Constitution of the state of Georgia ratified, August 7, 1945, proclaimed, August 13, 1945 [1960]

CONSTITUTION
OF THE
STATE OF GEORGIA
RATIFIED, AUGUST 7, 1945 PROCLAIMED, AUGUST 13, 1945

CONSTITUTION
OF THE
STATE OF GEORGIA
R A T I F I E D , AUGUST 7, 1 9 4 5 P R O C L A I M E D , AUGUST 13, 1 9 4 5

CONSTITUTION OF THE
STATE OF GEORGIA

TABLE OF CONTENTS

Page

LIST O F STATE CONSTITUTIONS ......................

4

ARTICLE

I.-Bill of Rights 10-14 ...........................

ARTICLE II.--Elective Franchise ..14-16 ......................

ARTICLE 111.-Legislative Department ~ 1 6 - 2 3 ...............

ARTICLE 1V.-Power of General Assembly over Taxation 2 3 - 2 5 ..........................

ARTICLE V..Executive

Department 25-32 ..................

ARTICLE VI.--Judiciary

32-44 .....................................

ARTICLE VI1.-Finance, Taxation and Public Debt 44-68 ..............................

ARTICLE VIII..Education

68-72 ......................................

ARTICLE ARTICLE

1X.-Homesteads and Exemptions........ 72

X..Militia . . . ............................................

72-73

ARTICLE XI.-Counties and Municipal Corporations 73-74 ............................

ARTICLE XI1.-The Laws of General Operations in Force in this State................74-75

ARTICLE XII1.-Amendments t o the Constitution..75.76

ARTICLE X1V.-Merit System 76-77 ................................

ARTICLE XV.-Home Rule .................................... 77

ARTICLE XV1.-Slum Clearance and Redevelopment ........................ 77

CHRONOLOGICAL LIST OF ORGANIC ACTS AND STATE CONSTITUTIONS OF GEORGIA
Charter of the Colony of Georgia, 1732. Grant of George 11, King of Great Britain.
Constitution of 1777. Constitutional Convention, Oct. 1, 1776-Feb. 5, 1777.
Constitution of 1789. Constitutional Convention, Nov. 4-24, 1788; Jan. 4-20, 1789; May 4-6, 1789; May 16, 1795.
Constitution of 1798. Constitutional Convention, May 8-(30?),'1798.
Constitution of 1861. Constitutional Convention, Jan. 16-March 23, 1861.
Constitution of 1865. Constitutional Convention, Oct. 25-Nov. 8, 1865.
Constitution of 1868. Constitutional Convention, Dec. 9, 1867-March 11, 1868.
Constitution of 1877. Constitutional Convention, July 1.1, 1877-August 25, 1877.
Constitution of 1945. Ratified General Election, August 7, 1945; Governor's Proclamation, August 13, 1945.
4

CONSTITUTIONAL AMENDMENTS ADOPTED SINCE RATIFICATION O F CONSTITUTION O F 1945
Amendment to Art. VII, Sec. I, Par. 11, sub-par. 1,so a s t o authorize the General Assembly to provide f o r the payment of one hundred thousand dollars ($100,000.00) f o r bringing in the first commercial oil well in this State.
Amendment t o P a r 4, Sec. 7, of Art. 7 t o include therein county boards of education a s having authority to obtain the loans provided in said paragraph.
RATIFIED NOVEMBER 7, 1950.
Amendment to Par. IV, Sec. IX of Art. VII t o provide f o r the appropriation of funds f o r highway purposes.
Amendment to Art. VII, Sec. I, Par. 11, Subsec. 3, so a s t o change the levy of taxes permitted on property for any one year by the Gen. Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, o r defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( % ) mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the Gen. Assembly f o r the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed a t a rate not exceeding five (5) mills on each dollar of the value thereof.
Amendment to Art. VII, Sec. I, Par. 11, so a s to authorize the Gen. Assembly to provide for scholarships to medical students who agree to practice medicine in the State of Georgia, and to authorize the granting of scholarships to various schools and clinics to Physicians and other professional personnel employed a t the Milledgeville State Hospital.
Amendment to Art. V, Sec. I, Par. XV, providing f o r a period of thirty days after adjournment in which the Governor may approve bills passed by the Gen. Assembly.
Amendment to Art. VII, Sec. 11, Par. I, Subpar. 5, so a s to provide that the Gen. Assembly may exercise the power of taxation for the purpose of making provision f o r the payment of pensions to ex-Confederate soldiers and t o the widows of Confederate soldiers who are unmarried.
Amendment to Par. 4, Sec. 1,Art. VII, authorizing the General Assembly to exempt from taxation intangible personal property owned by a trust forming a p a r t of a pension, profit sharing or stock bonus plan exempt from federal income t a x under Section 165(a) of t h e Federal Internal Revenue Code.

Amendment to Art. VII, Sec. 11, Par. I , by adding a new paragraph so as to extend to the employees of the State and its subdivisions protection accorded others by the Old Age and Survivors Insurance Program embodied under the Federal Social Security Act and the Federal Insurance Contributions Act.
Amendment striking Par. XV of Sec. VII of Art. I11 in its entirety, and inserting in lieu thereof a new paragraph providing f o r notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; to provide f o r the method of changing term of office or abolishing a n office during the term f o r which a person has been elected; and to provide f o r the method of increasing the membership of any municipal o r county governing authority.
Amendment to Art. 13, Sec. 1, Par. 1, providing f o r the submission of amendments to the Constitution t h a t affect only a county o r counties, municipality or municipalities.
RATIFIED NOVEMBER 4, 1952.
Amendment to the Constitution so a s to authorize the General Assembly to provide f o r self-government of municipalities.
Amendment to Article 111, Section IV, Paragraphs I and I11 of the Constitution so a s to provide f o r annual sessions of t h e General Assembly not to exceed forty (40) days.
Amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia providing for the exemption of all property owned by religious groups f o r residential purposes and from which no income is derived.
Amendment t o Article VIII of the Constitution adding a new section relating to education.
Amendment to Article VII, Section 11, of the 1945 Constitution of Georgia, so a s to provide that taxation may be exercised for the purpose of paying pensions under a firemen's pension system.
Amendment to the Constitution of the State of Georgia by adding a new Article to be designated Article XVI, Slum Clearance and Redevelopment.
Amendment to the Constitution so a s to provide for a procedure by which a county may remove o r increase the limitation of the t a x levy for education.
RATIFIED NOVEMBER 2, 1954.
Amendment t o Article VI, Section I1 of the Constitution of Georgia so a s to confer upon the Supreme Court and Court of Appeals Jurisdiction to review by writ of error all final judgments and adjudication rendered by Juvenile Courts.
Amendment to the Constitution so a s t o change t h e method of amending the Constitution.
6

Amendment to Article VI, Section I of the Constitution, authorizing the General Assembly to create traffic courts in and for certain cities.
Amendment to the Constitution so as to authorize the General Assembly to consider business pending a t the adjournment of any regular session a t any later regular session.
Amendment to Article 111, Section XI, Paragraph I of the Constitution, changing certain wording.
Amendment to Article VI, Section XIII, of the Constitution of Georgia, providing that Chief Justice Emeritus and Justices Emeritus of the Supreme Court and Judges Emeritus of the Superior Courts shall be eligible to preside over their respective courts.
Amendment to Article VI, Section 111, Paragraph I of the Constitution fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit.
Amendment to the Constitution so a s to provide for the payment of $250,000.00 in connection with the bringing in of the first commercial oil well in this State.
RATIFIED NOVEMBER 20, 1956.
Amendment to Article VII, Section I, Paragraph IV of the Constitution so as to provide for homestead exemption for certain disabled veterans. Amendment to Article VII, Section I, Paragraph 11 of the Constitution so a s to provide the Board of Regents of the University System of Georgia with the authority to grant scholarships to qualified students lacking funds to pursue their education.
Amendment to Article VII, Section I, Paragraph I1 of the Constitution so as to authorize State departments and State agencies to disburse State funds to match Federal funds in order to provide qualified employees with graduate or post-graduate educational scholarships, and for use in other Federal Educatinn Programs.
Amendment to Article VII, Section I, Paragraph fT of the Constitution so a s to authorize the State Board of Education to grant scholarships to citizens of Georgia to study to become teachers.
Amendment to Article VI, Section XIII, Paragraph I1 of the Constitution so a s to provide that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts.
RATIFIED NOVEMBER 4, 1958.

Amendment to the Constitution to provide f o r t h e appropriation of motor fuel taxes for highway construction and maintenance purposes in order to provide a n adequate system of through highways, rural and post roads and bridges in this State.
Amendment to Article VII, Section VI, Paragraph I ( a ) of the Constitution to establish and clarify provisions f o r payment of contract obligations authorized by the State Constitution.
Amendment to the Constitution so a s to authorize the General Assembly to provide by law f o r the granting of State funds to municipalities.
Amendment to the Constitution so a s to change the provisions relating to the millage limitation for the tax levy for education.
Amendment to the Constitution so a s to provide that the General Assembly shall have the power to establish an Industrial Development Commission to make loans available to industrial development agencies to aid them in acquiring and constructing industrial and manufacturing plants and facilities within the State; and to provide that the General Assembly shall have the power to tax to carry out and implement the purposes of the Commission.
Amendment to the Constitution so a s to provide for the promotion of agricultural products.
Amendment to the Constitution so a s to provide for the payment for taking or damaging private property for public road and street purposes.
Amendment to the Constitution so a s to empower the General Assembly to authorize counties to use public funds for school lunch purposes.
Amendment to the Constitution so a s to provide for repayment of
medical loans and scholarshi-ps by- service a t Rlilled-aeville State
Hospital.
Amendment to provide f o r the granting of scholarships t o physicians and other personnel f o r specialized training i n the field of mental health.
Amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools.
Amendment to the Constitution so a s to authorize counties to purchase liability insurance.
Amendment to t h e Constitution so a s to authorize the creation of a Brunswick Ports Authority.
Amendment to the Constitution so a s to provide for the discipline, including courts-martial and non-judicial punishment, procedures and rules of evidence therefor, f o r members of the Militia when not in Federal service.
R A T I F I E D NOVEMBER 8, 1960.
8

Governor's No. 34 House Resolution No. 11
A RESOLUTION
Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1877 and all amendments thereof, by striking in their entirety Article I (Bill of Rights), Article I1 (Elective Franchise), Article I11 (Legislative Department), Article IV (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XI1 (The Laws of General Operation in Force in This State), Article XI11 (Amendments to the Constitution), and by inserting in lieu thereof, a f t e r the Preamble of the Constitution of the State of Georgia of 1877, new Articles a s follows: Article I (Bill of Rights), Article I1 (Elective Franchise), Article I11 (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IV (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Municipal Corporations), Article XI1 (The Laws of General Operation in Force in This State), Article XI11 (Amendments to the Constitution), Article XIV (Merit System), and Article XV (Home Rule): and to provide f o r the submission of the Amendment so proposed a s one Amendment t o the qualified voters of the State of Georgia for ratification or rejection a t the General Election to be held in August, 1945.
WHEREAS, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation.
NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY O F GEORGIA:
Section One
T h a t the Constitution of t h e State of Georgia of 1877 and all Amendments thereof appearing after the Preamble, be and it is, hereby proposed to be amended a s one single amendment by striking therefrom in their entirety Article I (Bill of Rights), Article I1 (Elective Franchise), Article I11 (Legislative Department), Article IV (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XI1 (The Laws of General Operation in Force in This State), Article XI11 (Amendments to the Constitution), and inserting in lieu thereof new Articles Numbers I through XV inclusive, so t h a t when so amended, the Constitution of the State of Georgia of 1877 shall read, beginning with t h e Preamble, a s follows:
9

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 I.
BILL OF RIGHTS
SECTIONI.
Paragraph I. Origin and foundation of government. All government, of right, originates with t h e people, is founded upon their will only, and is instituted solely f o r the good of the whole. Public officers a r e the trustees and servants of the people, and a t all times, amenable to them.
Paragraph 11. Protection the duty of government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph 111. Life, liberty, and property. No person shall be deprived of life, liberty, or property, except by due process of law.
Paragraph IV. Right to the courts. No person shall be deprived of the right to prosecute or defend his own cause in any of t h e courts of this State, in person, by attorney, o r both.
Paragraph V. Benefit of counsel; accusation; list of witnesses; compulsory process; trial by jury. Every person charged with a n 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 a n impartial jury.
Paragraph VI. Crimination of self not compelled. No person shall be compelled to give testimony tending in any manner to criminate himself.

Art. 1, Sec. 1, Par. 7
Paragraph VII. Banishment and whipping as punishment for crime. Neither banishment beyond the limits of the State, nor whipping, a s a punishment for crime, shall be allowed.
Paragraph VIII. Jeopardy of life or liberty more than once forbidden. No person shall be put in jeopardy of life, or liberty, more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial.
Paragraph IX. 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.
Paragraph X. Costs. No person shall be compelled to pay costs except after conviction on final trial.
ph XI. Habeas Corpus. The writ of Habeas Corpus shall n?b'ea#pended.
Paragraph XII. Freedom of conscience. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience.
Paragraph XIII. Religious opinions; liberty of conscience. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.
Paragraph XIV. Appropriations to churches, sects, etc., forbidden. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.
Paragraph XV. Liberty of speech or of the press guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.
Paragraph XVI. Searches, seizures, and warrants. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no 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 XVII. Slavery and 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.
11

Art. 1. Sec. 1. Par. 18
Paragraph XVIII. Status of the citizen. The social status of the citizen shall never be the subject of legislation.
Paragraph XIX. Civil authority superior to military. The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, i n such manner a s may be provided by law.
Paragraph XX. Contempts. The power of the Courts to punish f o r contempt shall be limited by legislative acts.
Paragraph XXI. Imprisonment for debt. There shall be no imprisonment for debt.
Paragraph XXII. Arms, right to keep and bear. The right of the people to keep and bear arms, shall not beinfringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph XXIII. Legislative, judicial, and executive powers, seperate. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shalI, a t the same time, exercise the functions of either of the others, except a s herein provided.
Paragraph XXIV. 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 f o r redress of grievances by petition or remonstrance.
Paragraph XXV. Citizens, protection of. All citizens of the United States, resident in this State, a r e hereby declared citizens of this State, and i t shall be the duty of t h e General Assembly to enact such laws a s will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.
Paragraph I. Libel; jury in criminal cases; new trials. In all prosecutions or indictments f o r libel the t r u t h 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 t h e judges to g r a n t new trials, in case of conviction, is preserved.
Paragraph 11. 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 111. Conviction, effect of. No conviction shall work corruption of blood, or forfeiture of estate.
12

Art. 1, Sec. 2, Par. 4
Paragraph IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.
Paragraph V. Lobbying; penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.
Paragraph VI. Fraud; concealment of property. The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.
SECTION111.
Paragraph I. Private ways; just conlpensation. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined a s 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 11. Attainder; ex post facto and retroactive laws, etc. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.
Paragraph 111. Revocation of tax exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.
SECTIONIV.
Paragraph I. General laws; uniform operation; how varied. Laws of a general nature shall have uniform operation throughout the State, and no 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 11. 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.
13

Art. 1, Sec. 5, Par. 1
Paragraph I. State rights. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Cpnstitution whenever i t may be necessary to their safety and happiness.
Paragraph 11. Enumeration of rights not denial of others. The enumeration of rights herein contained a s a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
SECTIOVNI.
Paragraph I. Tidewater titles: confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed.
ARTICLE 11.
ELECTIVFERANCHISE
SECTIONI.
Paragraph I. Elections by ballot; registration of voters. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law.
Paragraph 11. Who shall be a n elector entitled to register and vote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote a t any election by the people: Provided, that no soldier, sailor or marine in the military or naval services of the United States shall acquire the rights of a n elector by reason of being stationed on duty in this State.
Paragraph 111. Who entitled to register and vote. To entitle a person to register and vote a t any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election.
Paragraph IV. Qualifications of electors. Every citizen of this State shall be entitled to register a s an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section I1 of Article I1 of this Constitution, and who possesses the qualifications prescribed in Paragraphs I1 and I11 of this Section or who will possess them a t the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph.
14

Art. 2, Sec. 1, Par. 4
1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or,
2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any one of the registrars.
Paragraph V. Appeal from decision of registrars. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph IV shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of, and shall be returned by the registrars to the office of the clerlr of the superior court to be tried as other appeals.
Paragraph VI. Judgment of force pending appeal. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.
Paragraph I. Registration of electors; who disfranchised. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this state, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons.
Paragraph I. Privilege of electors from arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.
SECTIONIV.
Paragraph I. Holder of public funds. No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury;
15

Art. 2, Sec. 5, Par. 1
Paragraph I. Sale of liquors on election days. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same.
SECTIONVI. Paragraph I. Returns made to whom. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.
ARTICLE 111.
Paragraph I. Power vested in General Assembly. The legislative power of the State shall be vested in a Genera! Assembly which shall consist of a Senate and House of Representatlves.
Paragraph I. Number of senators and senatorial districts. The Senate shall consist of not more than fifty-four members and there shall be not more than fifty-four Senatorial Districts with one Senator from each District a s now constituted, or a s hereafter created. The various Senatorial Districts shall be comprised of the counties as now provided, and the General Assembly shall have authority to create, rearrange and change these Districts within the limitations herein stated.
Paragraph I. Number of representatives. The House of Representatives shall consist of representatives apportioned among the several counties of the State a s follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representatives each; and to the remaining counties, one representative each.
Paragraph 11. Apportionment changed, how. The above apportionment shall be changed by the General Assembly a t its first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section I11 of this article.
16

Art. 3, Sec. 4, Par. 1
SECTIONIV.
Paragraph I. Term of members. The members of the General Assembly shall be elected for two years and shall serve until the time fixed by law f o r the convening of the General Assembly in the year following the second year of such members term of office.
Paragraph 11. Election, when. The f i r s t election f o r members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1946, and subsequent elections biennially, on t h a t day, until t h e day of election is changed by law.
Paragraph 111. Meeting; time limit; adjournment. The General Assembly shall meet in regular session on the second Monday in January, 1955, and annually thereafter on the same day until the date shall be changed by law. By concurrent resolution adopted by a majority of members elected to both houses, the General Assembly may adjourn any regular session to such later date a s it may f i x for reconvening in regular session, but shall remain in regular session no longer than forty (40) days, in the aggregate, in each year during the term for which the members were elected. All business pending in the Senate or House a t the adjournment of a n y regular session may be considered a t any later regular session of the same General Assembly, a s if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene t h e General Assembly in extraordinary session upon t h e certificate of three-fifths of t h e members elected to the Senate and t h e House of Representatives, a s provided in Article V, Section I, P a r a g r a p h XI1 of this Constitution. If a n empeachment trial is pending a t the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed.
Paragraph IV. Quorum. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, a s each house may provide.
Paragraph V. Oath of members. E a c h Senator and Representative, before taking his seat, shall take the following oath, or affirmation, to wit: "I will support t h e Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, a s will, in my judgment, be most conducive to the interests and prosperity of this State."
Paragraph VI. Eligibility; appointments forbidden. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, o r either of them except Justices of the Peace and officers of the militia, nor a n y defaulter f o r public money, o r f o r a n y legal taxes required of him shall have a seat in either house; nor shall
17

Art. 3, Sec. 4, Par. 6
any Senator, or Representative, after his qualification a s such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, 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, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term.
Paragraph VII. Removal from district or county, effect of. The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected.
Paragraph I. Qualifications of Senators. The Senators shall be citizens of the United States, who have attained the age of twentyfive years, and who shall have been citizens of this State for four years, and for one year residents of the district from which elected.
Paragraph 11. President. The presiding officer of the Senate shall k e styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power.
Paragraph 111. Impeachments. The Senate shall have the sole power to try impeachments.
Paragraph IV. Trial of impeachments. When sitting for that purpose, the members shall be on oath, or affirmation, and shall be presided over by the Chief Justice or the Presiding Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the members present.
Paragraph V. Judgments in impeachments. Judgments, in cases of impeachment, 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 the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.
SECTIONVI.
Paragraph I. Qualifications of Representatives. The Representatives shall be citizens of the United States who have attained the age of twenty-one years and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected.

Art. 3, Sec. 6, Par. 2
Paragraph 11. Speaker. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body.
Paragraph 111. Power to impeach. The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office.
SECTIONVII.
Paragraph I. Election, returns, etc.; disorderly conduct. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs.
Paragraph 11. Contempts, how punished. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.
Paragraph 111. Privilege of members. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House.
Paragraph IV. Journals and Acts. Each House shall keep a journal of its proceedings, and publish i t immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session.
Paragraph V. Where journals kept. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
Paragraph VI. Yeas and nays, when taken. The yeas and nays on any question shall, a t the desire of one-fifth of the members present, be entered on the Journal.
Paragraph VII. Bills to be read. Every bill, before i t shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed.
Paragraph VIII. One subject matter 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.
19

Art. 3, Sec. 7, Par. 9
Paragraph IX. General appropriation bill. The General appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interesb of the State. All other appropriations shall be made by separate bills, each embracing but one subject.
Paragraph X. Bills for revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.
Paragraph XI. Public money, how drawn. No money shall be drawn from the Treasury except by appropriation made by law.
Paragraph XII. Bills appropriating money. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded.
Paragraph XIII. Acts signed; rejected bills. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
Paragraph XIV. Majority of members to pass bill. No bill shall become a law unless i t shall receive a majority of the votes of all the members elected to each House of the General Assembly, and i t shall, in every instance, so appear on the Journal.
Paragraph XV. Notice of intention to ask local legislation necessary. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published a s provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. When any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide.
20

Art. 3, Sec. 7, Par. 16
Paragraph XVI. Statutes and sections of code, how amended. No law, or section of the code, shall be amended or repealed by mere reference to its title, or to the 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.
Paragraph XVII. Corporate powers, how granted. The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by l a w t h e manner in which such powers shall be exercised by the courts; i t may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by t h e Secretary of State in such manner a s shall be prescribed by law; and if in a n y event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by w h a t person such charter shall be granted.
Paragraph XVIII. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed i n the custody of the proper officers.
Paragraph XIX. Yeas and nays to be entered, when. Whenever t h e Constitution requires a vote of two-thirds of either o r both houses f o r the passage of a n a c t or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
Paragraph XX. Powers of the General Assembly. The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
Paragraph XXI. Signature of Governor. No provision in this Constitution f o r a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity f o r the signature of the Governor a s in a n y other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendment, and in case of prolongation of a session of t h e General ASsembly.
Paragraph XXII. Adjournments. Neither House shall adjourn for more than three days, o r to a n y 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, o r both of them.

Art. 3, Sec. 7, Par. 23
Paragraph XXIII. Zoning and planning laws. The General Assembly of the State shall have authority to grant the governing authorities of the municipalities and counties authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvements on real estate therein.
Paragraph XXIV. Civil service-equal preference to veterans. Neither the State of Georgia, nor any political subdivision thereof, shall inaugurate or maintain any civil service scheme of any nature whatever which fails to provide for honorably discharged veterans of any war, and the said State of Georgia, or any political subdivision shall, if a civil service scheme is originated or is already in force, provide equal preferences accorded to such veterans a s now exist under Federal Civil Service Laws.
Paragraph XXV. Street Railways. The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities.
SECTIONVIII.
Paragraph I. Officers of the two Houses. The officers of the two Houses, other than the President of the Senate and the Speaker of the House, shall be a President Pro Tempore and Secretary of the Senate and Speaker Pro Tempore and Clerk of the House of Representatives and such assistants as each House may provide for.
Paragraph I. Compensation, expense and mileage. The per diem of members of the General Assembly shall be $10.00 per day plus the additional sum of $5.00 per day for maintenance expense; and the mileage shall not exceed 10 cents for each mile traveled by the nearest practical route in going to and returning from the Capitol; but the President Pro Tem of the Senate, when serving a s presiding officer thereof, and the Speaker of the House of Representatives, shall each receive $15.00 per day a s per diem plus the additional sum of $5.00 per day for maintenance expense.
Paragraph I. Viva voce vote; place of meeting. All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the result.

Art. 3, Sec. 11, Par. 1
SECTIONXI.
Paragraph I. Salaries of elective officials; how changed. The General Assembly may, a t any time, by a majority vote of both branches prescribe other and different salaries for all the elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution.
ARTICLE IV.
Paragraph I. Public utility 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 i t 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 a s are or may be owned or operated by any county or municipality of this State; except a s provided in this Constitution.
Paragraph 11. 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 a s 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.
Paragraph I. Right of eminent domain. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use.
Paragraph 11. Police power. The exercise of the police power of the State shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general well being of the State.
23

Art. 4, Sec. 3, Par. 1
Paragraph I. Charters revived or amended subject to Constitution. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter o r amend the same, nor pass a n y other general o r special law, f o r the benefit of said corporation, except upon the condition that such corporation shall therea f t e r hold its charter subject to t h e provisions of the Constitution; and every amendment of a n y charter of a n y 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 t h e provision of this Constitution.
SECTIONIV.
Paragraph I. Contracts to defeat competition. A11 contracts and agreements which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement.
Paragraph 11. General Assembly to enforce Article. The General Assembly shall enforce the provisions of this Article by appropriate legislation.
Paragraph 111. Public Service Commission a s constitutional officers. There shall be a Public Service Commission f o r the renulation of utilitiis, vested with the jurisdiction, powers and duties-now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be selected by the members of the Commission from its membership. The first Commission under this amendment shall consist of the Commissioners in office a t the time of the adoption of this constitutional amendment and they shall serve until December 31 a f t e r t h e general election a t which the successor of each member is elected. Thereafter all succeeding terms of members shall be f o r six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman shall be such a s a r e now o r may hereafter be provided by t h e General Assembly.
P a r a g r a p h I. Wife's separate estate. All property of the wife a t the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable f o r the debts of her husband.
SECTIONVI.
Paragraph I. Nonresident insurance companies. All life insur-
24

Art. 4, Sec. 6 , Par. 1

--

--

ante companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show t h a t they have deposited with the Comptroller General of t h e State in which they a r e chartered, o r of this State, the Insurance Commissioner, or such other officer a s may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, a s a guarantee fund f o r the security of policy-holders.
Paragraph 11. License by Comptroller General. When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law.
Paragraph 111. Resident insurance companies; guarantee fund. All life insurance companies chartered by the State of Georgia, o r which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, o r with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities a s may be deemed by him equivalent to cash, to be subject to his order, a s a guarantee fund f o r the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department a t a n y time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company.
Paragraph IV. General Assembly t o enact laws f o r people's protection, etc. The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Treasurer of this State, to secure the people against loss by the operations of said companies.
Paragraph V. Reports b y insurance companies. The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same a t their own expense, for the information and protection of the people.

ARTICLE V.

SECTIONI. Paragraph I. Governor; Term of Office; Salary, etc. The execu-
25

Art. 5, Sec. 1, Par. 1
tive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving a t the time of the adoption of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until a f t e r the expiration of f o u r years from the conclusion of his term of office. He shall have a salary of seven thousand five hundred dollars per annum until J a n u a r y 1, 1947. The salary of the Governor f o r each year thereafter shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority vote of both branches of the General Assembly, which shall not be increased or diminished during the period f o r which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from a n y foreign power. The State officers, required by this constitution to be elected a t the same time, f o r the same term, and in the same manner a s the Governor shall also hold office for four years.
Paragraph 11. Election f o r Governor. The f i r s t election f o r Governor, under this Constitution, shall be held on Tuesday a f t e r the f i r s t Monday in November of 1946, and the Governor-elect shall be installed in office a t the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held a t the places of holding general elections in the several counties of this State, in the manner prescribed f o r the election of members of the General Assembly, and the electors shall be the same.
Paragraph 111. Returns of elections. The returns f o r every election of Governor shall be sealed u p by the managers, separately from other returns, and directed to the President of Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate t o the House of Representatives.
Paragraph IV. How returns published. The members of each branch of the General Assembly shall convene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this S t a t e ; but, if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election a t the time appointed for the General Assembly to elect, the General Assembly shall immediately, elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice.
Paragraph V. Contested elections. Contested elections shall be
26

Art. 5, Sec. 1, P a r . 5
determined by both houses of t h e General Assembly in such manner a s shall be prescribed by law.
Paragraph VI. Qualifications of Governor. No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years.
Paragraph VII. Lieutenant Governor. Succession to executive power. There shall be a Lieutenant Governor, who shall be elected a t the same time, for the same term, and in the same manner a s the Governor. He shall be President of the Senate, and shall receive the sum of $2,000.00 per annum. I n case of the death, resignation, o r disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election f o r members of the General Assembly, a t which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, o r disability shall occur within thirty days of the next general election, o r if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate f o r the unexpired term of the Governor, he shall thereby resign his office a s Lieutenant Governor, effective upon the qualification of the Governor elected f o r the unexpired term, and his successor f o r the unexpired term shall be elected a t such election. I n case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability o r the election and qualification of a Governor a t a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected a t the general election in 1946 and shall qualify a t the same time a s the Governor. Until t h e qualification of a Lieutenant Governor the provisions of Article V, Section I, P a r a g r a p h VIII of the Constitution of Georgia of 1877 shall remain of full force and effect.
Paragraph VIII. Unexpired terms, filling of. The General Assembly shall have power to provide by law, for filling unexpired terms by special elections, except a s provided in this Constitution.
Paragraph IX. Oath of office. The Governor shall, before he enters on the duties of his office, tak.e the following oath or affirmation: "I do solemnly swear (or affirm, a s the case may be) t h a t I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of t h e United States of America."
Paragraph X. Commander-in-Chief. The Governor shall be commander-in-chief of t h e a r m y and navy of this State, and of the militia thereof.

Art. 5, Sec. 1, Par. 11
P a r a g r a p h XI. Reprieves and pardons; State Board of Pardons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, a f t e r conviction, f o r offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have a n opportunity of hearing the application of the convicted person f o r any relief within the power of such Board, o r f o r a n y other purpose which may be deemed necessary by the Governor. Upon conviction f o r treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly a t the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, a t each session of the General Assembly, communicate to t h a t body each case of suspension of sentence, stating the name of the convict, the offense f o r which he was convicted, the sentence and its date, the date of the reprieve o r suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made a t times when the Senate is not in session shall be effective ad interim. The first members shall be appointed f o r terms of three, five and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of a n unexpired term. The Governor shall not be a member of the State Board of Pardons and Paroles. The members of the State Board of Pardons and Paroles shall each receive a n annual salary of $5,000.00, payable monthly. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any p a r t of a sentence for any offense against the State, after conviction except in cases of t r e a s o ~ ior impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided t h a t such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. Except if a n y member f o r any cause is unable to serve in any case involving capital punishment, the Governor shall act as the third member of said Board and the action so taken in such instance shaIl be by unanimous vote. The State Board of Pardons and Paroles shall a t each session of the General Assembly communicate to t h a t body in full detail each case of pardon, parole, commutation, removal of disabilities o r remission of sentences granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities o r remission of sentence and the reasons f o r granting the same, and the State Board of Pardons and Paroles may make rules and regulations a s may be authorized by law. The f i r s t Board of Pardons and Paroles under this provision may be those in office under a n act of the General Assembly creating such a Board existing a t the time of the adoption of this amendment, which, if so existing shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of this amendment, and which Board shall
28

Art. 5, Sec. 1, Par. 11
have all the rights, privileges, powers, and duties the same a s if it was so subsequently created, and the terms of members of such Board shall date from the time specified in the existing Act of t h e General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment.
Paragraph XII. Writs of election; called sessions of the General Assembly. The Governor shall issue writs of election to fill all vacancies t h a t may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information of the State of the Commonwealth, and recommend to their consideration such measures a s he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted a t called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them; Providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless a t the expiration of said period there shall be pending a n impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain i n session until such trial shall have been completed.
Provided, however, t h a t when three-fifths of t h e members elected t o the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia t h a t in their opinion a n emergency exists in the affairs of the State of Georgia, i t shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly a s aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, a s if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless a t the expiration of said period, there shall be pending a n impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain i n session until such trial shall have been completed.
The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session a s is now or may be hereafter provided.
Paragraph XIII. Filling vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.
Paragraph XIV. Appointments rejected. A person once rejected
29

Art. 5, Sec. 1, Par. 14
by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter.
Paragraph XV. Governor's veto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each house may pass a law notwithstanding his dissent; and if any bills should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within t h a t time, the same shall not become a law. He may approve any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House.
Paragraph XVI. Governor to appmve resolutions, etc. Every vote, resolution, o r order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of a n y proposal made by t h e General Assembly t o amend this Constitution.
Paragraph XVII. Information from officers and employees ; suspension of officers. The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law f o r the suspension of a n y Constitutional officer o r department head from the discharge of the duties of his office, and also f o r the appointment of a suitable person to discharge the duties of the same.
Paragraph I. Executive Officers, How Elected. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected by the persons qualified to vote f o r members of the General Assembly a t the same time, and in the same manner a s the Governor. The provisions of the Constitution a s to the transmission of the returns of the election, counting the votes, declaring the results, deciding when there is no election, and when there is a contested election, applicable to the election of Governor, shall apply to the election of the above named executive officers; they shall be commissioned by the Governor and hold their offices for the same time a s the Governor.

Art. 5. Sec. 2. Par. 2
Paragraph 11. Duties, Authority, and Salaries of Other Executive Officers. The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers, and to provide help and expenses necessary f o r the operation of the department of each.
Paragraph 111. Profit From Use of Public Money. No State official shall be allowed, directly o r indirectly, to receive any fee, interest or reward from any person, bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties.
Paragraph IV. Qualifications. No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, unless he shall have been a citizen of the United States f o r ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. A11 of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties.
Paragraph V. Fees and Perquisites Denied. No State official named in Paragraph I of this Section shall be allowed any fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business for the State.
Paragraph I. Great seal; what constitutes; custody; when affixed to instruments. The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to a n y instrument of writing except by order of the Governor or General Assembly, and t h a t now in use shall be the g r e a t seal of the State until otherwise provided by law.
SECTIONIV.
Paragraph I. Game and Fish Commission. There is hereby created a State Game and Fish Commission. Said Commission shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden. The f i r s t members of the Commission shall consist of those in office a t the time this Constitution is adopted, with terms provided by law. Thereafter, all succeeding appoilitments shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term. All members of the Commission shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate f o r confirmation a t the next session of the General Assembly a f t e r the making of the appointment.
31

Art. 5, Sec. 4, Par. 1
The Commission shall have such powers, authority, duties, and shall receive such compensation and expenses a s may be delegated or provided for by the General Assembly.
Paragraph I. State Board of Corrections; How Composed; Director. There shall be a State Board of Corrections composed of five members in charge of the State Penal System. The Board shall have such jurisdiction, powers, duties and control of the State Penal System and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the consent of the Senate. The f i r s t appointment shall be f o r terms of one, two, three, f o u r and five years and their successors shall be appointed f o r terms of five years each. The compensation of the Director and members of the Board shall be fixed by law.
SECTIONVI.
Paragraph I. Veterans Service Board; How Composed; Director. There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service a s shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some w a r in which the XJnited States has engaged.
The f i r s t appointments shall be f o r terms of one, two, three, four, five, six and seven years. Thereafter all terms and appointments, except in case of vacancy, shall be f o r seven years. Vacancies shall be filled by appointment of t h e Governor.
ARTICLE VI.
P a r a g r a p h I. Courts Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Notaries Public who a r e ex-officio Justices of the Peace, and such other Courts a s have been or may be established by law.

Art. 6 , Sec. 1, Par. 2

-

Paragraph 11. The General Assembly may, in its discretion, create a new court o r system of courts in and f o r each city having a population of more than 300,000 according to the last o r a n y f u t u r e Federal decennial census, conferring upon such new court or system of courts jurisdiction to issue warrants, t r y cases and impose sentences thereon in all misdemeanor cases arising under a n y law of the State regulating the ownership or operation of motor vehicles within its territorial jurisdiction, together with provisions a s to rules, organization and procedure in such courts and a s to new trials and the correction of errors in and by such courts, and with such f u r t h e r provision f o r the correction of errors by the Superior Court o r the Court of Appeals o r t h e Supreme Court, a s t h e General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to t h e rules of uniformity in P a r a g r a p h I, Section IX of Article VI of the Constitution of 1945. The General Assembly is authorized to delegate to t h e governing authorities of a n y such municipality a n y and all powers necessary and appropriate for the establishment, operation and maintenance of such court.

P a r a g r a p h I. Supreme Court Justices; Quorum. The Supreme Court shall consist of seven associate justices, who shall from time to time a s they may deem proper, elect one of their members a s Chief Justice, and one a s Presiding Justice; the office of Chief Justice a s i t has heretofore existed under this Constitution being hereby converted into the office of a n associate justice, with the same right of incumbency and the same succession a s to terms, a s applied to the former office. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when h e is absent o r disqualified. A majority of the court shall constitute a quorum.
Paragraph 11. Court t o Designate Judges to Preside, When; Means for Supreme Court to Prevent Delay in Congested Dockets. When one o r more of the Justices of the Supreme Court a r e disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Courts to preside in said case, provided, t h a t if all the justices a r e disqualified, they o r a majority of them shall, despite their disqualification, select seven judges of the superior court to preside in the cause, but they shall make such selections by lot and in open court from not less than twelve names of such superior court judges.
P a r a g r a p h 111. Terms of Office. The Justices aforesaid shall hold
33

Art. 6, Sec. 2, Par. 3
their offices for six years, and until their successors are qualified. They shall be elected by the people a t the same time and in the same manner a s members of the General Assembly; provided, that the successors to the two incumbents whose terms will expire on December 31, 1946, shall be elected f o r the succeeding terms a t the time of electing members of the General Assembly during t h a t year; successors to the two incumbents whose terms will expire on December 31, 1948, shall be elected in like manner during t h a t year; successors to the two incumbents whose terms will expire on December 31, 1950, shall be elected in like manner during that year and provided further that an additional or seventh Justice shall be immediately appointed by the Governor, his tenure under such appointment to expire on December 31, 1946, and his successor f o r the ensuing regular term of six years to be elected a t the time and in the manner aforesaid a t such general election to be held during t h a t year; and all terms (except unexpired terms) shall be f o r six years. I n case of a n y vacancy which causes a n unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor f o r the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secretary of State, who shall certify t h e results to the Governor, and commission shall issue accordingly.
Paragraph IV. Jurisdiction of Supreme Court. The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, a s existed on August 16, 1916, and such other like courts a s have been or may hereafter be established in other cities, in all cases t h a t involve the construction of t h e Constitution of the State of Georgia o r of the United States, o r of treaties between the United States and foreign governments; in all cases in which the constitutionality of a n y law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals f o r its determination. I t shall also be competent f o r the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals f o r review and determination with the same power and authority a s if the case had been carried by writ of e r r o r to the Supreme Court. Any case carried to the Supreme Court o r to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise t h a n by writ of error, and

Art. 6, Sec. 2, Par. 4
may prescribe conditions a s t o the right of a p a r t y litigant to have his case reviewed by the Supreme Court o r Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to i t by the Court of Appeals because of a n equal division between the judges of t h a t Court when sitting a s a body f o r the determination of cases.
Paragraph V. Cases, how disposed of. The Supreme Court and the Court of Appeals shall dispose of every case a t the term f o r which i t is entered on the court's docket f o r hearing, a s provided by Paragraph VIII of this Article and Section, o r a t the next term. If the plaintiff in error shall not be prepared to prosecute the case a t the term f o r which it is so entered f o r hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty o r to relieve him of a n y liability resulting therefrom.
Paragraph VI. Judgments may be withheld. I n any case the Court may in its discretion withhold its judgment until the next term a f t e r the same is argued.
Paragraph VII. The Supreme Court; how cases to be heard and determined. The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations a s may be prescribed by it.
Paragraph VIII. Court of Appeals. The Court of Appeals shall consist of the Judges provided therefor by law a t the time of the ratification of this amendment, and of such additional Judges a s the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals a f t e r the expiration of the terms of the Judges provided f o r by law a t the time of the ratification of this amendment, except unexpired terms, shall continue six years, and until their successors a r e qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes a n unexpired term, shall be the same a s are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction f o r the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, a s they existed on August 19, 1916, and such other like courts a s have been o r may hereafter be est&blished in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases a s may hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of t h e record shall be transmitted t o the Su-
35

Art. 6, Sec. 2, Par. 8
preme Court, which, after having afforded to the parties a n opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. B u t if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be a s the Supreme Court shall by its rules prescribed, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court a s hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before t h e docket of the term is by order of the Court closed, shall be entered thereon, and when received a t a n y other time, shall be entered on the docket of the next term; and they shall stand f o r hearing a t the term for which they are so entered, under such rules a s the Court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court a s to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court a r e disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, t h e powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except a s otherwise provided in this Constitution or by t h e laws a s to the Court of Appeals a t the time of the ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so f a r a s they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals a s precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except a s may be otherwise provided by the General Assembly. I n the event of a n equal division of judges on a n y case when the Court is sitting a s a body, t h e case shall be immediately transferred to t h e Supreme Court.
P a r a g r a p h IX. The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion f o r new trial having been made, all final judgments, orders, decrees and adjudications, rendered by any juvenile court created or referred to in a n Act of the General Assembly approved February 19, 1951 (Ga. Laws 1951, p. 291), a s amended, and any other juvenile court that may be hereafter established, and, it shall f u r t h e r be the duty of the Solicitor General of the judicial circuit within which juvenile court or courts are located to represent the juvenile court on such appeals. The time f o r filing such bill of exceptions, and the procedure governing same, shall be a s now pro-

Art. 6, Sec. 2, Par. 9
vided by law for appeals, or a s may hereafter be provided by law, but in any case, the juvenile judge may by order grant extensions of time f o r the filing of such bill of exceptions so a s to afford opportunity f o r preparation of a brief o r transcript of evidence, i n cases where such is required.
SUPERIORCOURTS
Paragraph I. Terms, etc., of Superior Court Judges. There shall be a judge of the Superior Courts f o r each judicial circuit, whose t e r m of office shall be f o r f o u r years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one o r more additional judges of t h e superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall f i x the time a t which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment o r election, and shall have authority from time to time to add to the number of such judges i n any judicial circuit; or to reduce the number of judges in a n y judicial circuit; provided t h a t a t all times there shall be a t least one judge in every judicial circuit of this State. Notwithstanding the provision of this Section providing f o r a term of f o u r years f o r Judges of the superior courts and notwithstanding a n y other provision of the Constitution of Georgia, the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit who is elected a t the general election of 1956 shall be f o r eight years from Janua r y 1, 1957 and until his successor is qualified, and the term of each of the Judges of the Superior Court of the Atlanta Judicial Circuit elected in subsequent years shall be eight years and until his successor is qualified.
P a r a g r a p h 11. Elections, when t o be held. The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote f o r members of the General Assembly, a t the general election held for such members, next preceding the expiration of their respective terms.
Paragraph 111. Terms begin, when. The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the f i r s t day of J a n u a r y a f t e r their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the f i r s t d a y of J a n u a r y a f t e r the general election held next a f t e r the expiration of thirty days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
SECTIONIV.
P a r a g r a p h I. Exclusive jurisdiction. The Superior Courts shall

Art. 6, Sec. 4, Par. 1
have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentitary, in cases respecting titles to land, and equity cases.
Paragraph 11. Equity may be merged in common law courts. The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by courts of equity in this State.
Paragraph 111. General jurisdiction. Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided.
Paragraph IV. Appellate jurisdiction. They shall have appellate jurisdiction in all such cases a s may be provided by law.
Paragraph V. Certiorari, mandamus, etc. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers a s are, or may be conferred on them by law.
Paragraph VI. New trials. The Superior, and City Courts may grant new trials on legal grounds.
Paragraph VII. Judgment of the court. The Court shall render judgmeht without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party.
Paragraph VIII. Sessions. The Superior courts shall sit in each county not less than twice in each year, a t such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, a t any time, in vacation, a t chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.
Paragraph IX. Presiding judge disqualified. The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified.
Paragraph I. Judges of superior and city courts may alternate, when. In any county within which there is, or hereafter may be a city Court the Judge of said court, and of the Superior Court may preside in the courts of each other in cases where the judge of either Court is disqualified to preside.
SECTIONVI. Paragraph I. Appeals from Ordinary. The powers of a Court of
38

Art. 6, Sec. 6, Par. 1
Ordinary and of Probate shall be vested in a n Ordinary f o r each county, from whose decision there may be a n appeal, or by consent of parties, without a decision to the Superior Court under regulations prescribed by law.
Paragraph 11. Powers. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters a s may be conferred on them by law.
The court of ordinary shall have jurisdiction to issue warrants, t r y cases, and impose sentences thereon in all misdemeanor cases arising under the Act known a s the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges f o r offense arising under the Act known a s the Georgia State Highway Patrol Act of 1937, and other traffic laws of t h e State within their respective jurisdiction.
Paragraph 111. Term of office. The Ordinary shall hold his office f o r the term of four years and until his successor is elected and qualified.
SECTIONVII.
JUSTICES OF THE PEACE
Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill a n unexpired term, shall be f o r four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts o r system of courts a s the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction a s to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either a s to amount or subject-matter, a s may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and a s to new trials and the correction of errors in and by said courts, and with such further provision f o r the correction of errors by the Superior Court, or Court of Appeals, o r the Supreme Court, a s the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in P a r a g r a p h I of Section I X of Article VI of the Constitution of Georgia: Provided, however, t h a t
39

Art. 6, Sec. 7, Par. 1
the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justices of the peace in a n y county in this State having within its borders a city having a population of over twenty thousand, and a s well in the County of Glynn, and establish in lieu thereof such court o r courts or system of courts a s the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction a s to subject matter now exercised by justice courts and by justices of the peace and notaries public exofficio justices of the peace; together with such additional jurisdiction, either a s to amount o r to subject-matter, a s may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions a s to rules and procedure in such courts and a s to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, o r in lieu of justice courts, a s may be now o r hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in P a r a g r a p h I of Section IX of Article VI of the Constitution of Georgia.
Paragraph 11. Jurisdiction. Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly a t fixed times and places but in all cases there may be a n appeal to a jury in said court, or an appeal to the Superior Court under such regulation a s may be prescribed by law.
P a r a g r a p h 111. Elections and commissions. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction f o r malpractice in off ice.
SECTIONVIII.
Paragraph I. Appointment; number; term; removal. Commissioned notaries public, not to exceed one for each militia district,, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor f o r the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office.

Art. 6, Sec. 9, Par. 1
SECTIONIX.
Paragraph I. Uniformity provided for. Except a s otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts) of the same grade o r class, so f a r a s regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. The uniformity must be established by the General Assembly, and in case of City Courts, may be established by the General Assembly.
Paragraph I. Election; term of office. There shall be a n Attorney General of this State, who shall be elected by the people a t the same time, for the same term and in the same manner a s the Governor.
Paragraph 11. Duties. It shall be the duty of the Attorney General to a c t a s the legal adviser of the Executive Department to represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any Court when required by the Governor and to perform such other services a s shall be required of him by law.
SECTIONXI.
SOLICITORSGENERAL
P a r a g r a p h I. Number; term of office; vacancies. There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the whole State, qualified to vote f o r members of the General Assembly, a t the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the f i r s t day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
Paragraph 11. Duties. It shall be the duty of the Solicitor General to represent the State in all cases in the Superior Courts of his Circuit and in all cases taken u p from the superior courts of his circuit to the Supreme Court, and Court of Appeals and to perform such other services a s shall be required of him by law.
SECTIONXII.
SALARIESOF JUSTICEJSU,DGEASND SOLICITORSGENERAL
P a r a g r a p h I. Salaries of Justices, Judges and Solicitors General.
41

Art. 6, Sec. 12, Par. 1
The Justices of the Supreme Court each shall have out of the treasury of the States salaries of $8,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of $8,000 per annum, the Judges of the Superior Courts each shall have out of the treasury of the State salaries of $6,000 per annum and the Solicitors General shall each have out of the treasury of the State a salary of $250.00 per annum with t h e right of the General Assembly to authorize any county t o supplement t h e salary of a judge of the Superior Court and Solicitor General of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, a t the time of t h e adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly. Provided further, t h a t the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person a s may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the judge of Superior Court of the circuit of which the said County of Richmond is a part, by t h e sum of Two Thousand ($2,000) Dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments a r e declared to be a p a r t of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent .terms, a s well a s to his successors, with the authority in the General Assembly to increase such salary from the County treasury a s above provided.
Paragraph 11. Powers t o abolish o r reinstate fees of Solicitor General. The General Assembly shall have power, a t any time, by a majority vote of each branch, to abolish the fees a t present accruing to the office of solicitor general in any particular judicial circuit, and in lieu thereof to prescribe a salary f o r such office, without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of solicitor general in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the solicitor general was elected.
SECTIOXNIII.
Paragraph I. Age; citizenship; practice of law. No person shall be Justice of the Supreme Court, Court of Appeals, Judge of Superior Courts, or Attorney General, unless, a t the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law f o r seven years; and no person shall be hereafter elected Solicitor General, unless a t the time of his election he shall have attained twenty-five

Art. 6, Sec. 13, Par. 1
years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election.
Paragraph 11. Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service.
SECTIONXIV.
VENUE
Paragraph I. Divorce cases. Divorce cases shall be brought in the county where the defendant resides, if a resident of this state; if the defendant be not a resident of this state, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring a n action for divorce in any county adjacent to said United States Army Post or military reservation.
Paragraph 11. Land titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction.
Paragraph 111. Equity cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suits against joint obligors, co-partners, etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county.
Paragraph V. Suits against maker, endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
Paragraph VI. All other cases. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county.
SECTIONXV.
CHANGEOF VENUE
Paragraph I. Power to change venue. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner a s has been, or shall be, provided by law.
43

Art. 6, Sec. 16, Par. 1
SECTIONXVI.
Paragraph I. Right of trial by jury. The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court.
Paragraph 11. Selection of jurors. The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve a s grand jurors, and intelligent and upright men to serve a s traverse jurors. Nevertheless, the grand jurors shall be competent to serve a s traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe.
Paragraph 111. Compensation of jurors.. It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State.
SECTIONXVII.
Paragraph I. Power to create County Commissioners. The General Assembly shall have power to provide for the creation of county commissioners in such counties a s may require them, and to define their duties.
SECTIONXVIII.
Paragraph I. Power to abolish courts. All courts not specially mentioned by name in the first section of this Article may be abolished in any county a t the discretion of the General Assembly.
Paragraph 11. Supreme Court cost. Pauper oath. The cost in the Supreme Court and Court of Appeals shall not exceed $15.00 until otherwise provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below.
ARTICLE VII.
FINANCET, AXATIONAND PUBLICDEBT
Paragraph I. Taxation, a sovereign right. The right of taxation 1s a sovereign rightinalienable, indestructible-is the life of the

Art. 7, Sec. 1, Par. 1
State, and rightfully belongs to the people in all Republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and a r e hereby, declared to be null and void, f o r every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly.
The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.
Paragraph 11. Taxing power limited.
1. The General Assembly shall not by vote, resolution, o r order g r a n t a n y donation o r gratuity in favor of a n y person, corporation o r association. The General Assembly is authorized to provide by law f a r the payment of two hundred and f i f t y thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce a t least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Said law shall provide f o r the distribution of said amount a s the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide f o r the method of payment by the Governor.
2. The General Assembly shall not g r a n t o r authorize, extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.
3. The levy of taxes on property f o r a n y one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth ( % ) mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States f o r the taxation of national banking associations o r corporations is enacted by the General Assembly f o r the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed a t a r a t e not exceeding five (5) mills on each dollar of the value thereof.
4. No poll t a x shall be levied to exceed one dollar annually upon each poll.
45

Art. 7, Sec. 1, Par. 2
6. T h a t there is hereby created a board to be known a s the State Medical Education Board to consist of five members, one of whom shall be the President of Georgia Medical Association, one of whom shall be the immediate P a s t President of the Georgia Medical Association, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board shall hold office f o r a term of four years beginning on the first day of April, 1953, and every four years thereafter the Governor shall appoint three members f o r a term of four years, and shall appoint the President and the immediate P a s t President of the Georgia Medical Association pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment of the Governor f o r t h e unexpired term.
The members of t h e Board shall serve without pay b u t shall be allowed $7.50 per day expenses and traveling expenses of five cents (5c) per mile f o r attending meetings of the board o r in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the Chairman o r Vice-Chairman of the board, out of a n y funds made available to said board.
The secretary of the board shall be whomsoever is serving a s the secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the board and who shall also keep the books, records and accounts of the board, and whose compensation a s secretary of this board shall not exceed the sum of $2,400.00 per annum payable monthly. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the board, and the same shall be signed by the chairman of the board. The secretary shall also be t h e treasurer of the board and shall keep and account f o r all the funds of the board, and shall execute and file with the board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon t h e faithful performance of his duties and t h a t he shall properly account f o r all funds coming into his hands a s such secretary, the premium on such bond to be paid out of the funds of t h e board. H e shall devote his full time to the duties of his office.
The board may employ clerical assistance a s is required and needed.
The board shall elect a chairman and also a vice-chairman to serve in the absence o r inability of the chairman. The board shall maintain a n office a t the Medical College of Georgia, and shall meet a t the said office or elsewhere a t least once each quarter a t such time a s may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the board shall constitute a quorum f o r the transaction of business, and the board shall keep full, complete and permanent minutes and records of all its proceedings and actions.
It shall be t h e duty of the board t o receive and pass upon, allow or disallow all applications for loans or scholarships made by students who a r e bona fide citizens and residents of the State of Geor-
46

Art. 7, Sec. 1, Par. 2
gia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper, and the said board may prescribe such rules and regulations a s i t deems necessary and proper to carry out the purpose and intention of this bill. The investigation of the applicant shall include an investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition a t such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the applicant's tuition a t such a medical school.
The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education a s herein provided for, upon such terms and conditions to be imposed by the board a s provided for in this bill.
Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other expenses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid a t such time and in such manner a s may be determined by the board. The loans and scholarships herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession a t some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5000 population or less, according to 1950 or any future census, or a t Milledgeville

Art. 7, Sec. 1, Par. 2
State Hospital, and no annual interest on the scholarship loan shall be paid during such practice or service. After the third full year of practice o r services within this State a s herein provided, but not before, the said applicant shall be privileged, entirely a t the discretion of the board heretofore created, to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship.
Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions a s will c a r r y out the full purpose and intent of this act, and the form thereof shall be prepared and approved by t h e Attorney General of this State, and shall be signed by the Chairman of the Board, countersigned by the Secretary, and shall be signed by the applicant. F o r the purposes of this act the disabilities of minority of all applicants granted loans or scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of full lawful age f o r the purpose of entering into the contract hereinabove provided for, and such contract so executed by any applicant is hereby declared to be a valid and binding contract the same a s though the said applicant were of the full age of 21 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract.
It shall be the duty of t h e board to contact and make inquiry of such of the four-year medical colleges and schools a s herein provided as it deems proper, and make such arrangements and enter into such contracts, within the limitations a s to cost as herein provided, for the admission of students granted loans o r scholarships by the board, such contracts to be approved by the attorney general of this state, and the money obligations of such contract a s made by the board with a n y such colleges shall be paid f o r out of funds to be provided by law f o r such purposes, and all students granted loans or scholarships shall attend a medical school with which the board has entered into a contract, or a n y accredited four-year medical school o r college in which said applicant may obtain admission, and which is approved by the board.
The board shall have authority to cancel any contract made between it and a n y applicant f o r loans o r scholarships upon cause deemed sufficient by the board. And the board shall have authority to cancel such contracts which i t may lawfully cancel made with a n y of t h e colleges or schools as herein provided.
All payments of funds f o r loans or scholarships hereunder shall be made by requisition of the board signed by the chairman and the secretary directed to the auditor of public accounts, who shall thereupon issue a w a r r a n t on the treasury of the State of Georgia f o r the amount fixed in the requisition and payable to the person designated thereon, which said w a r r a n t upon presentation shall be paid
48

Art. 7, Sec. 1, Par. 2
by the treasurer out of a n y funds appropriated by t h e Legislature for the purposes provided for under this act.
All funds made available t o t h e board by act of t h e Legislature f o r the purpose of defraying expenses of the board and the salaries of its secretary and employees shall be paid over and received by the treasurer of this board and by him deposited in some solvent bank within the State of Georgia, selected by the board, and such funds may be drawn and expended by check o r w a r r a n t signed by the chairman and attested by the secretary.
The board shall make a biennial report to the LegisIature a t each session thereof of its activities, loans or scholarships granted, names of persons to whom granted and the institution attended by those receiving the same, the location of the applicants who have received their education and become licensed physicians and surgeons within this State a s a result of the said loans and/or scholarships, and where they a r e practicing, and shalI make a full report of all of its expenditures for salaries and expenses incurred hereunder.
It is the purpose and intent of this bill to bring about a n adequate supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools, and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia.
Section 1-A. The Director of the Department of Public Health, with the approval of the State Board of Health, is hereby authorized to extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite to the g r a n t of such scholarship, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or a t some place approved by the authority granting the scholarship, on the basis of one year of service f o r each year of training received. The remedies f o r t h e enforcing of service required shall be the same a s provided for medical grants and scholarships and such other remedies a s may be provided by law.
6. The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain a n education, such scholarships a s are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall include the condition t h a t recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage
49

Art. 7, Sec. 1, Par. 2
in activities for which they were prepared through the scholarships for a period of one year for each $1,000 received. The General Assembly shall appropriate such funds to the Board of Regents of the University System of Georgia a s it sees f i t in order to carry out the purposes of this provision.
I t shall be the duty of the Board of Regents to receive and pass upon, allow or disallow all applications for scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose.
7. State Departments and Agencies of the State Government of Georgia shall have the authority to disburse State funds to match Federal funds in order to provide qualified employees with graduate or post graduate educational scholarships and for use in other Federal Education Programs. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships but shall include the condition that personnel to whom these scholarships are extended must, a s a prerequisite thereto agree to work for the department or agency granting the scholarships for a t least two years for each year spent in study or refund the money received for said scholarships pro rata. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. I t shall be the duty of the various State departments and State agencies to receive and pass upon, allow or disallow all applications for scholarships in accordance with rules and regulations prescribed by them; to contract, increase, decrease, terminate, and otherwise regulate all grants for scholarships; and to manage, operate and control all funds used for this purpose.
8. The State Board of Education shall have the authority t o grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships a s are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for a t least three years in any event.
The General Assembly shall have the authority to appropriate such funds to the State Board of Education as i t deems wise and proper to carry out the purposes of this provision.
I t shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers; to contract, increase, decrease, terminate and otherwise
50

Art. 7, Sec. 1, Par. 2
regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose.
Paragraph 111. Uniformity; classification of property. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects f o r taxation of property shall consist of tangible property and one o r more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods f o r different classes of such property.
Paragraph IV. Exemptions from taxation. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no p a r t of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used a s a college, incorporated academy or other seminary of learning, and also all funds or property held or used a s endowment by such colleges, incorporated academies o r seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning a s a r e open to the general public; provided further, that all endowments to institutions established f o r white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and t h a t of a n y other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held a s merchandise or f o r purposes of sale o r gain; provided the property so exempted be not used f o r the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and f o r the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used f o r the operation of such institution and which is rented, leased or otherwise used f o r the primary purpose of securing a n income thereon; and also provided t h a t such donations of property shall not be predicated upon a n agreement, contract or otherwise that the donor or donors shall receive or retain any p a r t of the net o r gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer t h a n f o r the year next after their production.
51

Art. 7, Sec. 1, Par. 4
All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, County, Municipal and School District ad valorem taxes, i n a n amount not to exceed $300.00 in actual value.
The Homestead of each resident of Georgia actually occupied by the owner a s a residence and homestead, and only so long a s actually occupied by the owner primarily a s such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation f o r State, county and school purposes, except taxes levied by municipalities for school purposes and except t o pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner a s prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.
All cooperative, non-profit, membership corporations organized under the laws of this State f o r the purpose of engaging in rural electrification, a s defined in sub-section 1of Section 3 of the Act approved March 30, 1937, providing f o r their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, state, county, municipal, school district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided f o r shall expire December 31, 1961.
There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if a t least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired o r is held f o r the purpose of enabling the parent company to carry on some p a r t of its established line of business through such subsidiary.
All laws exempting property from taxation, other than the property herein enumerated, shall be void.
The Legislature may exempt from taxation intangible personal property owned by a t r u s t forming a p a r t of a pension, profit sharing or stock bonus plan if such a t r u s t is exempt from federal income t a x under Section 165 ( a ) of the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified.
Each disabled veteran, a s hereinafter defined, who is a citizen and resident of Georgia, is hereby granted a n exemption of $10,000.00
52

Art. 7, Sec. 1, Par. 4
-.

--

on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term "disabled veteran", as used herein, means a disabled American veteran of any 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 is disabled, a s a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or by total blindness, or by the amputation of both legs or both arms.
Paragraph V. Exemptions of certain industries continued. Existing exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing in Act of the General Assembly of 1923, extra session, page 67, ratified November 4, 1924, shall continue of force until the expiration of the term for which granted.

PURPOSESAND METHODOF TAXATION
Paragraph I. Taxation, how and for what purposes exercised. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:
1. For the support of the State Government and the public institutions.
2. For educational purposes.
3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.
4. To suppress insurrection, to repel invasion, and defend the State in time of war.
5. To make provision for the payment of pensions to ex-confederate soldiers and to the widows of Confederate soldiers who are unmarried.
6. To construct and maintain State buildings and a system of State highways, airports, and docks.
7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each
53

Art. 7, Sec. 2, Par. 1
fiscal year under Acts of t h e General Assembly authorized hereunder for such purposes.
Subparagraph 7-A. I n order t o extend to the employees of the State, any department of the State, any State institution o r political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the Old Age and Survivors Insurance Program embodied under the Social Security Act (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited a s the "Social Security Act," a s such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in Sub-chapter A of Chapter 9 of the Federal Internal Revenue Code, a s such Code has been and may from time to time be amended), t h e General Assembly is authorized to enact such legislation a s may be necess a r y to insure the coverage to employees of the State a n y department of the State, a n y State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act a s the same has been o r may be amended and the Federal Insurance Contributions Act a s the same bas been o r may be amended; and a n y provisions of this Constitution notwithstanding the State f o r and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administ r a t o r o r other appropriate official of the United States Government under the provisions of said Social Security Act a s the same has been or may hereafter be amended in the manner as provided therein and a s provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law existing a t the time of the adoption of this provision of the State Constitution together with such further powers and duties a s may be hereafter provided by law.
8. To advertise and proniote t h e agricultural, industrial, historic, recreational and natural resources of the State of Georgia.
9. F o r public health purposes.
Paragraph 1-A. Any other provision of this Constitution t o t h e contrary notwithstanding the General Assembly, may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one o r all of the agricultural products including, but not limited to, livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food and the products of the farms and forests of this State. The General Assembly may provide f o r the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide a means of financing any such promotion by imposing assessments, fees or other charges upon the sale or processing of the affected products and may authorize the acceptance of gifts and donations, and may provide f o r the disposition of any funds arising under any such program without the necessity of such
54

Art. 7, Sec. 2, Par. 1-A
funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by t h e application of the program upon the affected products.
P a r a g r a p h 11. Teacher retirement system-taxation for. The powe r s of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purposes of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created f o r the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder.
Paragraph 111. Revenue t o be paid into general fund. All money collected from taxes, fees and assessments f o r State purposes, a s authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, a s required by this Constitution, for the purposes set out in this Section and for these purposes only.
Paragraph IV. T a x returns of public utilities. The General Assembly may provide f o r a different method and time of returns, assessments, payment and collection of a d valorem taxes, of public utilities, but not a t a greater basis of value o r a t a higher r a t e of taxation than other properties.
Paragraph V. Taxation f o r firemen's pension system. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, f o r 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 f o r the purposes herein authorized.
Paragraph VI. Notwithstanding a n y other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized, but not directed, to provide the purpose or purposes for which such funds may be expended by the municipalities. The General Assembly is hereby authorized to exercise the power of taxation over the entire State in order to carry out the provisions of this Paragraph.
Paragraph VI. The General Assembly shall have the power t o create an Industrial Development Commission to make loans, to be secured by second mortgages, t o such industrial development agencies as the Industrial Development Commission may select: Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the comple-
55

Art. 7, Sec. 2, Par. 6
tion of said project. The powers of taxation may be exercised through the General Assembly in order to implement and carry out the purposes for which said Commission is to be created.
Editorial Note: The legislative resolutions framing the language of the two immediately preceding paragraphs designate each one as paragraph 6.
SECTION111.
STATE DEBT
Paragraph I. Purposes f o r which contracted. No debt shall be contracted by, o r on behalf of the State, except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting the taxes of t h a t year, to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and a n y loan made f o r this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million, five hundred thousand dollars f o r the payment of the public school teachers of the State only. The principal amount borrowed f o r payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of t h e general funds of the State.
Paragraph 11. Bonded debt increased, when. The bonded debt of the State shall never be increased, except to repel invasion, suppress insurrection or defend the State in time of war.
Paragraph 111. F o r m of laws to borrow money. All laws authorizing the borrowing of money by o r on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other.
Paragraph IV. State aid forbidden. The credit of the State shall not be pledged or loaned to a n y individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with, any individual, company, association or corporation.
Paragraph V. Assumption of debts forbidden. The State shall not assume the debt, nor a n y p a r t thereof of any county, municipal corporation o r political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war: Provided, however, t h a t the amendment to the Constitution proposed by the General Assembly and set forth in the Published Acts of the General Assembly of the year 1931 a t page 97, which amendment was ratified on November 8, 1932, and which amendment provided f o r the assumption by the State, of indebtedness of the several counties of the State, a s well a s t h a t of the Coastal Highway District, and the assessments made against the counties of said district f o r t h e construction and paving of the public
66

Art. 7, Sec. 3, Par. 5
roads or highways, including bridges, of the State, under certain conditions and f o r the issuance of certificates of indebtedness f o r such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired.
Paragraph VI. Profit on public money. The receiving, directly or indirectly, by a n y officer of State or county, or member or officer of the General Assembly of a n y interest, profits or perquisites, arising from the use or loan of public funds in his hands o r moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable a s may be prescribed by law, a part of which punishment shall be a disqualification from holding office.
Paragraph VII. Certain bonds not to be paid. The General Assembly shall have no authority to appropriate money either directly o r indirectly, to pay t h e whole, or a n y part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the f i r s t day of May, 1877; nor shall the General Assembly have authority to pay a n y of the obligations created by the State under laws passed during the late w a r between the States, nor a n y of the bonds, notes or obligations made and entered into during the existence of said war, t h e time f o r the payment of which was fixed after the ratification of a t r e a t y of peace between the United States and the Confederate States; nor shall the General Assembly pass a n y law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a p a r t y to a n y suit in a n y court of this State, or of the United States instituted to test the validity of any such bonds, or obligations.
Paragraph VIII. Sale of State's property t o pay bonded debt. The proceeds of the sale of the Western and Atlantic Railroad, and a n y other property owned by the State, whenever the General Assembly may authorize the sale of the whole or a n y p a r t thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long a s the State has a n y existing bonded debt; provided t h a t the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds f o r which said railroad h a s been mortgaged, in preference to all other bonds.
Paragraph IX. State sinking fund. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts a s are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then matured. The amount of such annual levy shall be determined a f t e r consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also i n bonds and securities issued by t h e
57

Art. 7. Sec. 3, Par. 9
Federal Government and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned by the Treasurer of the State, with the approval of the Governor, upon terms to be fixed by such officials and when amply secured by bonds of the State or Federal Government.
SECTIONIV.
TAXATIONBY COUNTIES
Paragraph I. Taxing power of counties. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except:
1. To pay the expenses of administration of the county government.
2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor.
3. For educational purposes upon property located outside of independent school systems, a s provided in Article VIII of this Constitution.
4. To build and repair the public buildings and bridges.
5. To pay the expenses of courts, the maintenance and support of prisoners and to pay sheriffs and coroners and for litigation.
6. To build and maintain a system of county roads.
7. For public health purposes in said county, and for the collection and preservation of records of vital statistics.
8. To pay county police.
9. To support paupers.
10. To pay county agricultural and home demonstration agents. 11. To provide for payment of old age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect, in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder; provided no indebtedness or liability against the county shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder for such purposes.
12. To provide for fire protection of forest lands and for the further conservation of natural resources.
68

Art. 7, Sec. 4, P a r . 1
13. To provide medical or other care, and hospitalization, f o r the indigent sick people of the county.
14. To acquire, improve and maintain airports, public parks, and public libraries.
15. To provide f o r workmen's compensation and retirement or pension funds for officers and employees.
16. To provide reasonable reserves f o r public improvements a s may be fixed by law.
17. For school lunch purposes.
Paragraph 11. Districting of counties. The General Assembly may district the territory of a n y county, outside the limits of incorporated municipalities, f o r t h e purpose of providing systems of waterworks, sewerage, sanitation, and fire protection; and authorize such counties to levy a tax only upon the taxable property in such district f o r the purpose of constructing and maintaining such improvements.
Paragraph I. Taxing power and contributions of counties, cities and political division restricted. The General Assembly shall not authorize a n y county, municipal corporation o r political division of this State, through taxation, contribution or otherwise, to become a stoclrholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.
SECTIONVI.
Paragraph I. Contracts f o r use of public facilities. ( a ) The State, state institutions, a n y city, town, municipality o r county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions o r the residents thereof of a n y facilities o r services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions a s such subdivisions are by law authorized to undertake.
Notwithstanding a n y other provision of any other section of any other article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, o r institution of the State, in addition to such other items a s may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy

Art. 7, Sec. 6, Par. 1
the payments required to be made i n each year under lease contracts now or hereafter entered into pursuant to this Paragraph I(a) by and between such department, agency, or institution of the State and any State authority which has been created and activated a t the time of the effective date of this amendment which said lease contracts constitute security for bonds or any other obligations heretofore or hereafter issued by any such authority. In the event for any reason any such appropriation is not made,, then the fiscal officers of the State a r e hereby authorized and directed to set up on their appropriation accounts in each fiscal year a s an appropriation the resvective amounts reauired bv each such devartment. agency, or institution of the s t a t e to pay"the obligations ialled f o i under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended f o r the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status a s if the General Assembly had included the amount of the appropriation i n a General Appropriations Act.
(b) Any city, town, municipality o r county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality o r country f o r the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality o r county. Nothing in this section shall restrict the pledging of revenues of such facilities by a n y public agency, public corporation o r authority.
(c) Any city, town, municipality o r county of this State, or a n y combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may a s a p a r t of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation o r authority, and provide f o r the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from a n y other sources.
(d) Any two or more counties, or any two or more municipalities, or any county and municipality, or combination thereof may jointly establish area schools, including vocational trade schools. The State
60

Art. 7, Sec. 6, Par. 1
is hereby authorized to expend funds f o r t h e support of such schools a s it does f o r presently established school systems. The political subdivisions establishing such a school shall provide for a joint board to administer any such school, and the State is hereby authorized to contract with such board relative to the expenditure of funds f o r such school. Any such political subdivision is hereby authorized to levy taxes f o r the support of such school regardless of whether i t is located within the territorial limits of such subdivision. Any such political subdivision is hereby authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein f o r the support of such a school. Any such bonded indebtedness shall be incurred pursuant to the provisions of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. The amount of funds which each political subdivision establishing such a school shall pay shall be determined and agreed upon by and between all the political subdivisions involved. I n the event it deems i t necessary, t h e General Assembly is hereby authorized to enact laws pursuant to, but not in conflict with, the provisions of this paragraph.
Paragraph 111. The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of a n y person arising by reason of ownership, maintenance, operation or use of a n y motor vehicle by such county, whether a s a result of a governmental undertaking o r not, and to pay premiums therefor. The governing authority is hereby authorized to levy a t a x f o r such purpose. I n the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity a s a defense and may make only such defenses as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in t h e trial of a n y action brought against t h e county to suggest the existence of a n y insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If t h e verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy.
SECTIONV I I .
LIMITATIONON COUNTYAND MUNICIPALDEBTS
Paragraph I. Debts of counties and cities. The debt hereafter incurred by a n y county, municipal corporation o r political division of this State except a s in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply

Art. 7, Sec. 7, Par. 1
casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in a n election for that purpose to be held a s prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions a r e hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations o r other political divisions made prior to January 1, 1945, shall not be affected hereby; provided, t h a t a n y county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where t h e funds so used f o r the purposes specified a r e to be repaid within a period of ten years.
P a r a g r a p h 11. Levy of taxes t o pay bonds. Any county, municipal corporation or political division of this State which shall incur a n y bonded indebtedness under the provisions of this Constitution, shall a t or before the time of so doing, provide f o r the assessment and collection of a n annual t a x sufficient in amount to pay the principal and interest of said debt, within thirty years from t h e date of the incurr i n g of said indebtedness.
Paragraph 111. Additional debt authorized when. I n addition t o the debt authorized in P a r a g r a p h I of this section, t o be created by a n y county, municipal corporation o r political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred a t one o r more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a t a x upon all of the taxable property within such county, municipality or political subdivision collectable annually, sufficient to pay in full the principal and interest of such additional debt when a s due; such t a x shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such t a x shall be kept separate and shall be held, used and applied solely f o r the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized
62

Art. 7. Sec. 7. Par. 3
by the General Assembly; the creation of such additional indebtedness shall have been f i r s t authorized by a vote of the registered voters of such county, municipality or political subdivision a t an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws f o r the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those f o r calling, advertising, holding and determining the result of, such election and the votes necessary to authorize t h e creation of a n indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness.
Paragraph IV. Temporary loans authorized; conditions. I n addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the State authorized to levy taxes, and county board of education, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality, political subdivision or county Board of Education outstanding a t a n y one time shall not exceed 75% of the total gross income of such county, municipality, political subdivision or county board of education, from taxes collected by such county, municipality, political subdivision or county Board of Education in the last preceding year. Such loans shall be payable on o r before December 31st of t h e calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be f i r s t authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political subdivision or county Board of Education, a t a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality, subdivision o r county Board of Education shall incur in a n y one calendar year, a n aggregate of such temporary loans and other contracts or obligations f o r current expenses, in excess of the total anticipated revenue of such county, municipality, subdivision, o r county Board of Education f o r such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year.
Paragraph V. Revenue anticipation obligations. Revenue anticipation obligations may be issued by a n y county, municipal corporation o r political subdivision of this State, to provide funds f o r the purchase or construction, in whole o r in part, of a n y revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known a s the "Revenue Certificate Laws of 1937," a s amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obliga-
63

Art. 7, Sec. 7, Par. 5
tions shall be payable, a s to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or a n y other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair o r improvement of such facilities and undertakings a s are specifically authorized and enumerated by said Act of 1937, a s amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting a t a n election held f o r the purpose in the county, municipal corporation or political subdivision affected, and provided f u r t h e r t h a t a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election, the election for such to be held in the same manner a s is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided f o r by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation f o r the purpose of paying the principal or interest of a n y such revenue anticipation obligations or any part thereof.
Provided that after a favorable election has been held a s set forth above, if municipalities, counties or other political subdivisions, shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county i n which the municipality o r political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation a s are privately owned and operated utilities.
The General Assembly is authorized to create an instrumentality and department of the State of Georgia to be known a s t h e Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. Laws 1945, p. 1023) a s amended by House Bill number 1053 of the General Assembly of 1958 (Ga. Laws 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect a s if they had been enacted subsequent to the ratification of this amendment to the Constitution; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so a s to add and enlarge powers of t h e Authority.
Paragraph VI. Refunding bonds. The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds f o r the purpose of refunding any bonded indebtedness of any county, municipality or political sub-
64

Art. 7, Sec. 7, Par. 6
division of this State issued prior to the adoption of this Constitution, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers a s to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of t h e said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund a n y bonds issued a f t e r the adoption of this Constitution.
Paragraph VII. Refunding bonds to reduce bonded indebtedness. The General Assembly is f u r t h e r authorized to give to said Commission the power and authority to approve or disapprove the issuance of bonds to refund a n y outstanding bonded indebtedness of a n y county, municipality or political subdivision now or hereafter issued, f o r the purpose of reducing t h e amount payable, principal or interest, on such bonded indebtedness, and upon the condit~onthat, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve o r disapprove the terms of a n y such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued f o r the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters a s otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution.
SECTIONV I I I .
P a r a g r a p h I. Sinking funds f o r bonds. All amounts collected from a n y source f o r the purpose of paying the principal and interest of a n y bonded indebtedness of a n y county, municipality or subdivision and to provide f o r the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing.
The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality o r subdivision and shall be used for no purpose other than that above stated. The moneys in such sinking fund may be invested and reinvested by the

Art. 7, Sec. 8, Par. 1
governing authorities of such county, municipality or subdivision or by such other authority a s has been created to hold and manage such sinking fund, in the bonds of such county, municipality or subdivision, and in bonds o r obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government, and no other. Any person or persons violating the above provisions, shall be guilty of malpractice in office and shall also be guilty of misdemeanor, and shall be punished, when convicted, a s prescribed by law f o r the punishment of misdemeanors, until the General Assembly shall make other provisions f o r the violation of the terms of this paragraph.
SECTIONIX.
APPROPRIATIONCONTROL
Paragraph I. Preparation and submission of General Appropriation Bill. The Governor shall submit to the General Assembly within fifteen days after its organization, a budget message accompanied by a d r a f t of a General Appropriation Bill, which shall provide f o r the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of t h e State for the ensuing fiscal year.
Paragraph 11. Continuation of General Appropriation Act. Each General Appropriation Act, with such amendments a s are adopted from time to time, shall continue in force and effect for each fiscal year thereafter until repealed or another General Appropriation Act is adopted; provided, however, t h a t each section of the General Appropriation Act in force and effect on the date of the adoption of this Constitution, of general application and pertaining to the administration, limitation and restriction on the payment of appropriations and each section providing f o r appropriation of Federal Grants and other continuing appropriations and adjustments on appropriations shall remain in force and effect until specifically and separately repealed by the General Assembly.
Paragraph 111. Other o r supplementary appropriations. I n addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known a s supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor.
Paragraph IV. Appropriations to be for specific sums. (a) Except a s hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution f o r which
66

Art. 7, Sec. 9, Par. 4
appropriation is made shall be f o r a specific sum of money, and no appropriation shall allocate to a n y 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 f o r the fiscal year beginning July 1, of each year following, f o r all activities incident to providing and maintaining a n adequate system of public roads and bridges in this State, a s authorized by laws enacted by the General Assembly of Georgia; and f o r g r a n t s to counties f o r aid in county road construction and maintenance, a s 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 and 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 a n amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed in the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions a r e in conflict with the provisions of this paragraph. And provided, however, t h a t t h e proceeds of the t a x hereby appropriated shall not be subject to budgetary reduction. I n the event of invasion of this State by land, sea or air, o r in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized f o r defense or relief purposes on the Executive Order of the Governor. The provisions of this amendment shall become effective J u l y 1, 1961.
Paragraph V. Appropriations void, when. Any appropriation made i n conflict with either of the foregoing provisions shall be void.
SECTIONX.
Paragraph I. Existing amendments continued of force. Amendments to the Constitution of the State of Georgia of 1877 in effect a t the date of the ratification by the voters of the State, of this Constitution, shall continue of full force and effect after the ratification of this Constitution, where such amendments a r e of merely local, and not, general application, including the amendments pertaining to the Coastal Highway District of this State. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 applicable t o counties and cities having a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than a number stated in such amendment, and amendments applicable to cities lying in two counties, where such amendments a r e in force and effect a t the time of the ratification of this Constitution. Provided the amendment of Paragraph I of Section I1 of Article X I of the Constitution of 1877
67

Art. 7, Sec. 10, Par. 1
proposed by Georgia Laws 1943 page 53 and ratified August 3, 1943, authorizing election by the people of the County Board of Education of Spalding County; prescribing rules of eligibility of members of the Board; providing for election by t h e Board of the County Superintendent of Schools shall not be continued of force.
ARTICLE VIII.
Paragraph I. System of common schools; free tuition, separation of races. The provision of a n adequate education f o r the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races.
SECTION11.
Paragraph I. State Board of Education; method of appointment. There shall be a State Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The first State Board of Education under this Constitution shall consist of those in office a t the time this Constitution is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be f o r seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. I n case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of t h a t session. During such session of the General Assembly the Governor shall appoint the successor member of the Board f o r the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors a r e appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for a t least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible f o r appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible t o membership on the Board, and if a n y person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing a t the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.
68

Art. 8, Sec. 3, Par. 1
Paragraph I. State School Superintendent; election, term, etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected a t the same time and in the same manner and for the same term a s t h a t of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible f o r election a s State School Superintendent during the time for which he shall have been appointed.
SECTIONIV.
Paragraph I. University System of Georgia; Board of Regents. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the State, and five additional members from the State-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the said Board. The f i r s t Board of Regents under this Constitution shall consist of those in office a t the time this Constitution is adopted, with the terms provided by law. Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, o r if the General Assembly be then in session to the end of t h a t session. During such session of t h e General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name t o the Senate f o r confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties a s provided by law existing a t the time of the adoption of this Constitution, together with such further powers and duties a s may be hereafter provided by law.
Paragraph I. County System; Board of Education; election, term, etc. Authority is granted to counties to establish and maintain public schools within their limits. Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand J u r y of each county shall

Art. 8, Sec. 5, Par. 1
select from the citizens of their respective counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except that the first election of Board members under this Constitution shall be for such terms that will provide for the expiration of the term of one member of the County Board of Education each year. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes a t which time said Grand Jury shall appoint the successor member of the Board for the unexpired term. The members of the County Board of Education of such County shall be selected from that portion of the county not embraced within the territory of an independent school district.
The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations a s to budgets and employment of teachers and other authorized employees.
SECTIONVI. Paragraph I. County School Superintendent; election, term, etc. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law.
SECTIONVII. Paragraph I. Independent systems continued; new systems prohibited. Authority is hereby granted to municipal corporations to maintain existing independent school system, and support the same a s authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established.
SECTIONVIII. Paragraph I. Meetings of Boards of Education. All official meetings of County Boards of Education shall be open to the public.
SECTIONIX. Paragraph I. Contracts for care of pupils. County Boards of Education and independent school systems may contract with each other for the education, transportation, and care of pupils.
Paragraph I. Certain systems protected. Public schools systems 70

Art. 8, Sec. 10, Par. 1
established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.
SECTIONXI.
Paragraph I. Grants, bequests and donations permitted. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, f o r the use of their respective systems of education.
Paragraph 11. Grants, bequests and donations to County Boards of Education and independent school systems. County Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, f o r the use of their respective systems of education.
SECTIONX I I .
Paragraph I. Taxation by counties for education. The fiscal authority of t h e several counties shall levy a t a x f o r t h e support and maintenance of education not less than five mills nor greater t h a n twenty mills ( a s recommended by the county board of education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham county and the city of Savannah being co-extensive with said county, the levy of said t a x shall be on all property in said county a s recommended by the governing body of said system.
The fifteen mill limitation provided in this Paragraph may be removed or increased in a county under the procedure set out hereinafter. The county board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the Ordinary it shall be his duty, within ten days of the receipt of the resolution, to issue the call of a n election to determine whether such limitation shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week f o r two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation i n such county and the county board of education may recommend a n y number of mills not less than five for the purposes set out above. I n lieu of recommending t h a t the limitation be removed entirely, the board may recommend t h a t it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same a s f o r removal and if the proposal is favorably voted upon the board may recommend up to the specified amount. It shall be the duty of the Ordinary to hold the election, to canvass the returns and declare the results. It shall also be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county.
71

Art. 8, Sec. 13, Par. 1
SECTIONX I I I .
Paragraph I. Grants f o r education. Notwithstanding a n y other provision of this Constitution, the General Assembly may by law provide f o r grants of State, county or municipal funds to citizens of the State f o r educational purposes, in discharge of all obligation of the State t o provide adequate education f o r its citizens.
ARTICLE IX.
HOMESTEADSAND EXEMPTIONS
Paragraph I. Amount of homestead and exemptions. There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, o r guardian, or trustee of a family of minor children, o r every aged or infirm person, or person having the care and support of dependent females of any age, who is not head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, t h e sale, alienation and encumbrance thereof, and to provide f o r t h e waiver of said exemption by the debtor.
P a r a g r a p h 11. Homestead and exemption laws continued. The .
laws now of force with respect to homestead and exemptions shall remain in full force until changed by law.
ARTICLE X.
P a r a g r a p h I. Organization of Militia. A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom i t shall consist.
Paragraph 11. Volunteers. The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions a s may be prescribed by law, and shall have authority to arm and equip the same.
P a r a g r a p h 111. P a y of Militia and Volunteers. The officers and men of the militia and volunteer forces shall not be entitled to

Art. 10, Sec. 1, Par. 3
receive any pay, rations, or emoluments, when not in active service by authority of the State.
Paragraph IV. Discipline of the Militia. 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 a s Commander-in-Chief of the Militia. Notwithstanding any other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courtsmartial and non-judicial punishment of members of the Militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia.
ARTICLE XI. COUNTIESAND MUNICIPALCORPORATIONS
Paragraph I. Counties a corporate body; boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain a s now prescribed by law, unless changed a s hereinafter provided.
Paragraph 11. Number limited. There shall not be more than one hundred and fifty-nine counties in this State.
Paragraph 111. New counties permitted when. No new county shall be created except by the consolidation or merger of existing counties.
Paragraph IV. Consolidation of counties; method. The General Assembly shall have power, with the concurrence of two-thirds of the qualified voters of each of the counties to be affected who participate in elections held for that purpose, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties.
Paragraph V. Dissolution of counties; method. Any county may be dissolved and merged with a contiguous county or counties by twothirds of the qualified voters of each of the counties affected who participate in elections held for that purpose.
Paragraph VI. County governments uniform; exceptions. Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for Commissioners of Roads and Revenues in any county, may abolish the office of County Treas-

Art. 11, Sec. 1, Par. 6
nrer, in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver, and Tax Collector in the office of Tax Commissioner, and may fix his compensation, without respect to uniformity.
Paragraph VII. Consolidation of governments; submission to voters. The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting.
Paragraph VIII. County lines. County lines shall not be changed, unless under the operation of a general law for that purpose.
Paragraph IX. County sites changed; method. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting a t an election held for that purpose and by a majority vote of the General Assembly.
SECTION 11.
Paragraph I. County officers ; election; term ; removal; eligibility. The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter.
Paragraph 11. Compensation of county officers. County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner a s may be directed by law.
ARTICLE XII.
THE LAWSOF GENERALOPERATIONISN FORCIEN THIS STATE
SECTIONI.
Paragraph I. Supreme law. The laws of general operation in thia State are, first: As the Supreme Law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States.
Paragraph 11. Second in authority. Second. As next in authority thereto: This Constitution.
Paragraph 111. Third in authority. Third. I n subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly.
Paragraph IV. Local and Private Acts. Local and private acts passed for the benefit of counties, cities, towns, corporations and pri-

Art. 12, Sec. 1, Par. 4
vate persons, not inconsistent with the Supreme Law, nor with this Constitution and which have not expired nor been repealed, shall have the force of Statute Law, subject to judicial decision a s to their validity when passed, and to any limitations imposed by their own terms.
Paragraph V. Proceedings of Courts confirmed. All judgments,
decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, a r e hereby ratified and affirmed, subject only to reversal by motion f o r a new trial, appeal, bill of review o r other proceedings, in conformity with the law of force when they were made.
Paragraph VI. Existing officers. The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified. But nothing herein is to apply to any officer, whose office may be abolished by this Constitution.
ARTICLE XIII.
AMENDMENTSTO THE CONSTITUTION
SECTIONI.
P a r a g r a p h I. Proposal by General Assembly; submission to people. A n amendment to this Constitution may be proposed oy a resolution in the Senate o r the House of Representatives, and if the same shall be agreed to by two-thirds of the members elected to each branch of the General Assembly, such proposed amendment shall be entered on the journals of each branch with the Ayes and Nays taken thereon. Any proposed amendment may be repealed or amended by the same General Assembly, if done so a t least two months prior to the date of the election a t which such proposed amendment is to be submitted.
The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine w h a t political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, the Governor shall cause such proposed amendment to be published in full once each week f o r three consecutive weeks immediately preceding the date of the election a t which such proposed amendment is submitted, in one newspaper of general circulation in each Congressional District of the State. If such proposed amendment is not general, the Governor shall cause such proposed amendment to be published in full in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located i n such county, a newspaper in a n adjoining county shall be used.
Any proposed amendment which is general shall be submitted to the people of t h e entire State a t the next general election a t which
75

Art. 13, Sec. 1, P a r . 1
members of t h e General Assembly a r e elected, and if ratified by a majority of the electors qualified to vote f o r members of the General Assembly voting thereon, such amendment shall become a part of this Constitution. A proposed amendment which is not general shall only be submitted to the people of the political subdivision o r subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote f o r members of the General Assembly voting thereon in each such political subdivision before i t shall become a p a r t of the Constitution. The General Assembly, in the resolution, shall state the language to be used i n submitting the proposed amendment.
When more than one amendment is submitted a t the same time, they shall be so submitted a s to enable the electors to vote on each amendment separately.
Paragraph 11. Convention, how called. No convention of t h e people shall be called by the General Assembly to revise, amend o r change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population a s near a s practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided f o r submission and ratification of amendments proposed by the General Assembly.
P a r a g r a p h 111. Veto not permitted. The Governor shall not have the right to veto any proposal by the General Assembly to amend the Constitution.
ARTICLE XIV.
MERIT SYSTEM
Paragraph I. State Personnel Board. A non-salaried State Personnel Board comprised of three citizens of this State, of known interest in the improvement of public administration, shall administer a State Merit System under which state personnel shall be selected on a basis of merit, fitness, and efficiency according to law. The members of the State Personnel Board shall be appointed by the Governor with the advice of the Senate. The f i r s t members shall be appointed f o r terms of three, five and seven years, respectively, the terms to be designated by the Governor. All subsequent appointments shall be f o r a period of seven years, except unexpired terms. No State official o r employee shall be a member of the State Personnel Board.
P a r a g r a p h 11. Retirement System. Appropriation. The General Assembly is authorized to establish a n actuarially sound retirement

Art. 14, Sec. 1, Par. 2
system for employees under a merit system. Adequate appropriations shall be provided f o r the operation of a merit system and the State Personnel Board.
ARTICLE XV.
HOME RULE
SECTIONI.
Paragraph I. Duty of General Assembly to provide f o r uniform systems. The General Assembly is authorized to provide by law f o r the self-government of municipalities and to t h a t end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities upon which, prior to the ratification of this amendment, i t w a s necessary f o r the General Assembly to act, may be dealt with without the necessity of action by the General Assembly.' Any powers granted a s provided herein shall be exercised subject only to statutes of general application pertaining to municipalities.
ARTICLE XVI.
SLUMCLEARANCEAND REDEVELOPMENT
Authority of cities, counties, and housing authorities to do slum clearance and redevelopment work. The General Assembly may provide by law t h a t any city o r town, o r a n y housing authority now o r hereafter established, may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas f o r re-use, and the sale o r other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken f o r public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.