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OF GSO GIA

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A.- 7th, 194'

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PROPOSED NEW CONSTITUTION
of the
STATE OF GEORGIA
AS ADOPTED BY THE GENERAL ASSEMBLY - SESSION OF 1945
J

CONTENTS

Article I. Article II. Article III. Article IV.
Article V. Article VI.

Bill of Rights______________________________________________________ 7

Elective Franchise

13

Legi lati e Department

._ 16

Public tilitie, Eminent Domain, Police Power,

In urance Companies, etc._____

__ _ __ 26

Executive Department

30

Judiciary

.._.__. .

41

Article VII. Finance, Taxation and Public DebL___________ ._ 58

Article VIII. Education

. 80

Article IX. Article X.

Home tead and Exemptions Militia .

._____________ _ 85

.

.__ __ 86

Article XI.

Countie and Municipal CorporationL_______________ 87

Article XII. Law of General Operation

. 89

Article XIII. Amendments to the Constitution__.__________ _ _ 90

Article XIV. Merit y tern

91

Article XV.

Home Rule

.__.

92

GO'l'ernor's No. 34 House Resolution No. 11
A RESOLUTION
Propo ing (a one inoole am ndment) to amend the on titution of the State of G orgia of 1 77 and all am ndment thereof, by trikino- in their entirety 1'ticle I (Bill of Riooht ), rticle II (Elective Franchi ),
Arti 1 ill (Leooi,Jative Department), rticl n r (Power
of the General embly Over Taxation), rti 1 (Executive Department) rticle VI (Judiciary) rticle VII (Finance, Taxation, and Public Debt), rticl VIII (Education), ~rticl IX (Hom tead and Exemption. ), Article X (Militia), rticl XI ( ountie and ounty Officer), rticle XII (The Law of G neral Operation in For e in Thi tate) rti Ie XIII (Am ndment to th on titution) and by in ertinoo in lieu thereof after the Preamble of th on titution of the tate of G oro'ia of 1 77, new Arti I . a foIl W: rticle I (Bill of Right), Arti 1 II (Electiv Fran hi e), Article ill (Leci lative D partment), Arti I I\T (Public tilitie, Eminent Domain, Poli e Power. In uran ompanie ontra t t .), rti 1 Y (Executiv D partm nt), Arti 1 (Judi iary) Arti Ie "'\ I (Finan e, Taxation and Public Debt), ~ticl YIII (Edu ation) ,ticl IX (Hometead and Exemption), rti 1 X C~Iilitia), rti Ie XI (ountie and Muni ipal orporation), rti Ie XII (Th Law of Gen ralOp ration in Force in Thi tate), Arti 1 XIII (Amenelm nt to the on titution), rticl XIV (Merit y tern), and Arti Ie X\ (Home Rul ): and to provide for the 'ubmi ion of the Amendment 0 I ropo eel a one Am nelm nt to th qualified voter of the tate of G orgia for ratification or rej ction at tb General El etion to b h ld in uoou t, 1945.
WHEREAS, th purpo of thi ingle am nelm nt i to oordinat th propo el ub tantial principl of orooanic law into one ubject matter of the on titution;
5

it beinO' impracti able otherwi e than in n ubject matter and one amendm nt to perfect the rearrangement ought; and to render unnece ary the evil consequen e of a portion by portion adoption or rej ction which would in ca e of adoption of orne portion and rej ction of other re ult in a on titution lacking correlation,
NOW THEREFORE, BE IT RE OL ED BY THE GE RAL EMBLY OF GEORGIA:

SECTION ONE

That the on titution of the tat of Georgia of 1 77

and all m ndm nt thereof appearinO' aft I' the Pre-

amble, be and it i . hereby propo. e 1 to b amend d a

one uingle amendment by trikinO' therefrom in their

entir t. rticle I (Bill of Right ), rti Ie II (Elective

Fran hi e), Arti Ie III (Legi lative Department), Ar-

ticle IV (Power of the General A embly over Taxa-

tion) , rticle", (Executive Department) Articl I

(Judiciary), rticl VII (Finance, Taxation, and Pub-

lic Debt), Article VIII (Education), rticle IX (Home-

stead and Ex mption) rticl

("Militia), rticle

XI (ounti and ounty Officer), rti Ie XII (The

Law of General 01 eration in For e in Thi tate), Ar-

ticle XIII (Amendment to the on titution) and in ert-

ing in Ii u thereof new rticle umb l' I throuO'h X",

inclu ive uO that wh n 0 amended, th on titution of

the State of Georgia of 1 77 shan read, b ginning with

the PI' ambl ,a follow :

6

Preamble.
To perpetuate the principle of free government, insure justice to all, pre erve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
Article I.
BILL OF RIGHTS.
Section I.
Paragraph 1. Origin and foundation of government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officer are the trustees and servants of the people, and at all times, amenable to them.
Paragraph II. Protection the duty of government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph III. 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 the courts of this tate, in per on, by attorney, or both.
Paragraph V. Benefit of counsel; accusation; list of witnesses; compulsory process; trial by jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge
7

against him i founded; hall have compul ory process to obtain the te timony of his own witne es; hall be confronted with the witne ses testifying again t him; and shall have a public and speedy trial by an impartial Jury.
Paragraph VI. Crimination of self not compelled. 0 person shall be compelled to give te timony tending in any manner to criminate himself.
Paragraph VII. Banishment and whipping as punishment for crime. either bani hment beyond the limits of the State, nor whipping, as a punishment for crime, hall be allowed.
Paragraph VITI. Jeopardy of life or liberty more than once forbidden. 0 person shall be put in jeopardy of life, or liberty, more than once for the ame offen e, ave on his, or her own motion for a new trial after conviction, or in ca e of mistrial.
Paragraph IX. Bail; fines; punishment; arrest, abuse of prisoners. Exce ive 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 arre t, or in prison.
Paragraph X. Costs. 0 person shall be compelled to pay co t except after conviction on final trial.
Paragraph XI. Habeas corpus. The writ of Habeas Corpus hall not be upended.
Paragraph Xli. Freedom of conscience. All men have the natural and inalienable right to worship God, each according to the dictate of his own conscience, and no human authority hould, in any case, control or interfere with uch riO'ht of con cience.
Paragraph xm. Religious opinions; liberty of con-
science. 0 inhabitant of this tate hall be molested in person or prop rty, or prohibited from holding any
8

public office, or tru t, on account of hi religious opinion ; but the right of libert of com:cience hall not be 0 con trued a to excu e act of licentiou ne ,or ju tify practice incon i tent with the peace and afety of the
tate.
Paragraph XIV. Appropriations to churches, sects, etc., forbidden. 0 money hall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of relio-ioni t , or of any ectarian in titution.
Parao-raph . Liberty of speech or of the press guaranteed. 0 law hall ever be pa ed to curtail, or restrain the liberty of peech, or of the pre ; any per on may peak, write and publiuh hi entiment. on all ubject , being re pon ible for the abu e of that liberty.
Paragraph XVI. Searches, seizures, and warrants. The right of the people to be ecure in their per ons, hou e paper, and eff ct again t unreauonable earche and eizure, hall not be violated' and no warrant hall issue except upon probable cau e, upported by oath, or affirmation, particularly de cribing the place, or place , to be earched, and the per on or thing to be eized.
Paragraph xvn. Slavery and involuntary servitude.
There hall be within the tate of Georgia neith I' lavery nor involuntary servitude, ave a a puni hment for crime after legal conviction ther of.
ParalITaph XVill. Status of the citizen. The ocial tatu of the citizen hall nev I' be the ubject of leci lation.
Paragraph XIX. Civil authority superior to military. The civil authorit hall be uperior to the military, and no soldier hall, in time of peace, be quartered in any hou e without the con ent of the owner, nor in time of war, except by the civil mao-i trate, in uch manner a may be provided by law.
9

Paragraph XX. Contempts. The power of the Courts to punish for contempt shall be limited by legi lative 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 arm , shall not be infringed, but the General A embly hall have power to prescribe the manner in which arm may be borne.
Paragraph XXIII. Legislative, judicial, and executive powers, separate. The legi lative, judicial and executive power hall forever remain eparate and di tinct, and no person discharging the dutie of one, hall, at the same time, exercise the function of either of the other, excep1 as herein provided.
Paragraph XXIV. Right to assemble and petition. The people have the right to a emble peaceably for their common good and to apply to tho e vested with the powers of government for re Ire of O'l'ievance by petition or remon trance.
Paragraph XXV. Citizens, protection of. All citizens of the United tate re ident in thi State, are hereby declared citizen of thi tate and it shall be the duty of the General embly to enact u h law a will protect them in the full enjoyment of the right privileges and immunitie due to such citizen hip.
Section II.
Paragraph I. Libel; jury in criminal cases; new trials. In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the fact . The power of the judO'e to grant n w trial , in ca e of conviction, is preserved.
Paragraph II. Treason. Treason again t the State of
10

GeorO'ia, shall con",i t in levying war again t her; adhering to her enemies; giving them aid and comfort. No person hall be convicted of trea on, except on the te timony of two witne e to the ame overt act, or confe ion in open court.
Paragraph m. Conviction, effect of. 0 conviction
hall work corruption of blood, or forfeiture of .e tate.
Paragraph IV. Lotteries. 11 lotteri ,and the ale of lottery ticket, are hereby prohibited; and thi prohibition hall be enforced by penal law .
Paragraph"'. Lobbying; penalties. Lobbying ideclared to be a crim , and the General A embly hall enforce thi provi ion by uitable p naltie .
Paragraph VI. Fraud; concealment of property. The General As embly hall have the power to provide for the puni hment of fraud and, hall provide by law, for reaching property of the debtor concealed from the creditor.
Section III.
Paragraph I. Private ways; just compensation. In ca" of n city, I rivate way ma be granted upon ju t ompen ation bing fir t paid by th apI licant. Private property shall not b taken, or damaO'ed, for public purpo ,without ju t and adequate ompen ation bing fir t paid.
ParaO'raph II. Atta.inder; ex post facto and retroactive laws, etc. 0 bill of attaind l' x po t facto law l' troactive law, or law impairing the obligation of contracts, or making irrevocable grant of pecial privilege or immunities, hall be pa ed.
Paragraph III. Revocation of tax exemptions. All exemption from taxation heretofore granted in corporate charters are declared to be henceforth null and void.
11

Section IV.
Paragraph I. General laws; uniform operation; how varied. Law of a o-en ral nature hall have uniform operation throuo-hout the tate, and no pecial law shall be enacted in any case for which provi ion ha been made by an exi ting general law. No general law affecting private right, hall be varied in any particular ca e, by special leo-i lation, except with the free con. ent, in writin0-, of aU per ons to be affe ted thereby; and no per on under legal di ability to contract, i capable of uch conent.
Paragraph II. What acts void. Legi lative act in violation of thi on titution, of the on titution of the United tate are void, and the Judiciary hall 0 declare them.
Section V.
Paragraph 1. State rights. The people of thi tate have the inherent, ole and exclu ive rio-ht of reo-ulating their internal o-overnment, and the police thereof. and of altering and aboli hino- their on titution whenever it may be nece ary to their afety and happine .
Paragraph II. Enumeration of rights not denial of others. The enumeration of right herein contained a a part of thi Con titution hall not be con trued to d ny to the people any inherent rio-ht which the may have hitherto enjoyed.
Section VI.
Parao-l'aph 1. Tidewater titles; confirmed. The t of th General A embly appl'OV d Dec mb r 6, 1902, whi h ext nd th title of owner hip of land abutting on tidal water to low water mark i hereby ratifi d and confirm d.
J2

Article II.
Elective Franchise.
Section I.
Paragraph I. Elections by ballot; registration of voters. Election by the people hall be by ballot, and only tho e per on hall be allowed to vote who have been :fir t registered in accordanc with the requirement of law.
Paragraph II. Who shall be an elector entitled to register and vote. Every citizen of thi tate who is a citizen of the nited State, eighteen year old or upward, not laborinO' under any of the disabilitie named in this Article, and pos es ing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no oldier, sailor or marine in th militar or naval ervice", of the United tate hall acquire the right of an elector by reason of beinO' tationed on duty in thi tate.
Paragraph III. Who entitled to register and vote. To entitle a person to regi tel' and vote at any election by the people, he shall have re ided in the State one year next preceding the election, and in the count in which he offer to vote ix month next prec dinO' the Ie hon.
Paragraph IV. Qualifications of electors. 1 very citizen of this tate hall be entitled to l' O'i tel' a an elector, and to vote in all election in aid tate, who i not di qualified under the provi ion of ection II of Article II of thi on titution, and who po e", e the qualifications prescribed in Paragraph II and III of thi ection or who will po sess them at the date of the election occurring next after hi registration, and who in addition thereto comes within either of the clas e provided for in the two following ubdivi ion of thi paragraph.
1. All per on who are of good character and under-
13

stand the duties and obligations of citizen hip 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 nited States or of this State and correctly write the same in the English language when read to them by anyone of the regi trars, and all persons who solely becau e of physical disability are unable to comply with the above requirements but who can under tand and give a rea onable interpretation of any paragraph of the on titution of the United tate or of this State that may be read to them by anyone of the r gi trar .
Paragraph V. Appeal from decision of registrars. Any person to whom the riO'ht of registration is denied by the registrar upon the ground that he lacks the qualification et forth in the two ubdivi ion of Paragraph IV hall have the right to take an appeal, and any citizen may enter an appeal from the deci ion of the regi trars allowing any per on to regi ter under aid ubdivi ions. All appeals must be filed in writing with the regi trars within ten days from the date of the deci ion complained of, and shall be returned by the regi trars to the office of the clerk of the superior court to be tried as other appeals.
Paragraph VI. Judgment of force pending appeal. Pending an appeal and until the final deci ion of the case, the judgment of the regi trar hall remain in full force.
Section II.
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 clas es of per ons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this tate, to-wit: 1st. Tho e who shall have been convicted in any court of competent juri diction of trea on
14

against the tate, of embezzlement of public fund , 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, unle such persons shall have been pardoned. 2nd. Idiots and in ane persons.
Section III.
Paragraph 1. Privilege of electors from arrest. Electors shall, in all ca es, except for trea on, felony, larceny, and breach of the peace, be privileged from arre t during their attendance on elections, and in going to and returning from the same.
Section IV.
Paragraph I. Holder of public funds. 0 person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same i accounted for and paid into the Treasury.
Section V.
Paragraph I. Sale of liquors on election days. The General A embly hall by law forbid the ale of intoxicating drink in thi tate or any political ubdivi ion thereof on all day for the holding of any el ction in the area in which uch I ction i held and pre cribe punishment for an violation of the ame.
Section VI.
Paragraph I. Returns made to whom. Returns of election for all civil officer elected by the people, who are to be commissioned by the Governor, and al 0 for member of the General embly, hall be made to the ecretary of State, unle s otherwise provided by law.
15

Article III.
Legislative Department.
Section I.
Paragraph 1. Power vested in General Assembly. The legi lative power of the tate hall be ve ted in a General A embly which hall con i t of a enate and Hou e of Representatives.
Section II.
Paragraph I. Number of senators and senatorial districts. The nate hall con i t of not more than fiftyfour m mb l' and there hall be not mol' than fifty-four
enatorial Di tri t with one enator from each Di tri t a now con tituted, or a h l' aft l' created. The variou enatorial Di tri t hall b ompri d of the countie a now provi 1 d, and th G neral A uembly hall have authority to reate, rearrang and change the e Uti tri t within th limitation herein tated.
Section III.
Paragraph I. Number of representatives. The House of Repre entatives hall con i t of repre entative apportioned among the several countie of the tate a follows: To the eight countie having the large t population three representative each; to the thirty countie having the next large t population, two repre entative each; and to the remaining countie , one repre entative each.
Paragraph II. Apportionment changed, how. The above apportionment hall be changed by the General As embly at it fir t e ion after each cen u taken by the United State Government in accordance with the provision of Paragraph I of ection III of thi article.
Section IV.
Paragraph I. Term of members. The members of the General A sembly hall be elected for two y ar , and shall
16

serve until the time fixed by law for the convening of the next General A embly.
Paragraph n. Election, when. The fir t election for
member of the General As embly, under thi onstitution shall take place on Tue day after the fir t Monday in Jovember 1946, and ub equent ele tion biennially, on that day. until the day of el etion i changed by law.
Para!!'raph ill. Meeting of the General Assembly . The General A embl hall meet in regular e ion on the econd Monday in January 1947, and biennially thereafter on the arne day until the date hall be changed by law. By concurrent re olution, adopted by a majority of memb I' elected to both Hou e , the General s embly may adjourn any regular se ion to uch later date as it may fix for reconvenino- in regular se ion, but hall remain in regular ion no longer than eventy (70) days, in th aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of seventy (70) day without fixing a date for reconvening the General A embly hall reconvene in regular e ion on the econd Monday in J anuary of the next y ar unle it hall have adjourned ine die. All bu ine pendino- in the enat or House at the adjournment of an regular ion rna be considered at any later regular e ion of the arne General
embly a if th re had been no adjournment. othing herein hall be con trued to effect the power of the Governor to convoke the General embly in extraordinary e ion, or the dut of the Governor to convene the General embl in xtraordinary e ion upon the certificate of three-fifth of the m mber elected to the enate and the Hou e of Representative ,a provided in Article , e tion I Paragraph XIII of thi on titution. If an impeachment trial i pendino- at th end of an regular or extraordinary e ion, the enate may continue in session until uch trial i completed. The provi ions of Paragraph ill, e tion IV of rticl ill of the on titution
17

which thi on titution UI r ede wbi h aPIly to the m ting of tb Gen ral ~ mbl)' hall ontinu in force until tbe econd ~Ion lay in January, 1947.
Paragraph IV. Quorum. majority of each Hou e shall con titute a quorum to tran act bu ine ; but a malleI' number may adjourn from day to day and compel the pre ence of it ab ent member ,a each hou e may provide.
Paragraph . Oath of members. Each enator and Repre entative, before taking hi eat hall take the following oath, or affirmation, to-wit: 'I will upport the Constitution of thi tate and of the nited tate, and on all que tion and mea ure which may come before me, I will 0 conduct my elf, a will in my judo-ment, be most conducive to the intere t and pro perity of this
tate."
Parao-raI h VI. Eligibility; appointments forbidden. o per on holdino' a military commi ion, or other appointment, or offic , having any emolument, or compensation annexed th l' to, under thi tate, or the nited tate, or either of them e - pt Ju ti of the P a e and officer of the militia, nor an defaulter for public money, or for any 1 o'al taxe l' quired of him hall hav a eat in ither hou . nor hall any enator, or Repre ntative, after hi qualifi ation a uch, be ele t d by the General
mbly, or appoint d by the Governor either with or without th advic and con nt of th enate, to an offic or appointmen havino' any molum nt annex d thereto, during the time for whi h he hall hav been 1 ted, unl h hall fir t re io-n hi eat, provided, however, that during the term for which h wa elect d no enator or R pI' entativ hall b appointed to any civil office whi h ha b n l' at d during u h t rm.
Paragraph VII. Removal from district or county, effect of. The eat of a member of ith I' hou e hall be
1

vacated on hi removal from the di trict or county from which he wa elected.
Section V.
Paragraph 1. Qualifications of Senators. The enator hall be citizen of the nited tate, who have attained the age of twenty-five year, and who hall have been citizen of thi tate for four year , and for one year re ident of the di trict from which lected.
ParaO'raph II. President. The presiding officer of the enate hall be tyled th Pre id nt of the enat. A PI' id nt PI' Teml ore hall b I ted viva voce from the enator and hall a t in ca e of th death, re ignation or di ability f the PI' ident, or in the event of hi u 'ion to the xecutiYe pow r.
Para!!'raph III. Impeachments. Th nate hall have the ole power to try impeachment .
Paragraph n. Trial of impeachments. When itting
for that purpo e, the member hall be on oath, or affirmation, and hall be pre ided over by the Chief Justice or the Priding J u tic of th uprem ourt. hould the hi f Ju tice be di~qualified th enate hall uelect a Ju tice of th UpI' me ourt to pre id. No per on
haD b convi t d mtllollt th con urren of two-third of th member pI' ent.
Para!!'raph Y. Judgments in impeachments. Judgment . in ca e of impeachment, hall not extend further than removal from offic , and di qualification to hold and enjoy any office of honor tru t or profit, within this
tate; but the part convi ted uhall n verthele ,be liable, and ubject, to indictment, trial judO'ment, and pllni hment, accordinO' to law.
Section VI.
ParaO'raph I. Qualifications of representatives. The Repre entative hall b citizen of the nited tate who
19

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.
Paragraph II. Speaker. The presiding officer of the House of Representatives shall be styled the peaker of the House of Representatives, and hall be elected viva voce from the body.
Paragraph m. Power to impeach. The Hou e of
Representatives shall have the ole power to vote impeachment charges again t all per ons who shall have been or may be in office.
Section VII.
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 puni h them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of twothirds of the House to which he belongs.
Paragraph II. Contempts, how punished. Each House may punish by impri onment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in it pre ence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.
Paragraph m. 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
20

keep a journal of it proceeding, and publish it immediately after it adjournment. The General As embly shall provide for the publication of the laws passed by each ession.
Paragraph . Where journals kept. The oriO'inal journal shall be pre erved after publication, in the office of the
ecretary of tate, but there shall be no other record thereof.
Paragraph VI. Yeas and nays, when taken. The yeas and nay on an que tion hall, at the de ire of one-fifth of the m mber pre ent, b entered on th Journal.
Paragraph VII. Bills to be read. Every bill, before it shall pas, shall be read thr e tim , and on three separate day, in each Hou e, unle in ca es of actual inva ion, or in urrection, but the fir t and econd reading of each local bill, hall con i t of the reading of the title only, unle aid bill i ordered to b engro d.
ParaO'raph ,TIll. One subject matter expressed. 0 law hall pa which refer to more than one .. ubject matter or contain matter different from what i expre ed in the title thereof.
Paragraph IX. General appropriation bill. The General appropriation bill hall embrace nothinO' except appropriation fixed by previou law the ordinary expen e of the Executive, Legi lative and Judicial Department of the Government, payment of the public debt and interest thereon, and for upport of the public in titution and educational intere t of the tate. All other appropriation hall be made by eparate bills, each embracinO' but one ubject.
Paragraph X. Bills for revenue. All bill for rai inO' revenue, or appropriating money, hall originate in the Hou e of Repre entative , but the enate may propose, or concur in amendment ,a in other bill .
21

ParaO'raph XI. Public money, how drawn. o money shall be drawn from th Trea UI except b appropriation made b law.
Paragraph XII. Bills appropriating money. .J: 0 bill or resolution appropriatinO' money hall become a law unle ,upon it pa ag the ea and nay, in each hou e, are recorded.
Paragraph XIn. Acts signed; rejected bills. 11 acts hall be igned by the Pre ident of the enate and the peakeI' of the Hou e of R.epre entativ and no bill or I' olution, intended to have the effe t of a law, whi h hall have been reje ted b eith I' hou e, hall be aO'ain propo ed during the ame e~ iOD, under the ame or any oth I' titl , without the COD ent of two-third of th Hou e by whi h the ame wa rejected.
Paragraph XI\. Majority of members to pass bill. No bill hall be ome a law unle it hall receive a majority of th vote of all th member I ct d to each Hou e of the Gen ral embly, and it hall, in ev ry in tance, 0 app ar on the Journal.
Paragraph V. Notice of intention to ask local legislation necessa.ry. J 0 local or . pe ial bill hall be pa d, unle noti of the intenti n to apply ther for 'hall have be n 1ubli hed in the new lap l' in whi h th
11 riff' a iverti. ill nt for the locality aff ct 1 ar publi h d, once a w ek for three w k luring a period of ixt~- day imm diately pI' c ding it introdu tion into the G neral ~ mbly. J0 10 al or pial bill hall be ome law unle tb I' i atta h d to and mad a I art of sai 1 bill a c~py of . aid notice I' i:fi d by th pubIi her, or a omI anied by an affidavit of th author, to the eff ct that ~aid noti e ha been publi hed a provid d by law. 0 offi e to whi hap I' on ha b en 1 ctec1 ball be aboli bed, nor the term of the offi hort n d or lenO'thened b~' 10 al or I cial bill dUl'-

ino' th t rill for -which uch per on wa Ie ted unl th arne b apl roved by the p opl of he juri di tion affected in a I' f l' ndum on the que tion. Wh re any 10 al law hall add any m mb l' or memb l' to an muni ipal 01' count governino' authority, th member of -whi h ar ele ted by the p ople, uch 10 al law mu t provid that the m mb l' or m mb l' 0 aid d mu t be elected by a majority vot of the qualified voter of th political ubclivi ion affected.
Paragraph XVI. Statutes and sections of code, how amended. K0 law or tion of th ode hall b amended or repealed by mere reference to it title, or to the number of the ection of the ode, but the amending, or repealing a t, hall di tinctly de cribe the law to be amended or repeal d, a well the alteration to be made.
Parao-raph VII. Corporate powers, how granted. The Gen ral A mbl hall ha e no pow l' to Irrant corporat power and privilege to privat companie, to make or chang lection precinct , nor to e tabli h brido-e or ferri ,nor to change name of leo'itimate children; but it hall pre ribe by law th manner in which uch power hall be exer i ed by th court; it may conf I' thi authori to grant orporate power and privileo' to privat coml anie to th judO" of th uprior ourt f thi tate in vacation. All corporat p weI' and privilege to bankino' tru t in uran e, railroad canal, navigation, expre and tel o-raph companie hall be i ued and granted b the eel' tary of tate in uch manner a hall be pre cribed by law' and if in an v nt the ecretary of tate hould be di qualifi d to a t in any ca e, th n in that event the legi lature hall provide by g n ral law by wha p ruon uch chart I' . hall be granted.
Paragraph XVIII. Recognizances. Th Gen ral sembly hall have no power to reli v principal or ecuritie upon forf ited recolmizance , from the p\lYIDent
23

thereof, either before or after judgment thereon, lillIe the principal in the recognizance shall have been apprehended and placed in the cu tody of the proper officers.

Paragraph XIX. Yeas and nays to be entered, when. Whenever the on titution requires a vote of two-thirds of either or both hou es for the pa age of an act or resolution, the yeas and nay on the pa age thereof hall be entered on the Journal.

Paragraph . Powers of the General Assembly. The General embly hall have the power to make all laws con i tent with this on titution, and not repurnant to the Oonstitution of the nited tate, which they shall deem nece ary and proper for the welfare of the tate.

Paragraph

Signature of Governor. 0 provis-

ion in thi on titution for a two-thirds vote of both

hou of the General embly shall be con trued to

waiv the nece ity for the ignature of the Governor as

in any other ca e except in the ca e of the two-thirds

vote l' quired to override the veto to ubmit con titution-

al amendment, and in ca e of prolonO'ation of a e ion

of the General embly.

Paragraph XXII. Adjournments. either House shall adjourn for more than three day , or to any other place, without the con ent of the other and in ca e of di aO'reement between the two Hou e , on a que tion of adjournment th Governor may adjourn ither, or both of them.

Paragraph XXID. Zoning and planning laws. The General embly of the tate shall have authority to grant the governing authorities of the municipalitie and oountie authority to pas zonino' and planning law whereby uch citie or ounti may b zoned or districted for variou u..,e and other or different u e& prohibited ther in, and reO'ulating the u e for which
aid zone or di tri t may be et apart, and regulating

24

the plan for development and improvement on real e tate therein.
Paragraph XXIV. Civil service-equal preference to veterans. either the tate of Georgia, nor any political ubdivision thereof, shall inaugurate or maintain any civil ervice cheme of any nature whatever which fails to provide for honorably di charged veterans of any war, and the aid tate of Georgia, or any political subdivision hall, if a civil ervice scheme i originated or is already in force provide equal preference according to such veteran a now exist under Federal Civil Service Laws.
Para raph XXV. Street Railways. The General mbly hall not authorize the con truction of any treet pa nO' l' railway, within the limit of any incorporate town or city without the con nt of the orporate uthoritie .
Section VIII.
Paragraph 1. Officers of the two houses. The officer of th two hou e other than the Pre ident of the enate and peakeI' of the Hou ,,,,hall be a Pre ident Pro Tempore and ecretary of th nat and peakeI' Pro Tempore and lerk of the Hon of Repre entative . and nch a i tant a each Hon e mao provide for.
Section IX.
, ParaO'raph 1. Compensation, expense and mileage. The per diem of member of the Gen ral mbly hall
b '10.00 per day pIn th additional um of 5.00 r er
day for maintenance exp n e; and th mileaO'e hall not exceed 10 cent for each mil traveled by the near t practical route in going to and l' tnrninO' from the apitol; but the Pre ident Pro Tempore of the enate, when erving a pre idinO' offi er ther of, and the peakeI' of th Hon e f R 131' entativ , hall ach l' ceiv 15.00
25

per day a p I' diem plu the a Iditional urn of 5.00 pel' da for rilaintenan e xp n e.
Section X.
ParaO'raph 1. Viva voce vote; place of meeting. 11 election by the General A embly hall be viva voce, and the vote hall appear on the Journal of the Hou e of Repr ""entative . When the nate and Hou e of Repreentative unite for the purpo e of election ,they ball meet in the Repre entativ Hall, and the Pre ident of the
enate hall, in uch ca e , pre ide and declare the re ult.
Section XI. Paragl'aI h I. Salaries of elective officials; how changed. Th eneral emlly ma~' at any tim by a majority vote of both branche pre rib other and
diff I' nt alari for an of tIl electiveffi l' provided
for in tbi on titution, but 1io . u h banO' ball aff ct the officer th n in commi ion.
Article N.
Public Utilities, Eminent Domain, Police Power,
Insurance Companies, Contracts, etc.
Section I.
Paragraph I. Public utility tariffs and charges. The power and authority of reO'ulatinO' railroad freight and pa engel' tariff and of charO'e of public utilities for their ervice, of preventinO' unju t di crimination, and requiring rea onable and ju t rate of freiO'ht and passenger tariff and of charge of publi utilitie are hereby conferred upon the General embly, who e duty it shall be to pa law from time to time, to regulate uch tariffs and charO'e , to prohibit unju t di criminations by the variou railroad and public utilitie of thi tate, and to prohibit said railroad and public utilitie from
26

charging other than ju t and rea onable rates and to enforce the arne by adequate penaltie , provided, nevertheIe ,that uch power and authority hall never be exerci ed in any way to reo-ulate or fix charo-e of uch public utilitie a are or may be owned or op rated by any
ount or municipalit of thi tat ex ept a provided in thi on titution.
Paragraph II. Rebates. 0 public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directl or indirectly, or do any act to mi lead or deceive the public a to the real rate charged or recei ed for freight or pa ao-e or ervice furni hed, any uch payment hall be illeo-al and void; and the e prohibition hall be enforced by uitable penaltie .
Section II.
Paragraph I. Right of eminent domain. The exerci e of the right of eminent domain hall never be abrido-ed, nor 0 con trued a to prevent the General embly from takino- property and franchi e ,and ubjecting them to public u e.
Paragraph II. Police power. The exerci e of the police power of the tate hall never be abrido-ed, nor 0 con trued a to permit the conduct of bu ine in uch manner a to infrino-e the equal right of other , or the general wellbeing of the tate.
Section III.
Paragraph 1. Charters revived or amended subject to Constitution. The General embly hall not remit the forfeiture of the charter of any corporation now exi ting, nor alter or amend the arne, nor pa any other general or pecial law, for the ben fit of aid corporation, except upon the ondition that uch corporation shall thereafter hold it charter ubject to the provi ions of this Con titution' and every amendment of any char-
27

ter of any corporation in thi tate, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and hall bring the same under the provision of thi Con titution.
Section IV.
Paragraph 1. Oontracts to defeat competition. II contracts and agreement, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, hall be illegal and void. The General embly of thi tate hall have no power to authorize any uch contract or agreement.
Paragraph n. General Assembly to enforce Article.
The General embly hall enforce the provi ion of this Article by appropriate leci lation.
Paragraph III. Public Service Oommission as constitutional officers. There hall be a Public ervice ommi sion for the reO'ulation of utilities, ve ted with the jurisdiction, powers 'and dutie now provided by law or that may hereafter be pre cribed by the General A sembly, not incon i tent with other provi ions of this Con titution. uch ommi ion shall con i t of five members, who hall be elected by the people. chairman
hall be elect d by the member of the Commi ion from it member hip. The fir t ommi ion under thi amendment hall con i t of the ommi ioner in office at the time of the adoption of thi con titutional amendment and they hall erve until D cember 31 after the general election at which the ucce or of each member i elected. Thereafter all succeeding term of members hall be for six years. The qualifications, compen ations, filling of vacancie , manner and time of election, power and duties of member of the Commi ion, including the chairman hall be uch a are now or may hereafter be provided by the General As embly.
2

Section V.
Parao-raph I. Wife's separate estate. All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her eparate property, and not be liable for the debts of her hu band.
Section VI.
Paragraph 1. Nonresident insurance companies. All life in urance companies now doing bu ine in this tate, or which may de ire to e tab]i h agencie and do bu iness in the tate of Georgia chartered by other tate of the
nion. or foreign tate, hall how that they have depo ited with the Comptroller General of the tate in which they are chartered, or of thi tate, the In urance Commis ioner, or uch other officer as may. be authorized to receive it not les than one hundred thou and dollar, in uch ecurities as may be deemed by such officer equivalent to ca h, subject to his order, a a o-uarantee fund for the ecurity of policy-holder.
Parao-raph n. License by Comptroller General. When uch howing i made to the omptroller General of the tate of Geor!ria by a proper certificate from the tate official having charge of the furIds so depo ited, the omptroller General of the tate of Georgia is authorized to is ue to the company makino- such showing, a licen e to do bu ine in the tate, upon paying the fees required by law.
Paragraph m. Resident insurance companies; guar-
antee fund. lllife insurance companies chartered by the State of Georo-ia, or which may hereafter be chartered by the tate, hall, before doing bu ine ,depo it with the Comptroller General of the tate of Georgia, or with some trong corporation, which may be approved by said Comptroller General, one hundred thousand dollar , in uch securitie a may be deemed by him equivalent to
29

ca h, to be subject to hi order, a a guarantee fund for the ecurity of the policy-holder of the company making uch depo it, all intere t and dividends from such securities to be paid, when due, to the company 0 depo iting. Any such securitie a may be needed or deired by the company may be taken from aid department at any time by replacing them with other ecurities equally acceptable to the Comptroller General, who e certificate for the same hall be furni hed to the company.
Paragraph IV. General Assembly to enact laws for people's protection, etc. The General Assembly shall, from time to time enact law to compel all fire insurance companie , doing bm:ine in thi tate, whether chartered by this tate, or otherwi e, to depo it reasonable securitie with the Trea urer of thi tate, to secure the people against los by the operations of said companies.
Paragraph V. Reports by insurance companies. The General embly shall compel all in urance companies in this State, or doing bu ine s therein, under proper penaltie , to make annual I' port to the Coml troJler General and print the arne at their own eXI en e, for the information and protection of the I eOlle.

II

Article V.

I" I

Executive Department.

Section I.

Paragraph I. Governor; Term of Office; Salary, etc. Th executive power hall be ve ted in a Governor, who hall hold hi office during the term of four year, and until hi uc e or shall be cho en and qualifi d. The Governor servino- at the time of the adoption of thi
on titution and future Governor 'hall not be elilrible to u ceed them lve and ball not be ligible to hold the office until aft I' the expiration of foul' year from the conclu ion of his tE)rm of offi . He ball hav a

30

alary of .; v n thou and fiv hundred lollar' I er annum until January 1, 19:1:7. The alary of the Govrnor for a h year tIl reaft l' hall b tw Iv thouand dollar per annum until otherwi e provided b a law I a. d by a majority vot of both bran he of the G n ral A mbl whi h hall not be increased or dimini hed during th p riod for which he hall ha e been elected' nor hall h re eive within that time, any other emolum nt from the nited tate, or either of them, or from any foreiO'n power. The tate officer required by thi on titution to be ] ct d at he arne tim , for the arne t I'm, and in he arne manner as the Governor hall ::11.00 hold office for four year.
Paragraph II. Election for Governor. The fir t election for Governor, under thi on titution hall be held on Tue day after the fir t :Monday in ovember of 1946, and the Governor- lect hall be in taIled in office at the next session of the General embly. An election shall take place quadr nniall~- th I' aft r, on ai 1 c1at until another date be fixed b the Gen ral \.. embly. aid election hall be held at the place of holding O'eneral election in the everal countie of thi tate, in the manner pre cribed for the election of memb l' of the General
embly, and the elector hall be th arne.
Paragraph III. Returns of elections. The returns for ever el etion of Governor .. hall be eal d up by the manager, parately from other returns, and directed to the Pre ident of the nate and p ak l' of the Hou e of Repre en ative , and tran mitted to the ecretary of
tate who hall, without openinO' aid return cau e the ame to be laid before the enate on the day after the two hou e hall have been orO'anized, and they hall be tran mitted b. the enate to the Hou.. e of Repreentatives.
ParaO'raph n. How returns published. The members
of each branch of the General A embly shall convene in
31

the Representative Hall, and the President of the enate 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, hall be declared duly elected Governor of this State; but, if no person shall have such majority, then from the two persons having the highest number of, votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall immediately, elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the members pre ent shan be necessary to a choice.
Paragraph V. Contested elections. Contested elections shall be determined by both house of the General Assembly in such manner as shall be prescribed by law.
Paragraph VI. Qualifications of Governor. 0 peron 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 year.
Paragraph VII. Lieutenant Governor. Succession to executive power. There hall be a Lieutenant Governor, who hall be elected at the same time for the ame term, and in the same manner a the Gov rnor. H hall be Pre ident of the enate, and hall receive the um of $2,000.00 per annum. In ca e of the death, re...iO'nation, or disability of the Governor, the Lieutenant Governor shall exerci e the executive power and receive the compen ation of the Governor until the next O'eneral election for member of the General As embly, at which a ucce or to the Governor shall be elected for th unexpired term; but if such death re iO'nation, or di ability hall occur within thirty day of the next o'eneral election, or if the term will expire within ninety day after the next general election tb Lieutenant Governor shall exercise
32

the executiv power and re eive the compen ation of the Governor for the unexpired term. If the Lieutenant Governor hall b come a candidate for the unexpired term of the Governor, he hall thereby l' ign hi office a Lieutenant Governor effective upon the qualification of th Gov rnor I cted for the unexpired t rm, and his u ce or for the unexpired term hall be elected at uch election. In ca e of the death, re ignation, or di ability of both the Governor and the Lieutenant Governor, the

Speaker of the Hou e of Repre entative hall exerci e the executive power until th removal of the di ability or the election and qualification of a Governor at a pecial election, which hall be held within ixt day from the date on which th peak l' of the Hou e of Repre entative hall as ume the executive power. A Lieutenant Governor hall be lected at the g neral election in 1946 and han qualify at the arne time a the

Go ernor. ntil the qualification of a Lieutenant Governor the provi ion of Arti Ie , ection I, Paragraph VIII of the on titution of Georgia of 1 77 han remain of full force and effect.

Paragraph VIII. Unexpired terms, filling of. The

General A embl hall have power to provide by law, for filling unexpired term by p cial ele tion, x ept a provided in thi on titution.

Paragraph IX. Oath of office. The Governor hall,

before he enter on the dutie of hi office, take the fol10winO' oath or affirmation: "I do olemnly wear (or af-

firm, as the ca e may be) that I will faithfully execute the office of Governor of th tate of GeorO'ia, and will,

to the be t of my ability, pre erve, protect, and defend

the onstitution thereof, and the onstitution of the nited tate of America."

Paragraph

Commander-in-chief. The Governor

shall be commander-in-chief of the army and navy of this

tate, and of the militia thereof.

Paragraph XI. Reprieves and pardons; State Board

33

of Pardons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the tate, until the tate Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. pon conviction for treason the Governor may only uspend the execution of the sentence and report the ca e to the General As embly at the next meeting thereof, when the General As embly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or su pension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and hall be a conservator of the peace throughout the tate. There shall be a tate Board of Pardon and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the enate. Appointments made at times when the enate is not in session shall be effective ad interim. The first members shall be appointed for terms of three, five, and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of an unexpired term. The Governor shall not be a member of the tate Board of Pardons and Paroles. The members of the tate Board of Pardons and Paroles shall each receive an annual salary of $5,000.00, payable monthly. The State Board of Par-
dons and Paroles shall have power to grant reprieves,
pardons and paroles, to commute penalties, remove dis-
abilities imposed by law, and may remit any part of a
sentence for any offense against the tate, after convic-
34

tion except in cases of treason or impeac~ent, and except in cases in which the Governor refuses to suspend a entence of death. Provided that such board shall act on all applications within 90 days from the .filing of same, and in all ca es a majority shall decide the action of the Board. E cept if any member for any cause is unable to erve in any ca e involving capital punishment, the Governor shall act as the third member of said Board and the action 0 taken in uch in tance shall be by unanimous vote. The tate Board of Pardon and Paroles shall at each se sion of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remi "ion of sentences granted, tating the name of the convict, the offen e for which he wa convicted, the entence and its date, the date of the pardon, parole, commutation, removal of disabilities or remis ion of sentence and the reasons for granting the ame, and the tate Board of Pardons and Parole may make rules and regulations as may be authorized by law.. The first Board of Pardons and Paroles under this provision may be tho e in office under an act of the General A sembly creating such a Board existina at the time of the adoption of this amendment which, if 0 exi tina hall be in lieu of uch a Board to be created by the General A sembly sub equent to the adoption of this amendment, and which Board shall hav~ all the right, privileges, powers, and duties the same as if it wa 0 ubsequently created, and the terms of members of such Board shall date from the time specified in th exi ting ct of the General mbl~. The General A sembly may enact laws in aid of, but not incon istent with, this amendment.
Paraaraph XII. Writs of election; called sessions of the General Assembly. The Governor hall i sue writs of election to fill all vacancie that may happen in the
enate and the Rou e of Repre entatives, and shall give the General A embly, from time to time, information of
35

the State of the Commonwealth, and recommend to their consideration such measures a 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 at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation conveninO' them; ProvidinO' that such called e sion of the General '"' embly hall not exceed 70 day in length, unle at th xpiration of aid period there shall be pending an im! ea hment trial of some officer of the Stat Government in which the General A sembly will be authorized to remain in e ion until
uch trial hall have been completed.
Provided, however, that when three-fifths of the members elected to the House of Representatives and threefifth of the member elected to the Senate hall have certified to the Governor of the tate of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it 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 ession for all purposes; and in the event said Governor hall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular ses ion, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless at the expiration of said period, there hall be pending an impeachment trial of orne officer of the State Government, in which event the General sembly shall be authorized to remain in e ion until uch trial shall have been completed.
The members of the General Assembly shall receive the same per diem and mileage during such extraordinary
36

se sion as i now or may be hereafter provided.
Paragraph XllI. Filling vacancies. When any office hall become vacant, by death, re ignation, or otherwise, the Governor hall have power to fill uch vacancy unleu otherwise provided by law; and per ons so appointed shall continue in office until a ucce or i commi ioned, agreeably to the mode pointed out by thi Con titution, or by law in pur uance thereof.
Paragraph XIV. Appointments rejected. A person once rejected by the enate, hall not be reappointed by the Governor to the arne office during the same ession, or the reces thereafter.
Paragraph XV. Governor's veto. The Governor shall have the revision of all bills pa ed by the General ssembly before the arne hall become law, but two-thirds of each hou e may pa a law notwithstanding his di sent; and if any bill hould not be returned by the Governor within five days ( unday excepted) after it has been pre ented to him, the arne hall be a law; unless the General A embly, by their adjournment, hall prevent its return. He may approve any appropriation, and di approve any other appropriation, in the same bill, and the latter shall not be effectual, unle pa ed by two-thirds of each House.
Paragraph XVI. Governor to approve resolutions, etc. Every vote, re olution, or order, to which the concurrence of both hOll e may be nece ary except on a que tion of election or adjournment, shall be preuented to the Govrnor, and before it hall take effect be approved by him, or, being disapproved hall be repassed by two-thirds of each hou e, provided, however, that nothinO' contained in thi Article hall be con trued to confer on the Governor the right to veto or enter hi di approval of any propo al made by the General embly to amend this onstitution:
37

Paragraph XVII. Information from officers and employees; suspension of officers. The Governor may require information in writing from Con titutional officers, department heads, and all tate employees, on any subject relating to the duties of their re pective offices or employment. The General As embly hall have authority to provide by law for the suspension of any Constitutional officer or department head from the di charge of the duties of his office, and al 0 for the appointment of a suitable person to discharge the duties of the same.
Section II.
Other Executive Officers.
Paragraph I. Executive Officers, How Elected. The ecretary of tate, ttorney General tate chool uperintendent, omptroller General, Tr a urer, ommi ioner of Agriculture, and Commi ioner of Labor shall be elected by the per on qualified to vote for members of the General embly at the ame time, and in the same manner a the Governor. The provi ions of the Con titution a to the tran mi ion of the returns of the election, counting the vote, declaring the re ult decidinO' when there i no el ction, and when there i a conte ted election, applicable to the election of Governor, hall apply to the el ction of the above named executive officer ; they hall be commi ioned by the Governor and hold their offices for the same time a the Governor.
Paragraph II. Duties, Authority, and Salaries of Other Executive Officers. The General A sembly hall have power to prescribe the duties, authority, and alaries of the executive officers, and to provide help and expenses necessary for the operation of the department of each.
Paragraph ill. Profit From Use of Public Money. No State official shall be allowed, directly or indirectly, to receive an fee, interest, or reward from any per on,
38

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. 0 person shall be eligible to the office of the Secretary of State, Attorney General, State chool Superintendent, Comptroller General, Treasurer Commissioner of Agriculture, and Commis ioner of Labor, unless he shall have been a citizen of the nited tates for ten years and hall have resided in this tate for i.x year next preceding his election, and shall be twenty-five years of age when elected. All of aid officer hall give bond and security, under regulation to be pre cribed by law, for the faithful discharge of their dutie .
Paragraph V. Fees and Perquisites Denied. Notate official named in Paragraph I of thi ection shall be allowed any fee perquisite or compen ation other than their alaries as prescribed by law, except their necesary expen es when absent from the eat of government on bu ine for the tate.
Section III.
Paragraph I. Great sea!; what constitutes; custody; when affixed to instruments. The great seal of the tate shall be deposited in the office of the ecretary of tate and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law.
Section IV.
Paragraph I. Game and Fish Commission. There is hereby created a tate Game and Fish Commission. Said Commission shall consist of one member from each
ongressional District in this State, and one additional
39

member from one of the following named countie , towit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden. The first members of the Commission shall consist of those in office at the time this Constitution is adopted, with terms provided by law. Thereafter, all succeeding appointments shall be made by the Governor and confirmed by the Senate for a term of seven year from the expiration of the previou term. All members of the Commission shall hold office until their successors are appointed and qualified. "' acancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment.
The Commission shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly.
Section V.
State Board of Corrections.
Paragraph 1. State Board of Corrections j How Composed, Director. There hall be a tate Board of Correction compo ed of five member in charge of t4e tate Penal System. The Board hall 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 con ent of the enate. The fir t appointment shall be for term of one, two, three, four and five year and their ucce ors shall be appointed for terms of five years each. The compensation of the Director and member of th Board hall be fixed by law.
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Section VI.
State Department of Vetera.ns Service.
ParaoTaph I. Veterans Service Board; How Composed; Director. There hall be a tate Department of Yeteran ervice and \reteran ervice Board compoEed of even member, who hall have u h ontrol, dutie , power and juri diction of th tate Department of Veteran Service a hall be pI'ovid d by law. aid Board hall appoint a director who hall be the executiv officer of the Department. :JI mber of th Board hall b appoint d by the Governor with the advice and con ent of th enate and all m mb I' of the Board and the Director hall be v teran of orne war in whi h the nit d tate ha enoaged.
The fir tap} ointm nt hall b for term of one, two three, four five, ix and ev n year. Thereafter all t I'm and aI pointm nt , except in ca of vacancy hall be for even y ar . Yacan ie hall be fill d by appointm nt of the Governor.
Article VI.
Judiciary. Section I.
Paragraph I. Courts Enumerated. The judicial powers of this tate shall be ve ted in a upreme oud, a Court of Appeal, uperior ourt ourt of Ordinary, Ju tice of the Peace, Jotarie Public who are ex-officio Ju tice of the Peace, and uch other ourt as have been or may be eutabli hed by law.
Section II.
ParalITaph 1. Supreme Court Justices; Quorum. The upreme Court sh~ll con ist of seven as ociate justices, who hall from time to time as they may deem proper, elect one of their member as Chief J u tice, and one as
41

Presiding Justice; the office of Chief Justice as it has heretofore existed under this Constitution being hereby converted into the office of an associate justice, with the same right of incumbency and the same succession as to terms, as applied to the former office. The Chief Justice 80 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 dutie devolving upon the Ohief Ju tice, when he is absent or disqualified.' A majority of the court shall constitute a quorum.
Paragraph II. Court to Designate Judges to Preside, When; Means for Supreme Court to Prevent Delay in Congested Dockets. When one or more of the Justices of the Supreme Oourt are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court to preside in said case, provided, that if all the justices are disqualified, they or 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.
Paragraph III. Terms of Office. The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly; provided, that the successors to the two incumbents whose terms will expire on December 31, 1946, shall be elected for the succeeding terms at the time of electing members of the General Assembly during that year; successors to the two incumbents whose terms will expire on December 31,194 , hall be elected in like manner during that 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 addi-
42

tional or seventh Justice shall be immediately appointed by the Governor, his tenure under such appointment to expire on December 31, 1946 and his successor for the ensuing regular term of six years to be elected at the time and in the manner afore aid at such general election to be held during that year; and all terms (except unexpired term ) shall be for six year. In case of any vacancy which cause an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor hall hold hi office until the next regular election, and until his ucce or for the balance of the unexpired term shall have been elected and qualified. The returns of uch elections hall be made to the ecretary of tate, who hall certify the result to the Governor, and commi sion shall is ue accordingly.
Paragraph IV. Jurisdiction of Supreme Court. The upreme Court hall have no original jurisdiction but shall be a court alone for the trial and correction of error of law from the superior courts and the city courts of Atlanta and avannah. a en ted on uO'u t 16, 1916, and uch oth r like court a have been or may hereafter be e tabli hed in oth I' citie , in all ca e that involve the con truction of the onstitution of the tate of Georgia or of the nited tate or of treatie between the nited tate and for ion O'overnment . in all ca e in which the con titutionality of an law of the tate of Georgia or of the nited tate i drawn in que tion; and, until otherwi e provided by law in all ca e re pectinO" title to land in all equity ca e ; in all ca.. e whi h involve the validity of, or the con truction of will .; in all cases of conviction of a capital felon ; in all habea corpu ca e ; in all ca es involving extraordinary rem dies; in all divorce and alimony ca e , and in all ca e c rtifi d to it by the ourt of Appeal for it.. determination. It hall al 0 be compet nt for the upreme Court to require by certiorari or otherwi e an ca e to be certifi d to the upreme ourt from the Court of pp al for review and determination
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with the am power and authority a if the ca e had been carri d by writ of error to the upI'm ourt. An ca e arried to the uprem ourt or to th ourt of ppeal, whi h belong to the la of which th other court ha juri diction, hall, until otherwi provided b law be transferred to th other court under uch rule.. a the
upreme ourt rna pI' cribe, and the ca e 0 transferred hall be heard and det rmined by th ourt which ha juri diction thereof. The Gen ral mbly may provide for can)7ing ca e or certain cIa e of ca e to the
upreme ourt and th ourt of ppeal from th trial coud otherwi e than by writ of error, and rna pre cribe condition a to the right of a party litio'ant to have hi ca e reviewed by the upreme Court or ourt of pp also The Supreme Court hall al 0 have juri di tion of and hall decide ca tran f rr d to it by the OUl't of App al b cau e of an equal divi ion between the judge of that ourt wh n ittino- a a body for th determination of ca e .
Paragraph Cases, how disposed of. The Ul reme Court and the Court of Appeals shall di po e of every case at the term for which it is entered on the court's docket for hearing, a provided by Paragraph VITI of thi Article and ection, or at the next term. If the plaintiff in error shall not be prepared to pro ecute the ca e at the term for which it is so entered for hearing, unle s prevented by providential cause, it hall be stricken from the docket and the judgment below hall stand affirmed. 0 writ of error shall be dismis ed because of delay in transmission
of the bill of exceptions ~nd 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 uch delay. othing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability re ulting therefrom.
Paragraph VI. Judgments may be withheld. In any
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case the Court may in its discretion withhold its judgment until the next term after 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 ca e when itting in a body, under u h reO'ulation a may b pre rib d by it.
Paragraph VIII. Court of Appeals. The ourt of Appeal hall con i t of the Judge provided therefor by law at the time of the ratification of thi amendment, and of uch additional Judge a the General A sembly hall from time to time pre cribe. All term of the JudO'e of the Court of ppeal after the expiration of the term of the Judge provided for by law at the time of the ratification of thi amendment, ex ept un xpir d term, hall continue ix year ,and until their ucce ors are qualified. The time and manner of electing Judge , and the mode of filling a vacancy which cau es an unexpired term, hall be the same as are or may be provided for by the law relating to the election and appointment of Ju tice of the upreme ourt. The Court of ppeal shall have jurisdiction for the trial and correction of error", of law from the uperior court and from the ity Court of
tlanta and avannah, a they xi d on uoou t 19, 1916 and uch oth l' like court a have been or may hereafter b e tabli hed in other itie, in all a e in which u h juri diction ha not b en conf rred by thi
on titution upon the UpI' me ourt, and in u h other ca e a may hereafter be pre cribed b 0 law; except that where a ca e i I endinoo in the ourt of pp als and th ourt of PI aL de ir in tru tion from the
upreme Court. it may certify the arne to the upreme ourt, and ther ulon a tran riI t of the record shall be tran mitted to the upreme Court, which after having afforded to the partie an opportunity to be heard thereon, shall in truct the Court of Appeal on the question 0 certified, and the Court of Appeals shall be bound by the in truction 0 given. But if by rea on of equal
45

division of opinion among the Ju tices of the upreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the upreme Court by the Court of ppeal, and the sub equent proceeding in regard to the arne in the
upreme Court, shall be a the upreme Court hall by its rule pre cribed, until otherwi~e provided by law. 0 affirmance of the judgment of the eourt below in cases pending in the Court of Appeal shall result from delay in di po ing of que tions or ca e certified from the Court of Appeal to the upreme ourt, or as to which uch certificate ha been required by the upreme Court as hereinbefore provided. All writ of error in the upreme Court or the Court of Appeal , when received by its clerk during a term of the Court and before the docket of the term is by order of the Court clo ed, shall be entered thereon, and when received at any other time, hall be entered on the docket of the ne -t term; and they hall stand for hearing at the term for which they are 0 entered, under uch rules as the Court may pre cribe, until otherwi e provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the upreme Court hall be reporter of the Court of Appeal until otherwi e provided by law. The laws relating to the upreme Court as to qualifications and salaries of Judges, the designation of other Judges to pre ide when members of the Court are disqualified, the powers, ~utie, alaries, fees and terms of officers, the mode of carrying ca e to the Court, the powers, practice, procedure, time of itting, and co t of the Court, the publication of report of ca e decided therein, and in all other respects, except as otherwi e provided in this Con titution or by the law as to the Court of Appeals at the time of the ratification of thi amendment, and until otherwiEe provided by law, hall apply to the ourt of ppeal 0 far as they can be made to apply. The deci ion of the upreme Court hall bind the Court of
46

Appeal a precedents. The'Court of Appeals shall have power to hear and determine cases when sitting in a body, except a may be otherwise provided by the General A embly.
In th event of an equal divi ion of judge on any ca e when the ourt i itting a a body, the ca e hall be immediately tran ferred to the upreme Court.
Section III.
Superior Courts.
Paragraph I. Terms, etc., of Superior Court Judges. There shall be a judge of the uperior Courts for each judicial circuit, who e term of office shall be for four years, and until his succes or is qualified. He may act in other circuits when authorized by law. The legi lature shall have authority to add one or more additional judges of the superior court for any judicial circuit in thi tate, and shall have authority to regulate the manner in which the judges of uch circuit shall dispose of the bu iness thereof, and hall:fix the time at which the term or terms of office of uch additional judge or judge hall beO'in, and the manner of hi appointment or election and ",hall have authority from time to time to add to the number of uch judO'e in any judicial circuit; or to reduce the number of judO'e in any judicial circuit; provided that at all time there hall be at lea t one judge in every judicial cir uit of thi tate.
Paragraph II. Elections, when to be held. The succe SOl' to the pre ent and subsequent incumbents shall be el cted by the elector of the whole tate ntitled to vot for m mber of the General A embly, at the general election h ld for uch member , next preceding the expiration of their re pective term .
Paragraph m. Terms begin, when. The terms of the
judge to be elected under the Con titutio~ except to fill vacancie, hall begin on the fir t day of J anuary aft~r
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their election . Every vacancy occa ioned by death, re ignation, or other cau e hall be filled by appointments of the Governor until the :fir t day of January after the general election held next after the expiration of thirty days from the time uch vacancy occur, at which election a ucce or for the unexpired term hall be elected.
Section IV.
Paragraph T. Exclusive jurisdiction. The uperior Courts shall have exclu ive jurisdiction in cases of divorce; in riminal ca e where the offender i ubjected to loss of life, or confinement in the penitentiary, in cases respecting title to land, and equity case.
Paragraph II. Equity may be merged in common law courts. The General Assembly may confer upon the Courts of common law all the power heretofore exercised by Court of equity in this tate.
Paragraph ID. General jurisdiction. Said Courts shall have jurisdiction in all civil cases, except a hereinafter provided.
Paragraph IV. Appellate jurisdiction. They shaU have appellate jurisdiction in all such ca es as may be provided by law.
Paragraph V. Certiorari, mandamus, etc. They shall have power to correct error in inferior judicatories by writ of certiorari, which hall only is ue on the sanction of the Judge, and aid Court , and the judge thereof shall have power to i ue writ of mandamu , prohibition, cire facia, and all other writ that may be necessary for carrying their powers fully into effect, and shall have such other powers a are, or may be conferred on them by law.
Paragraph VI. New trials. The Superior, and ity Courts may grant new trial on legal !!round .
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Paragraph II. Judgment of the court. The Court shall render judgment without the verdict of a jury in all civil cases, except action ex delicto, where no i suable 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, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at 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.
Section V.
Paragraph 1. Judges of superior and city courts may a.lternate, 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.
Section VI.
Paragraph 1. Appeals from Ordinary. The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county, from whose decision there may be an appeal, or by consent of parties, without a decision to the Superior Court under regulations prescribed by law.
Paragraph II. Powers. The Courts of Ordinary shall
49

have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law.
The Court of Ordinary shall have jurisdiction to issue warrants, try ca e , and impose sentence thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic law , and in all ca e arising under the Compul ory School Attendanc law in all countie of this tate in which there i no city or county court, provided the defendant waiv a jury trial. Like juri diction is also conferI' d upon the judge of the police courts of inc01'porat d citie and municipal court judge for offense ari ino- und l' the act known as the Georgia tate Highway Patrol ct of 1937, and other traffic laws of the State within their re pective jurisdiction.
Paragraph m. Term of office. The Ordinary shall
hold his office for the term of four years and until hill successor is elected and qualified.
Section VII.
Justices of the Peace.
Paragraph 1. Number and Term of Office. There shall be in each militia district one justice of the peace, who e official term, except when elected to fill an unexpired term, shall be for 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 or system of courts as 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 as to subject matter now exercised
50

by justice court and by ju tices of the peace and notaries public ex-officio justices of the peace, together with such additional juri diction, either as to amount or subject-matter, a may be provided by law, whereof some other court has not exclusive jurisdiction under this Con titutionj together with uch provision as to rules and procedure in uch court , and as to new trials and the correction of error in and by aid court , and with such further provi ion for the correction of errors by the
uperior Court, or Court of Appeal, or the Supreme Court, as the General A embly may, from time to time, in its di cretion, provide or authorize. Any court so established hall not be ubj ct to the rule of uniformity laid down in Paragraph I of ection IX of rticle VI of the Con titution of Georgia: Provided. however, that the General embly may, in it discretion, abolish justice courts and the office of ju tice of the peace and notary public x-officio ju tice of the peace in any county in thi tate having within it border a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or court or y tem of courts as the General Assembly may, in its discretion, deem necessarYj or conferring upon exi ting court , by exten ion of their jurisdiction a to ubject matter now exercised by justice courts and by ju tice of the peace and notaries public ex-officio ju tice of the peacej together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof ome other court has not exclusive juri diction under thi Constitution j together al 0 with uch provision as to rules and procedure in uch court and a to new trial and the correction of error in and by aid court , and with such further provi ion for the correction of errors by the superior court or the ourt of Appeals or the Supreme Court as the General As embly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have juri diction in Fulton County and
51

outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia.
Paragraph n. Jurisdiction. Justices of the peace
shall have jurisdiction in all civil ca es arising ex contractu and in ca e of injury or damage to and conversion of perEonal property, when the principal urn does not exceed two hundred dollar ,and hall it monthly at fixed times and places but in all ca es there may be an appeal to a jury in aid ourt, or an appeal to the Superior Court under uch relYulation a may be pre cribed by law.
Paragraph m. Elections and commissions. Justices
of the peace shall be elected by the legal voters in their respective district , and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office.
Section VIII.
Notaries Public.
Paragraph 1. Appointment; number; term; removal. Commissioned notarie public, not to exceed one for each militia di trict, may be appointed by the judges of the superior court in their re pectiv circuit, upon recommendation of the grand jurie of the everal counties. They hall be commi' ioned by the Governor for the term of four years and hall be ex-officio justice of the peace, and shall be removable on conviction for malpractice in office.
Section IX.
Uniformity of Courts.
Paragraph 1. Uniformity provided for. Except as otherwise provided in this Constitution, the jurisdiction,
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powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts) of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly, and in case of City Courts, may be established by the General Assembly.
Section X.
Attorney General.
Paragraph I. Election; term of office. There shall be an Attorney General of this State, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor.
Paragraph II. Duties. It shall be the duty of the Attorney General to act as the legal adviser of the Executive Department, to represent the State in the Supreme Court in all Capital felonie ; and in all Civil and Criminal Cases in any Court when required by the Governor and to perform such other services as shall be required of him by law.
Section XI.
Solicitors General.
Paragraph 1. 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 succes ors of present and sub equent incumbents shall be elected by the electors of the whole tate, qualified to vote for members of the General Assembly, at 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 first day of January after the general election held next after the expiration
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of 30 days from the time such vacancy occurs, at whicb election a successor for the unexpired term shall be elected.
Paragraph II. Duties. It shall be tbe duty of the Solicitor General to represent the tate in all cases in the Superior Courts of hi Circuit and in all cases taken up from the superior courts of his Circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of bim by law.
Section XII.
Salaries of Justices, Judges and Solicitors General.
Paragraph 1. Salaries of Justices, Judges and Solicitors General. The J u ti e of the Supreme ourt each hall have out of tb tr a ury of the tate alaries of $ ,000 per annum; the Judge of the ourt of ppeal each shall have out of the trea ury of the tate alarie of ,000 per annum, the Judo'e of the uperior ourt each hall have out of the trea ur of the tate alarie of $6,000 per annum and the olicitor General hall each have out of the trea ury of the tate a alary of 250.00 per annum with the riO'ht of the Gen ral A embly to authorize any county to uppJement the aJary of a judO'e of the uperior Court and olicitor General of the Judicial ircuit in whi h uch county lie, out of county fund, provided, however, where uch alary i , at the time of the adoption of thi on titution, b inO' upplemented out of county fund under exi tinO' Jaw, uch laws hall remain in force until altered by the General As embly. Provided further, that the Board of ounty ommisioner of Ri hmond ounty, or the Ordinary, or uch other board or person a may from time to time have charge of the :fi cal affair of aid county, hall without further leO'i lative action continue to supplement from said County' trea ury, the salary of the Judge of uperior Court of the circuit of which the aid County of
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Richmond is a part, by the sum of Two Thou and ($2,000) Dollars per annum, which shall be in addition to the amount received by said judge out of the tate trea urYi and such payment are declared to be a part of the court expen es of said County and uch payment shall be made to the judge now in office during hi present or ubsequent terms, as well as to hi uccessors, with the authority in the General A embly to increase such salary from the County treasury as above provided.
Paragraph II. Powers to abolish or reinstate fees of Solicitor General. The General Assembly shall have power, at any time, by a majority vote of each branch, to aboli h the fees at pre ent accruing to the office of solicitor general in any particular judicial circuit, and in Ii u thereof to prescribe a salary for such office, without regard to the uniformity of such alarie in the variou circuit; and shall have the further power to determine what di position 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 aboli hed; and likewise shall have the further power, if it so desires, to abolish such salary and ree tabli h 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.
Section XIII.
Qualifications of Justices, Judges, Etc.
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, at 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 for seven years; and no person shall be hereafter elected Solicitor General, unless at the time of his election he shall have attained
55

twenty-five 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.
Section XIV.
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 an action for divorce in any county adjacent to said United States Army Post or military reservation.
Paragraph II. Land titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a ingle tract i divided by a county line, in which case the Superior Court of either county shall have jurisdiction.
Paragraph III. 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.
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Paragraph VI. All other cases. All other civil cases shall bQ 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.
Section XV.
Change of Venue.
Paragraph 1. 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 as has been, or shall be, provided by law.
Section XVI.
Jury Trial.
Paragraph 1. 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 traver e jury, except in the superior court.
Paragraph n. Selection of jurors. The General As-
sembly shall provide. by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Neverthele s, the grand jurors shall be competent to erve as traver e juror . The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe.
Paragraph m. Compensation of jurors. It shall be
the duty of tbe General Assembly by general laws to prescribe the manner of fixing compensation of jurors in aU countie iu this State.
57

Section XVII.
County Commissioners.
Paragraph I. Power to create County Commissioners. The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their dutie .
Section XVIII.
What Courts May Be Abolished.
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 at the discretion of the General Assembly.
Paragraph II. Supreme Court cost. Pauper oath. The co t in the upreme ourt and ourt of ppeals shall not exceed 15.00 until otherwi e provided by law. Plaintiffs in error shall not be required to pay cost in aid court when the u ual paup r oath i filed in the court below.
Article VII.
Finance, Taxation and Public Debt.
Section I.
Power of Taxation.
Paragraph 1. Taxation, a sovereign right. The right of taxation is a sovereign right - inalienable, inde tructible - is the life of the tate, and riO"htfully belongs to the people in all Republican governments, and neither the General Assembly, nor any, nor all other departments of the Government establi hed by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all law , grant, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall
58

be, and are hereby, declared to be null and void, for every purpose what oever; 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 A sembly.
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 II. Taxing power limited.
1. The General Assembly shall not by vote, re olution or order, grant any donation or gratuity in favor of any person, corporation or association.
2. The General Assembly shall not grant or 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 for anyone year by the General Assembly for all purposes, except to provide for repelling invasions, suppres ing in urrections, or defending the State in time of war, shall not exceed :five (5) mills on each dollar of the value of the property taxable in the State.
4. No poll tax shall be levied to exceed one dollar annually upon each poll.
Paragraph III. Uniformity; classification of property. All taxes shall be levied and collected under general laws and for public purposes only. All taxation hall be uniform upon the same clas of ubjects within the territorial limits of the authority levying the tax. CIa es of subjects for taxation of property hall consi t of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to cla ify property including money for
59

taxation, and to adopt different rates and different methods for different classes of such property.
Paragraph IV. ExemptiollB from taxation. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in tru t for the exclusive benefit of, religiou , educational and charitable in" titution , no part of the net profit from the operation of which can inure to the benefit of any private per on; all building erected for and u ed a a college, incorporated academy or other eminary of learning, and also all fund or prop rty held or u ed as endowment by uch colleges, incorporated academies or seminaries of learning, provided the arne i not inve ted in real estate; and provided, further, that aid exemption shall only apply to uch college, incorporated academies or other eminarie of learning a are open to the general public; provided further, that all endowment to institutions e tabli hed for white people, shall be limited to white people, and all endowment to in titutions e tabli hed for colored people, hall be limited to colored people' the real and per onal e tate of any public library, and that of any other literary a ociation, u ed by or connected with uch library; all book and philosophical apparatu and all painting and statuary of any company or au ociation, kept in a public hall and not held as merchandi",e or for purpo es of sale or gain; provided the property 0 exempted be not u ed for 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 purpose , or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those
60

used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this tate and remaining in the hands of the producer, but not longer than for the year next after their production.
All personal clothing, hou ehold and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implement of trade of manual laborers, but not including motor vehicles, are exempted from all tate. County, Municipal and School District ad valorem taxes, in an amount not to exceed $300.00 in actual value.
The homestead of each re ident of Georgia actually occupied by the owner as a residence and home tead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valor m taxation for tate, county and chool purpo e ,except taxe levied by municipalities for chool purpo e and except to pay interest on and retir bonded indebtedne , provided, however, hould the owner of a dwelling hou e on a farm, who i already entitled to home tead exemption, participate in the program of rural hou ing and obtain a new hou e under contract with the local houving authority, he hall be ntitled to receive the same homestead exemption as allowed before makinO' uch contract. The General Asembly may from time to time lower aid exemption to not Ie than $1250.00. The value of all property in excess of the foregoing exemption hall remain subject to taxation. aid exemption hall be returned and claimed in
61

such manner a pre crib d by the G neral As embly. The exemption herein provided for hall not apply to taxes levied by municipalitie .
All cooperative, non-profit, member hip corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in sub-section 1 of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for uch purpo e, are hereb exempted from all taxation, state, county, municipal, chool district and political or territorial ubdivi ion of the tate having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961.
There hall be exempt from all ad valorem intangible taxes in thi tate, the common voting tock of a subsidiary corporation not doing busine in this State, if at least ninety per cent of ",uch common voting tock is owned by a Georgia corporation with its principal place of business located in this tate and was acquired or is held for the purpo e of enabling the parent company to carry on some part of its establi hed line of bu iness through such subsidiary.
Alilaw exempting property from taxation, other than the property herein enumerated, hall be void.
Paragraph V. Exemptions of certain industries continued. Exi ting exemptions under the amendment to the Con titution providinO" for the exemption of certain industries from taxation appearing in Act of the General Assembly of 1923, extra se sion, page 67, ratified ovembel' 4, 1924, shall continue of force until the expiration of the term for which granted.
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Section II.
Purpo~es ,and Method of Taxation.
Paragraph 1. Taxation, how and for what purposes exercised. The powers of taxation over the whole State shall be exerci ed by the General A sembly for the following purposes only:
1. For the support of the tate Government and the public in titution .
2. For educational purposes.
3. To pay the principal and the interest on the public debt, and to provide a inking 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-Oonfederate oldier and to the widows of Oonfederate soldiers who were married to such soldiers prior to J anuary 1,1920, and who are unmarried.
6. To con truct and maintain tate buildings and a system of tate highway , airport , 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 per on shall be entitled to the a i tance herein authorized, who does not qualify for such provi ion in every respect, in accordance with enactment of the General ssembly, 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 taxe lawfully levied each fiscal year under Acts of the General A sembly authorized hereunder for such purpo es.
8. To advertise and promote the agricultural, indus-
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trial, historic, recreational and natural resources of the State of Georgia.
9. For public health purposes.
Paragraph II. Teacher retirement system - taxation for. The powers of taxation may be exercised by the State through the General As embly and by counties and municipalities, for the purpose 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 for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of t1ie General assembly authorized hereunder.
Paragraph III. Revenue to be paid into general fund. All money collected from taxes, fees and assessments for State purposes, a authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the tate Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this eetion and for these purposes only.
Paragraph IV. Tax returns of public utilities. The General A sembly may provide for a different method and time of return , asses ments, payment and collection of ad valorem tax , of public utilitie , but not at a greater ba i of value or at a hiO'her rate of taxation than other propertie .
Section III.
State Debt.
Paragraph 1. Purposes for which contracted. No debt shall be contracted by, or on behalf of, the State, except to supply such temporary deficit as may exist in the treasury in any year for nece sary delay in collecting the taxes of that year, to repel invasion, suppress insurrection and defend the tate in time of war, or to pay the
64

existing public debt; but the debt created to supply deficiencies in revenue hall not exceed, in the aggregate, five hundred thousand dollar , and any loan made for this purpo e shall be repaid out of the taxes levied for the year in which the loan i made. However, said debt may be increased in the sum of three million, five hundred thousand dollars for the payment of the public school teachers of the State only. The principal amount borrowed for payment of teacher hall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State.
Paragraph II. Bonded debt increased, when. The bonded debt of the State shall never he increased, except to repel invasion, uppre in urrection or defend the
tate in time of war.
Paragraph III. Form of laws to borrow money. All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be u ed for the purpose specified and for no other.
Paragraph IV. State aid forbidden. The credit of the tate shall not be pledo-ed or loaned to any individual, company, corporation or as ociation and the tate hall not become a joint owner or stockholder in or with, any individual, company, a ociation or corporation.
Paragraph V. Assumption of debts forbidden. The State shall not a ume the debt, nor any part thereof, of any county, municipal corporation or political ubdivision of the State, unless such debt be contracted to enable the tate to repel invasion, suppre in urrection or defend it elf in time of war: Provided, however, that 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 at page 97, which amend-
65

ment was ratified on ovember 8,1932, and which amendment provided for the assumption by the State, of indebtedness of the several counties of the State, as well as that of the Coastal Highway District, and the assessments made against the counties of said district for the construction and paving of the public roads or highways, including bridge, of the tate, under certain conditions and for the issuance of certificates of indebtedness for 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 any officer of State or county, or member or officer of the General A embly of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable as 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 or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General A sembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor hall the General Assembly have authority to pay any of the obligation created by the State under laws passed during the late war between the States, nor any of the bond, notes or obliO'ations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the nited States and the Confederate tates; nor shall the General Assembly
66

pass any law, or the Governor or any other State official, enter into any contract or a!ITeement whereby the tate shall be made a party to any suit in any court of this State, or of the United States instituted to te t the validity of any such bond, or obligations.
Paragraph VIII. Sale of State's property to pay bonded debt. The proceeds of the sale of the We tern and Atlantic railroad, and any other property owned by the
tate, whenever the General embly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, 0 long as the State has any existing bonded debt; provided that the proceeds of the ale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged in preference to all other bond.
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 as are neces ary to pay the intere t on the public debt and the principal of the public debt maturing in such year and to provide a inking fund to payoff and retire the bond of the tate which have not then matured. The amount of such annual levy hall be determined after con ideration of the amount then held in the inking fund. The taxe levied for ",uch purpo es and the aid sinkinlT fund, hall be applied to no other purpose whatever. The fund in the aid inkinlT fund may be invested in the bond of the tate, and aloin bond and ecurities i ued by th Federal Government and ub",idiari of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the fund in the inking fund may be loaned by the Treasurer of the tate, with the approval of the Governor, upon terms to be fixed by such official and when amply secured by bond of the tate or Federal Government.
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Section IV.
Taxation by 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 out ide of independent school tern, a provided in Article 8 of thi Con titution.
4. To build and repair the public building and bridges.
5. To pay the expenses of courts, the maintenance and support of pri oners 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 pre ervation of records of vital statistics.
8. To pay county police.
9. To support pauper .
10. To pay county agricultural and home demonstration agent.
11. To provide for payment of old age assistance to aged person in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefit, provided that no per on hall be entitled to the as istance herein authorized who does not qualify for such assistance in every re pect, in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for bene-
68

ficiaries hereunder; provided no indebtednes or liability against the county shall ever be created for the purpose herein tated, in exce s of the taxe lawfully levied each fiscal year under acts of the General Assembly authorized hereunder for uch purposes.
12. To provide for fire protection of forest lands and for the further con ervation of natural resources.
13. To provide medical or other care, and hospitalization, for the indigent ick people of the county.
14. To acquire, improve and maintain airport, public park , and public librarie .
15. To provide for workmen' compen ation and retirement or P n ion fund for officer and employee .
16. To provide rea onable re erv s for public improvement a may be fixed b law.
Paragraph II. Districting of counties. The General A embly may di tri t the t rritor of any county, outide the limit of incorporated municipaliti , for the purpo e of providino- <) tern of wat rwork, ewerage, anitation, and fire prote tion' and authorize u h counti to levy a tax only upon the taxable property in uch di trict for the purp e of con tructing and maintaininO' uch improvement.
Section V.
Paragraph I. Taxing power and contributions of counties, cities and political division restricted. The General As embly hall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwi e, to become a tockholder in any company, corporation or as ociation, or to appropriate money for, or to loan its credit to any corporation, company, as ociation, institution or individual except for purely charitable purposes. This re triction shall not op-
69

erate to prevent the support of schools by municipal corporation within their re pective limits.
Section VI.
Paragraph 1. Contracts for use of public facilities. (a) The tate, tate in titution , any city, town, municipality or county of thi tate may ontract for any period not exceeding fifty year , with each other or with any public agency, public corporation or authority now or hereafter created for the u.. e by uch ubdivi ion or the re id nt th reof of any facilitie or ervice of the tate, tate in titution ,any ity, town, municipality, county, public ag n y, publi corporation or authority, provided uch contract shall deal with u h a tivitie and tran action a uch ubdivi ion are by law authorized to undertake.
(b) Any city, town, municipality or county of this State is empowered, in connection with any contract authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, en ting facilities operated by such city, town, municipality or county for the benefit of residents of such subdivi ion, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledO'ed 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 purpo e for which such facilities were operated by such city, town, municipality or county. othing in thi ection shall re trict the pledging of revenue of such facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent
70

sick, and may as a part 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 or authority, and provide for 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 any other sources.
Section VII.
Limitation on County and Municipal Debts.
Paragraph I. Debts of counties and cities. The debt hereafter incurred by any county, municipal corporation or political division of this State except as 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 casual deficiencies of revenue, not to exceed onefifth of one per centum of the asses ed value of the taxable property therein, without the a sent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as 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 pas upon the issuance of bonds by such counties, municipal corporations and other political divi ions are hereby declared to be null and void; and the General Assembly shall hereafter have no power tE> pas or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations
71

or other political divi ion made prior to January 1, 1945, shall not be affected hereby provided, that any county or municipality of thi tate 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 drawing, specifications, procedures, and other action preliminary to the construction of public works, and where the fund 0 u ed for the purposes specified are to be repaid within a period of ten years.
Paragraph II. Levy of taxes to pay bonds. Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax ufficient in amount to pay the principal and interest of aid debt, within thirty years from the date of the incurring of aid indebtedness.
Paragraph III. Additional debt authorized when. In addition to th debt autborized in Paragraph I of this section, to be created by any county, municipal corporation or political subdivision of this tate, a debt may be incurred by any county, municipal corporation or political subdivision of this tate, in exce of even per centum of the as eused value of all the taxable property therein, upon the following conditions: uch additional debt, whether incurred at one or more time, shall not exceed in the aggregate, three per centum of the asses ed value of all the taxable property in such county, municipality or political subdivision; uch additional debt shall be payable in equal in tallment within tbe five year next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authoritie of such county, municipality or political subdivision prior to the issuance of uch additional debt, a tax upon all of
72

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 wh n a du; uch tax hall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax hall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedne s; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of uch additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivi ion at an election held for uch purpo e, pur uant to and in accordance with the provisions of this Constitution and of the then exi ting laws for the creation of a debt by ountie, municipal corporation, and political subdivisions of thi tate, all of which provi ions, including those for calling, advertising, holding and determining the result of, such election and the vote~ nece sary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtednes .
Paragraph IV. Temporary loans authorized; conditions. In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the tate authorized to levy taxes, is given the authority to make temporary loans between January 1st and December 31 t in each year to pay expen...es for uch year, upon the following conditions: The aggregate amount of all such loan of uch county, municipality or political subdivision outstanding at anyone time, hall not exceed seventy-five per centum of the total gro income of such county, municipality or political subdivision, from taxes collected by such county, municipality or political subdivi ion in the last preceding year. Each such loan shall be payable on or before December 31st
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of the calendar year in which such loan is made. 0 loan may be made in any year under the provi ions 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 fir t authorized by resolution fixing the terms of such loan, adopted by a majority vote of the governing body of uch county, city or political subdivi ion, at a meeting legally held and such resolution shall appear upon the minutes of uch meeting. 0 such county, municipality or ubdivi ion shall incur in anyone calendar year, an aggregate of uch temporary loans and other contracts or obligation for current expen e , in exce of the total anticipated revenue of such county, municipality or subdivi ion for such calendar year, or issue in one calendar year note , warrants or other evidence of such indebtedne s in a total amount in exces of such anticipated revenue for uch year.
Paragraph V. Revenue anticipation obligations. Reve.nue anticipation obligation may be i sued by any county, municipal corporation or political subdivi ion of this State, to provide fund for the purcha e or construction, in whole or in part, of any revenue-producing facility which such county, muni~ipal corporation or political subdivision is authorized by the Act of the General As8embly approved Mar h 31, 1937, known a th "The Revenue Certificate Law of 1937," a am nded by the Act approved March 14, 1939, to construct and operate, or to provide fund to extend, repair or improve any uch existing facility, and to buy, construct, extend op rate and maintain gas or electric generating and di tribution system , together with all neces ary appurtenances thereof. uch revenue anticipation obligation hall be payable, a to principal and intere t, only from revenue produced by revenue-producing faciliti of the i vuing political ubdivi ion, and hall not be d med debt of, or to create debts again t, the i uing political ubdi-
74

vlslOn within the meaning of thi paraoTaph or any other of this Con titution. Thi authority hall apply only to revenue anticipation oblio'ation i ued to provide funds for the purcha e, con truction, exten ion, repair or improvement of such facilitie and undertaking a are specifically authorized and enumerated by said ct of 1937, as amended by said Act of 1939; and to buy, contruct, extend, operate and maintain ga or electric generating and di tribution y tern, together with all nece sary appurtenance thereof; provid d further any revenue certificates is ued to buy, con truct, extend, op rate and maintain O"a or electric generating and di tribution systems hall, before being undertaken, be authorized by a majority of those voting at an election held for the purpo e in the county, municipal corporation or political subdivi ion affected, and provided further that a majority of the regi tered voter of uch county, municipal corporation or political ubdivi ion affected shall vote in aid election, the election for uch to be held in the same manner a i u ed in i uing bond of uch county, municipal corporation or political ...ubdivi ion and the aid election shall be called and provided for by officer in charO"e of the fiscal affair of aid county, municipal corporation or political ubdivi ion aff ct d; and no uch i uing political ubdivi ion of the tate hall exerci e the power of taxation for the purpo e of paying the principal or intere t of any uch revenue anticipation obligation or any part thereof.
Provided that after a favorable lection ha been held as set forth above, if municipaliti s, countie or other political subdivisions shall purcha e, con truct, or operate such electric or gas utility plants from the proceed of said revenue certificate , and extend their ervices beyond the limit of the county in which the municipality or political subdivi ion i located, then it services rendered and property located outside said
75

county shall be subject to taxation and regulation as an~ privately owned and operated utilitie .
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 dit::approve the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State i ued prior to the adoption of this Con titution, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers a to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. uch 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 Asembly may approve the issuance of the said refunding bonds under the condition stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Cont::titution for the maximum amount of bonded indebtedness which may be is ued by uch county, municipality or political subdivi ion and shall be otherwise governed by all of the terms and provision of this Con stitution. 0 bond shall be issued under this paragraph to refund any bonds issued after the adoption of this Constitution.
Paragraph VII. Refunding bonds to reduce bonded indebtedness. The General Assembly is further authorized to give to the said Commission the power and authority to approve or dit::approve the issuance of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivi ion now or hereafter issued, for the purpose of reducing the amount pay-
76

able, principal or interest, on such bonded indebtedne , and upon the condition that, the i suance of uch refunding bond will reduce the amount payable upon uch outstanding bonds; principal or interest. Such refunding bonds shall replace uch out tanding bonded indebtednes. The aid Commi ion hall have the authority to approve or disapprove the term of any such propo ed refunding bond. The General A..., embly may authorize the issuance of uch refunding bond is ued for the aid purpose, when approved by the aid Commi ion and authorized by the governing authority of uch county, municipality or subdivision, without an election by the qualified voters a otherwi e required, but in all other respects such refundinO' bonds shall comply witb the provi ion of tbi Con titution.
Section VIII.
Paragraph 1. Sinking funds for bonds. All amounts collected from any ource for the purpo e of paying the principal and intere t of any bonded indebtedne s of any county, municipalit or ubdivi ion and to provide for the retirement of uch bonded indebtednes , above the amount needed to pay the principal and intere t on uch bonded indebtedne .., due in the year of such collection, shall be placed in a inking fund to be held and u ed to payoff the principal and intere t of uch bonded indebtedness thereafter maturing.
The funds in such sinking fund hall be kept separate and apart from all other moneys of uch county, municipality or subdivi ion, and hall be u...,ed for no purpose other than that above tated. The money in uch inking fund may be invested and reinve ted by the governing authoritie of uch ounty, municiI ality or ubdivi ion or by such other authority a ha been created to hold and manage such inking fund. in the bond of uch county, municipality or subdivi ion and in bond or obligations of the State of Georgia, of tbe counties and
77

cities thereof and of the o-overnment of the nited tates, of ubsidiary corporation of the Federal Government fully guaranteed by uch government, and no other. Any per on or person violating the above provisions, ",hall be guilty of malpractice in office and hall al 0 be o-uilty of mi demeanor, and hall be punished, when convicted, as pre cribed b law for the puni hment of mi demeanor , until the General embly hall make other provi ions for the violation of the term of thi paragraph.
Section IX.
Appropriation Control.
Paragraph 1. Preparation and submission of General Appropriation Bill. Th Governor hall ubmit to the General A embly within fifteen days after it organization, a budget me age accompanied by a draft of a General Appropriation Bill, which shall provide for the appropriation of the fund nece ary to operate all the variou departm nt and ao-encie , and to meet the current expen e of the tate for the en uino- fLcal year.
Paragraph II. Continuation of General Appropriation Act. Each General ppropriation ct, with uch amendments as are adopted from time to time, shall continue in force and effect for each fi cal year thereafter until repealed or another General ppropriation ct is adopted; provided however, that 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 admini tration, limitation and restriction on the payment of appropriation and each section providing for appropriation of Federal Grants and other continuing appropriation and adjustment on appropriations shall remain in force and effect until specifically and separately repealed by the General As embly.
Paragraph ill. Other or supplementary appropria-
78

tions. In addition to the appropriations made by the General Appropriation Act and amendments thereto, the General A embly may make additional appropriations by Act, which shall be known a upplementary appropriation Acts, provided no such upplementary appropriation shall be available unle s there i an unappropriated surplus in the tate Treasury or the revenue neces ary to pay such appropriation hall have been provided by a tax laid for uch purpo e and collected into the General Fund of the tate Trea ury. Neither Hou e hall 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. The appropriation for each department, officer, bureau, board, commi ion, aO'ency or institution for which an appropriation i made, hall be for a pecific um of money, and no appropriation shall allocate to any object, the proc d of any particular tax or fund or a part or percentage thereof.
Paragraph V. Appropriations void, when. Any appropriation made in conflict with eitber of the foregoing provisions shall be void.
Section X.
Paragraph I. Existing amendments continued of force. Amendments to the Con titution of the State of Georgia of 1 77 in effect at the date of the ratification by the voters of the tate, of thi on titution, hall continue of full force and effect aft l' th ratification of thi on titution, wh re such amendments are of merely local, and not, general application in luding the amendment I ertaining to the oa tal Highway Di trict of tlli tat. There is also continued und l' thi provi ion in forc and ffect, amendment to tb on titution of 1 77 applicabl to counties and citie bavinO' a population in xce of a
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number tated in uch amendment, and amendments applicable to countie having a city wholly or partly therein with a population in exces of, or not les than a number tated in uch amendment, and amendment applicable to citie lying in two counties, where uch amendment are in force and effect at the time of the ratification of thi", on titution. Provided the amendment of Paragraph I of Section II of lhticle XI of the Constitution of 1 77 propo d by Georgia Law 1943 page 53 and ratifi. d ugu t 3,1943, authorizinO' election by the people of the ounty Board of Education of Spalding County; prescribing rule of el~gibility of member of tbe Board; providing for election by the Board of the County uperintendent of bool hall not b continued of force.
Article VIII.
Education.
Section I.
Paragrapb 1. System of common schools; free tuition, separation of races. The provi ion of an adequate education for tbe citizen hall be a primary obligation of tbe State of Georgia, the expen e of which sball be provided for by taxation. eparate cbools ball be provided for tbe wbite and colored race.
Section II.
Paragraph 1. State Board of Education; method of appointment. There hall be a tate Board of Education, composed of one member from each onO'res ional District in the tate, who ball be appointed by the Governor, by and with the advice and con ent of the enate. The Governor hall not be a member of the tate Board of Education. The first tate Board of Education under this Constitution sball consist of tho e in office at the time this Constitution is adopted, with the term provided by law. Thereafter, all succeeding appointments ball be for seven
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year term from the expiratibn of the previou term. Vacancies upon said Board cau ed 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, or from any other cause other than the expiration of such member's term of office, the Board 'shall by secret ballot elect his succes or, 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 that session. During such session of the General Assembly the Governor shall appoint the succe or member of the Board for the unexpired term and hall ubmit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are 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 at least five years preceding their appointment. 0 person employed in a professional capacity by a private or public education institution, or by the tate Department of Education, shall be eligible for 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 to membership on the Board, and if any 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 at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.
Section III.
Paragraph 1. 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 at the ame time and in the same manner and for the same term as that of the Governor.
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The tate School uperintendent hall have such qualification and hall be paid such compensation as may be fixed by law. No m mber of said Board shall be eligible for election a tate chool uperintendent during the time for which he han have been appointed.
Section IV.
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 in titutions in aid y tern hall be ve ted 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-Iarge, appointed by the Governor and confirmed by the Senateo The Governor hall not be a memb I' of the aid Board. The fir t Board of Regent under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter all succeeding appointments
hall be for even year term from the expiration of the previou term. Vacancies upon aid 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 cau e other than the expiration of such member's term of office, the Board shall by ecret ballot elect his succes or, who shall hold office until the end of the next e ion of the General Assembly, or if the General sembly be then in session to the end of that se sion. During such session of the General Assembly the Governor shall appoint the succesuor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All member of the Board of Regents shall hold office until their succes ors are appointed. The aid Board of Regents of the University
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ystem of Georgia hall have the powers and duties as provided by law existing at the time of the adoption of this Con titution, together with uch further power and dutie a may be hereafter provided by law.
Section V.
Paragraph I. County System; Board of Education; election, term, etc. Authority is granted to Counties to establish and maintain public schools within their limit . Each County, exclusive of any independent school system now in existence in a County, shall compose one school district and hall be confined to the control and management of a County Board of Education. The Grand Jury of each County hall select from the citizens of their respective Countie five freeholder, 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 Con titution hall be for uch terms that will provide for the expiration of the term of one member of the County Board of Education each year. In ca e of a vacancy on aid Board by death, re ignation of a member, or from any other cause other than the expiration of such member's term of office, the Board hall by ecret ballot elect hi succe or, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the succe SOl' member of the Board for the unexpired term. The members of the County Board of Education of such County hall be selected from that portion of the County not embraced within the territory of an independent school district.
The G neral \.. sembly shall hav authority to make provi ion for local tru tees of each hool in a county system and confer authority upon them to make recommendations a to budget and employment of teachers and other authoriz d employees.
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Section VI. Paragraph 1. 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 Ealary of the County chool Superintendent shall be fixed by law:
Section VII. Paragraph I. Independent systems continued; new systems prohibited. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the arne as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established.
Section VIII.
Paragraph 1. Meetings of Boards of Education. All official meetings of County Boards of Education shall be open to the public.
Section IX.
Paragraph I. Contracts for care of pupils. County Boards of Education and independent school syEtems may contract with each other for the education, transportation, and care of pupils.
Section X.
Paragraph I. Certain systems protected. Public schools systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.
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Section XI.
Paragraph 1. Grants, bequests and donations permitted. The tate Board of Education and the Regents of the University y tern of Georo-ia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.
Paragraph II. Grants, bequests and donations to county Boards of Education and independent school systems. otmty Board of Education and independent school y tern may accept b que t , donations and grants of land, or other property, for the u e of their re pective sy tern of education.
Section XII.
Paragraph 1. Taxation by counties for education. The fiscal authority of the everal Counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar of all taxable property in the County located outside independent school y tern . The independent school system of hatham ounty and the ityof avannah, being co-exten ive with aid County, the levy of aid tax shall be on all property in said County as recommended by the governing body of aid y tern.
Article IX.
Homesteads and Exemptions.
Section I.
Paragraph 1. Amount of homestead and exemptions. There i hereby exempt from levy and sale, by virtue of any proce whatev l' under 'the law of thi tate, the property of every head of a family, or guardian, or trustee of a family of minor children, or every ao-ed or infirm
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person, or per on having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Avsembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor.
Paragraph II. Homestead and exemption laws continued. The laws now of force with respect to homeutead and exemptions shall remain in full force until changed by law.
Article X.
Militia.
Section I.
Paragraph 1. 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 it shall consist.
Paragraph II. 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 as may be prescribed by law, and shall have authority to arm and equip the same.
Paragraph III. Pay of militia and volunteers. The officers and men of the militia and volunteer forces shall not be entitled to r!'lceive any pay, rations, or emoluments, when not in active service by authority of the State.
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Article XI.
Counties and Municipal Corporations.
Section I.
Paragraph T. Counties a corporate body; boundaries. Each county shall be a body corporate with uch powers and limitation a may be pre cribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the everal countie shall remain as now pre cribed by law, unle changed a hereinafter provided.
Paragraph n. Number limited. There hall not be
more than one hundred and fifty-nine counties in this State.
Paragraph m. 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 A embly hall have power, with the concurrence of two-third of the qualified voter of each of the countie to be affected who participate in election held for that purpo e, to provide for the con olidation 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 portion thereof into other counties.
Paragraph . Dissolution of counties; method. Any county may be di solved and merged with a contiguous county or countie by two-third of the qualified voter of each of the countie 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 A sembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the
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General Assembly may provide for Commissioners of Roads and Revenue in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurer , and may con olidate the offices of Tax Receiver and Tax Collector in the office of Tax Commissioner, and may fix his compensation, without respect to uniformity.
Paragraph VIT. 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 genera] law for that purpose.
Paragraph IX.. County sites changed; method. No county site shall be changed or removed, except by a twothirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly.
Section II.
Paragraph I. County officers; election; term.; removal; eligibility. The county officers shall be elected by the qualified voters of their respective countie 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 eligibll;! for any of the offices referred to in this paragraph unles~ he shall have been a resident of the county for two year and is a qualified voter. ,;.
. Paragraph ll. Compensation of county officers. Couri.~
ty officer may be' on a fee basis salary bi i , or fee basis
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supplemented by salary, In such m_anner as may be directed by law.
Article XII.
The Laws of General Operation in Force
In This State.
Section I.
Paragraph I. Supreme law. The laws of general operation in this tate 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 n. Second in authority. Second. As next
in authority thereto: This Constitution.
Paragraph m. Third in authority. Third. In subor-
dination 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 private persons, not inconsistent with the Supreme law, nor with this Constitution and which have not expired nor been repealed, shall have the force of tatute law, ubject to judicial decision as 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, are hereby ratified and affirmed, subject only to reversal by motion for a ne~
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trial, appeal, bill of review or other proceedings, in conformity with the law of force when they were made.
Paragraph I. 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, who e office may be aboli hed by this Constitution.
Article XIII.
Amendments to the Constitution.
Section I.
Paragraph 1. Proposed by General Assembly; submission to people. Any amendment or amendment to this Constitution may be propo ed in the Senate or House of Repre entative and if the arne hall be agreed to by two-third of the member elected to each of the two hou e , such propo ed amendment or amendments shall be entered on their journal , with the yea and nays taken thereon. The General v 'embly hall cause uch amendment or amendment to be published in one or more new papers in each ongl'e sional Di trict, for two months previous to the time of holding the next general election at which election member of the General Assembly are chosen; and if uch propo ed amendment directly affects only one or more political ubdivi ions of the State, then it shall also be advertised in the area to be directly affected thereby; and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the elector qualified to vote for members of the General Assembly voting thereon, such amendment or amendment hall become a part of this Constitution; provided that if the propo ed amendment i not one that directly affects the whole tate, but only one
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or more ubdivisions thereof, aid amendment shall not become a part of thi Con. titution unJe it receiv both a majority of the elector qualifi d to vote voting thereon in the tate a a whole, and al 0 a majority of the elector qualified to vote votinO' thereon in the particular ubdivi ion or ubdivi ions affecte.d. When more than one amendment i ubmitted at the am time they hall be o ubmitted a to enable the lector to vote on each amendment parately.
Paragraph n. Convention, how called. .r 0 convention
of the people hall be called by the General Assembiy to revise, amend or 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 as near as 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 for submission and ratification of amendment proposed by the General As embly.
Paragraph ill. 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.
Section I.
Paragraph I. State Personnel Board. A non-salaried State Personnel Board comprised of three citizens of this State, of known intere t in the improvement of public adminiutration, shall admini tel' a State :Merit Sy tern under which state per onnel hall be elected on a ba is of merit, fitness, and efficiency according to law. The members of the State Personnel Board hall be appointed
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by the Governor with the advice of the enate. The rst members shall be appointed for terms of three, ve and seven years, respectively, the terms to be de ignated by the Governor. All subsequent appointments shall be for a period of seven years, except unexpired terms. No State official or employee shall be a member of the State Personnel Board.
Paragraph II. Retirement System. Appropriation. The General A sembly i authorized to e tabli h an actuarially ound retirement y tern for employees under a merit y tern. Adequate appropriations hall be provided for the operation of a merit sy tern and the tate Personnel Board.
ARTICLE XV
Home Rule.
Section I.
Paragraph I. Uniform systems of county and municipal government. The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for ystem of initiative, referendum and recall in some of the plan for both county and municipal government . The General s embly hall provide a method by which a county or municipality may select one of the optional uniform y tern or plan or reject any or all propo ed system or plan .
SECTION TWO.
Method of Submission.
That when this amendment hall have been agreed to by two-thirds of the member elected to each of the two House of the General A sembly, the same shall be entered on their journals with the "ayes" and "nays"
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taken thereon and shall be published and submitted to the people for ratification or rejection as one ingle amendment to the Oon titution at the next General Election in Augu t, 1945, a provided by law. Tho e voting in favor of the ratification of the amendment herein proposed hall have written or printed on their ballots the words "for the amendment revi ing the onstitution." Tho e voting against the ratification of the amendment herein proposed hall have written or printed on their ballots the word "against the amendment revising the Oonstitution." If a majority of tho e voting vote for the amendment revising the Oonstitution when the results are certified to the Governor, he hall proclaim the amendment revising the Constitution of 1877 as the revised Oonstitution of Georgia.
~~RES~NTATI\~S
--1941..
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