Circuit since 1804 and continued in that role and that of Attorney General until he became Judge of the Superior Courts of the Circuit, in which office he was to serve until 1816, and again from 1822 to 1825. Walker's brother, George, also served as Attorney General and another brother, Freeman, was a U.S. Senator from Georgia. John Hamil succeeded Walker for a period of several months in 1808, after which one of Georgia's most honored statesmen, John Forsyth, entered the office.

Forsyth (1780-1841), who was born in Virginia and came to Georgia when he was a child, was graduated from Princeton in 1799 and admitted to the Georgia Bar in 1802. He practiced law in Augusta, becoming Attorney General in 1808 and serving until 1811, after which time he entered the Congress, where he was to serve intermittently as Representative (1813-1818, 1823-1827) and Senator (1818-1819, 1829-1834) for nearly twenty years. He was Governor of Georgia from 1827 to 1829, served as U.S. Minister to Spain (1819-1823) and Secretary of State (1834-1841)

18
under Presidents Jackson and Van Buren, and died in _ Washington. Forsyth County and the City of Forsyth were named for him.
Forsyth was followed by Alexander M. Allen who served briefly in 1811. Following Wilde's term of office, Allen was again Solicitor-General and Attorney General from 1813 to 1816. He was later both a State Representative (1818-1821) and Senator (1821-1823) from Burke County.
Richard Henry Wilde (1789-1847), whose term interrupted Allen's two periods of service, wasa native of Ireland who came to America when he was eight years old. He came to Georgia in 1803 and was admitted to the Bar in 1809, after which he practiced in Augusta. Following his service as Solicitor-General and Attorney General, he served for nearly twenty years in the Congress as a Representative (1815-1817, 1823-1825, 1827-1835). Wilde was a poet of some note and a biographer of Dante. After extended travels in Europe, he moved to New Orleans where he entered practice and also taught law at Tulane (1843-1847). He died of yellow fever in New Orleans.
Roger Lawson Gamble (1787-1847), who followed Alexander M. Allen's second term as Attorney General, was born in Louisville and practiced law there after admission to the Bar in 1815. An officer in the War of 1812, he served in the General Assembly as both a Representative (1814-1815) and a Senator (1823-1825, 1827-1829) from Jefferson County and as a Representative in the Congress (1833-1835, 1841-1843), in addition to being SolicitorGeneral of the Middle Judicial Circuit and Attorney General. He also was Judge of the Superior Courts of the Middle Circuit from 18~5 to 1847. He died in Augusta.
Thomas F. Wells, who later served as a State Senator from Washington County (1859-1860, 1863-1865), followed Gamble as Solicitor-General and Attorney General and was, in turn,

19
succeeded by two men who would become Governor of Georgia, George Washington Crawford and Charles Jones Jenkins.
George Washington Crawford (1789-1872) was born in Columbia County, graduated from Princeton in 1820, studied law under Richard Henry Wilde, was admitted to the Georgia Bar in 1822, and thereafter entered practice in Augusta, where he was to live, except for periods of public service, until his death. Following his service as Solicitor-General and Attorney General, he was in the General Assembly as a Representative from Richmond County (18371842) and, briefly in 1843, a Representative in the Congress. Crawford was Governor of Georgia from 1843 to 1847 and Secretary of War under Presidents Taylor and Fillmore (18491850). His final public service was as President of the State Constitutional Convention of 1861.
Charles Jones Jenkins (18051883), who served in all three of the branches of Georgia's government, was born in South Carolina and came to Georgia when he was eleven years old. He attended what became the University of Georgia and was graduated from Union College in New York in 1824. He studied law under John McPherson Berrien (U.S. Attorney General, 1829-1831), was admitted to the Georgia Bar in 1826, and thereafter practiced law in Sandersville and Augusta, where he died. Jenkins served in the General Assembly as both a

20
Representative (1829-1831, 1836-1842, 1843-1850) and a Senator (1856-1857) from Richmond-County. He was Speaker pro _ tern. of the House of Representatives in 1839 and Speaker in 1840 and from 1843-1848. Service as a Justice of the Supreme Court of Georgia (1860-1865) was followed by his term as Governor (18651868). He was a member of the Constitutional Convention of 1865 and President of that of 1877. Jenkins County was named in his honor. Ebenezer Starnes, a practitioner in Augusta, became SolicitorGeneral of the Middle Circuit and Attorney General in 1834 and served in that office until 1840. He later served as Judge of the Superior Courts of that Circuit (1849-1853) and as a Justice of the Supreme Court (1853-1855). Death came in 1868.
Starnes was succeeded by James Gardner (1813-1874), another Augusta practitioner, who held the dual office from 1840 to 1843. He was a graduate of Union College in New York and studied law under George W. Crawford, one of his predecessors, with whom he later practiced. Gardner died in Augusta, the city of his birth.
John J. R. Flournoy held office as Solicitor-General and Attorney General from 1843-1847. He was succeeded by Alpheus Colvard who served from 1847 to 1851. Colvard was later a State Representative from Columbia County (1859-1860).
John Troup Shewmake was Colvard's successor. Born in Burke County in 1826, he attended Princeton University, was admitted to the Bar in 1846 and practiced law in Waynesboro with William W: Montgomery, himself an Attorney General. Shewmake later practiced in Augusta and served as Solicitor-General of the

21
Middle Judicial Circuit (and Attorney General) (1851-1855), State Senator (1861-1863,1877-1879), and as a Georgia Representative to the 2nd Confederate Congress (1864-1865).
Shewmake's successors as Attorney General were William R. McLaws, who held the dual office from 1855 to 1859, and who taught Tom Watson his law; Alpheus M. Rogers, from 1859 to 1861; and Winder P. Johnson, who served for several months in 1861.
William Watts Montgomery (1827-1897) was educated at Georgetown University and the University of Georgia. He was admitted to the Bar in 1849 and first practiced in Waynesboro with John T. Shewmake. He later returned to Augusta, the city of his birth, and practiced law there with Hershel V. Johnson, later Governor of Georgia (1853-1857). Montgomery served as Solicitor-General and Attorney General from 1861 to 1865 and was briefly a Justice of the Supreme Court (1872-1873), returning to practice in Augusta where he died.
George Thomas Barnes (1833-1901), a resident of Augusta throughout his life and a graduate of the University of Georgia (A.B., 1853), followed Montgomery in office. Admitted to the Bar in 1855, he was elected as Representative from Richmond County in 1860 but left to serve in the Confederate Army, in which he attained the rank of Major. His military service ended, he held the dual office of Solicitor-General and Attorney General from 1865 to 1866. Barnes had earlier practiced in Athens and now returned to the law in Augusta. He went back to public service as a Representative in the Congress from 1885 to 1891.
The last Attorney General who was, at the same time, also Middle Circuit prosecutor was John Philpot Curren Whitehead (18131884). A Confederate Army veteran, he was a lifelong resident of Burke County. His public service as Attorney General began in 1866 and ended with the effective date of the new Constitution in 1868.

22

Constitutional Officer (1868-

Henry Pattillo Farro\v

Nathaniel Job Hammond

,

Robert Ne\vsom Ely

Cl ifford Anderson

George Nelson Lester

William Augustus Little

Joseph Meriwether Terrell

Boykin Wright

John Collier Hart

Hewlett Alexander Hall .. ,

Thomas Swift Felder

Warren Grice

'"

Clifford Mitchell Walker

'"

Richard Allen Denny

'"

George Moultrie Napier

" ., "

Lawrence Sabyllia Camp

"

Manning Jasper yeomans

Ellis Gibbs Arnall

Thomas Grady Head

'"

Julian Eugene Cook

'"

Arthur Key Bolton

) 1868-1872 1872-1877 1877-1880 1880-1890 1890-1891 1891-1892 1892-1902
1902 1902-1910 1910-1911 1911-1914 1914-1915 1915-1920 1920-1921 1921-1932 1932-1933 1933-1939 19:19-1943 1943-1945 1945-1965 1965-

Atlanta became Georgia's capital in 1868 and, in that same year, a

new Constitution was adopted in which the Attorney General was

I

given precise duties as the State's chief legal officer. Those duties.

largely judicial in nature, were continued in the Constitution of

1877. It was only in the Constitution of 1945, and its successor in

1976, that the full broad scope of executive functions as \vell

became the role of the Attorney General.

Henry Pattillo Farrow became the first Attorney General under the Constitution of 1868 on July 21. 1868. Born in South Carolina in 1834, he received his law degree from the University of Virginia in 1855. He practiced law briefly in Laurens, South Carolina, before removing to Georgia in 1856, where he opened his law practice in Cartersville. The Civil War found him in Confederate service. Aftenvards, he returned to the practice of law until his appointment as Attorney General. He served until 1872 when he resigned to be succeeded by Nathaniel J. Hammond. Farrow later served as United States Attorney for the District of Georgia and as Postmaster of Gainesville.

23
Nathanial Job Hammond (18331899) was a native of Elbert County. He was an 1852 graduate of the University of Georgia and, after admission to the Bar in 1853, practiced law in Monroe County and in Atlanta. Prior to becoming Attorney General in 1872, he served as Solicitor-General of the Atlanta Judicial Circuit (1861-1866) and as Supreme Court Reporter (1867-1872). His service as Attorney General was concluded in 1877. In addition to four terms as a State Representative in the Congress (1879-1887), he was a member of the Code Revision Commission of 1863 and of the State Constitutional Conventions of 1865 and 1877. He died in Atlanta.
Robert Newsom Ely was appointed as Attorney General in 1877 by Governor Colquitt, his brigade commander in the Civil War. Ely was born in Muscogee County in 1833, attended Mercer University, and was admitted to the Bar in 1855. He practiced law in Albany and served as a Representative from Dougherty County in the General Assembly (1859-1860) before entering military service in the Confederate Army, in which he attained the rank of Major. His term of office as Attorney General ended in 1880.

24
Following Ely as Attorney _ General was a distinguished -'0 attorney from Middle Georgia,
CI ifford Anderson (1833-1899) of Macon. He was born in Virginia, came to Georgia in 1849, and was admitted to the Bar in 1852, beginning a practice in Macon that lasted nearly half a century. Anderson was Judge of the City Court of Macon (1856-1858), a member of the City Council of Macon (1858-1859), Representative from Bibb County (18591860), and, after service in the Confederate Army, a Representative from Georgia in the Confederate Congress (1864-1865). He was President of the Georgia Bar Association (1886-1887), a member of the Code Revision Committee (1893-1895), and a professor of law at Mercer University, in addition to his service as Attorney General from 1880-1890. Sidney Lanier, the poet, was his sister's son.
George Nelson Lester (18241891), another, former Confederate soldier, followed Judge Anderson. Lester was born in South Carolina but came to Georgia as a small child in 1828. He was admitted to the Bar in 1843 and thereafter practiced in Cumming and Marietta. His publ ic career included service as the Supreme Court Reporter (1855-1860), Representative from Cobb County (1859-1863) (while also serving as an Army Captain), Georgia Representative to the Confederate Congress (18'64-1865), Judge of the Superior Courts of the Blue Ridge Circuit (1877-1880), and Attorney General (1890-1891). His entire term in the latter office was marked by illness from a stroke, which later claimed his life.

25
The last Confederate veteran to serve as Attorney General was William Augustus Little (18381924), whose distinguished public career included high office in each branch of Georgia's government. A native of Talbot County, he was educated at Franklin College (later the University of Georgia), Oglethorpe University (from which he received an A.B. degree in 1859), and Yale University. He was admitted to the Bar and practiced, first, in Talbot County and later, until his death, in Columbus. He served in the Confederate calvary throughout the Civil War. attaining the rank of captain. His public service began as Solicitor for Talbot County (1866-1868), after which he served as Assistant Secretary of the State Senate, Solicitor-General of the Chattahoochee Judicial Circuit (1873-1876), Representative from Muscogee County (18821887). Speaker of the House of Representatives (1885-1887) (an office also held by his son, John D. Little, from 1898-1901), Attorney General (1891-1892), Assistant U.S. Attorney General (1 ~98-1894), Justice of the Supreme CourtofGeorgia(18961903), and Judge of the Superior Courts of the Chattahoochee Circuit (1905-1907). He was also a member of the Constitutional Convention of 1877.
Judge Little was succeeded by the sixth Attorney General who would become Governor of Georgia, Joseph Meriwether Terrell (1861-1912). Born in Greenville, he entered practice there after admission to the Bar in 1882. He later practiced in

26
Atlanta. He served as Representative from Meriwether County (1884-1887) and State Senator (1890-1892), Attorney General (1892-1902), Governor (1902-1907), and United States Senator (1910-1911), before his death in Atlanta.
Governor Terrell's successor as Attorney General was Boykin Wright (1852-1932), who served briefly in that office in 1902. Wright was born in Covington, studied at Emory College and the University of Georgia (where he received the LL.B. degree in 1875 and was a classmate of John C. Hart, h is successor as Attorney General), was admitted to the Bar in 1877, and began a lifetime law practice in Augusta thereafter. He also served as Solicitor-General of the Augusta Circuit.(1881-1892), and as a Representative from Richmond County (1905-1908).
John Collier Hart (1854-1918), his predecessor's law school classmate, was born in Union Point, where he was to live out his life. After graduation from the University of Georgia with an LL.B. degree in 1875, he began the practice of law. His public career included service as a Representative from Greene County (1884-1885, 1888-1889), Judge of the Superior Courts of the Ocmulgee Circuit (18951902), Attorney General (19021910), and State Tax Commissio.ner (1913-1918).

27
Following Hart as Attorney General was Hewlett Alexander -. Hall (1862-1937). Born in Meriwether County, he was educated at Mercer University (where he received an A.B. degree in 1883), and, after admission to the Bar in 1885, practiced law in Newnan. One of his law partners was William Y. Atkinson, later Governor of Georgia (1894-1898). In add ition to his years as Attorney General (1910-1911), Hall also served as a Representative from Coweta County (1894-1897) and as Solicitor-General of the Coweta Circuit (1903-1904). He died in Newnan, where he had spent. most of his life.
The next Attorney General was Thomas Swift Felder, who was born in Houston County in 1867. He received an A.B. degree from the University of Georgia, was admitted to the Bar in 1890, and entered practice in Macon. His public career prior to his term as Attorney General (1911-1914) included service as a Representative from Bibb County (19001906) and as a State Senator (1907-1908).

28
Felder's successor was Warren Grice (1875-1945), a native of -':' Perry, who had a distinguished legal career as a practitioner, teacher, author, and jurist. Judge Grice was educated at Mercer, admitted to the Bar in 1894, and practiced in Hawkinsville and Macon. He was a Representative from Pulaski County from 1900 to 1904, Attorney General (19141915), and a Justice of the Supreme Court (1937-1945). In addition to his public career, he was a professor of law at Atlanta Law School and Mercer University, President of the Georgia Bar Association in 1927. and the author of a treatise on probate law and of many legal articles and historical monographs. He was also a member of the Constitutional Revision Commssion (1943-1945). His son, Benning M. Grice, concluded fifteen years service (19~0-1975) on the Supreme Court as Chief Justice.
Clifford Mitchell Walker (18771954), a life-long resident of Monroe, was Attorney General from 1915 to 1920. Educated at the University of Georgia (A.B., '1897, LL.B., 1898), he was admitted to the Bar in 1898. His practice was primarily in Monroe, although in later years, he had an office in Atlanta. He was Mayor of Monroe (19021904), and Solicitor-General of the Western Judicial Circuit (1909-1912), as well as Governor from 1923 to 1927. Author of a book on criminal law, he also headed the Woodrow Wilson College of Law in Atlanta.

29
Richard Alden Denny (18561929) followed Governor Walker as Attorney General. Born in Maryland, he came to Georgia in 1874 and was admitted to the Bar the following year. Beginning practice in Rome, he remained a resident of that city until his death. He was a member of the Rome City Council, Representative from Floyd County (1886-1887, 18891899), and State Senator (19171918), before his service as the Attorney General (1920-1921).
One of two Attorneys General to die in office (George N. Lester was the other), George Moultrie Napier (1863-1932) was born in Walker County and died in Decatur. He received an A.B. degree from North Georgia Agricultural College in 1882 and, some years after his admission to the Bar (1885), an M.A. degree from the University of Georgia in 1898. As an attorney, he practiced in LaFayette, Monroe, Atlanta, and Decatur, and also held the rank of Colonel in the Judge Ad vocate General's Corps. Napier was Solicitor-General of the Stone Mountain Judicial Circuit (1913-1920) before taking office as Attorney General (1921-1932). He served as President of the ~ational Association of Attorneys General in 1926.

30
Napier's successor was Lawrence Sabyllia Camp (1898- 1947), who served less than a year as Attorney General (19321933). Camp was born in Fairburn, received an LL.B. degree in 1916 from Atlanta Law School, was admitted to the Bar that same year, and thereafter practiced law in Fairburn and Atlanta. He was City Attorney for Fairburn (1918-1928), Campbell County Attorney (1920-1928), Representative from Campbell County (1921-1924), and U.S. Attorney for the Northern District of Georgia (1934-1942), in addition to his service as Attorney General.
Manning Jasper Yeomans (18661939), a one-time school teacher, followed Camp as Attorney General and held office from 1933 to 1939, when he resigned to become Director of the State Hospital Authority. He was educated at the University of Georgia (A.B., 1891) and Vanderbilt University (M.A. 1893). Service as Superintendent of Schools for the City of Dawson (1893-1896) preceded his admission to the Bar in 1896 and commencement of law practice in Dawson. He was also Solicitor of the City Court of Dawson (1898-1910), Representati,,:e from Terrell County (19151917), and Judge of the Superior Courts of the Pa:taula Circuit (1923-1930).

31
The only living former Attorney General is Ellis Gibbs Arnall who held office from 1939 to 1943. Born in Newnan in 1907, he was educated at Mercer University, the University of the South (B.A., 1928), and the University of Georgia (LL.B., 1931). He was admitted to the Bar in 1931 and has thereafter practiced law in Newnan and Atlanta. Latter Governor of Georgia (1943-1947), Arnall was also a Representative from Coweta County and Speaker pro tern. of the House of Representatives (1933-1936), Assistant Attorney General (1937-1939), and Director of the U.S. Office of Price Stabilization (1952). Governor Arnall was a member of the Constitutional Convention of 1943-1945 and is now senior partner of the Atlanta law firm, Arnall, Golden & Gregory.
Thomas Grady Head (1897-1965) succeeded Governor Arnall. Born in Tunnel Hill, he taught school in Whitfield County, studied law at the Chattanooga College of Law (LL.B., 1926), was admitted to the Georgia Bar in 1924, and practiced in Ringgold. He was Mayor of Ringgold, Representative from Catoosa County (1935-1936), Member of the State Revenue Commission (1937-1938), State Revenue Commissioner (19381941), Attorney General (19431945), member of the Constitutional Revision Commission (1943-1945), and Justice and Presiding Justice (from 1960) of the Supreme Court of Georgia (1945-1965).

32
The incumbent Attorney General's immediate predeces- sor was Julian Eugene Cook (1904-1967), whose tenure in the office (1945-1965) was the longest of any Attorney General. Born in Wrightsville, where he later practiced law, he was educated at Mercer University (A.B., 1926, LL.B., 1927), and admitted to the Bar in 1927. He was Solicitor pro tern. (19301931), Solicitor (1932-1936), and Judge (1937-1941) of the City Court of Wrightsville, SolicitorGeneral of the Dublin Circuit (1941-1943), State Revenue Commissioner (1943-1945), and Justice of the Supreme Court of Georgia (1965-1967), in addition to his service as Attorney General. He was also President of the National Association of Attorneys General (1953-1954). Judge Cook died in Atlanta.
The fiftieth man to serve as Attorney General of Georgia is the incumbent, Arthur Key Bolton. Born in Griffin in 1922, he was educated at North Georgia College, the University of Georgia (LL.B., 1943), and the University of Alabama. Although admitted to the Bar in 1943, military service as an infantry captain in World War II, in which he was wounded and personally decorated, intervened and he did not enter practice until 1947 in Griffin. Prior to taking office as Attorney General in 1965, he served as Judge of the Criminal Court of Griffin (1952-1965) and Representative from Spalding County (1949-1965). In June 1977 he received the Wyman Award from the National Association of Attorneys General at their annual meeting. This is the highest award made by the Association to the Attorney General who has rendered outstanding services. Only his predecessor, Eugene Cook, has held the office longer than Arthur Bolton.
This brief summary of the office of the Attorney General and the men who have borne the title has traced the development of the office through its origins and periods of insignificance to one

33
which commands the respect of the legal profession in Georgia. It is a position of great power, and a testament to the integrity of the men who have served is the modesty with which that power has been exercised through the years.