Report and recommendations of sub-committee no. ... to State Commission to Revise the Constitution, 1944

-~/
REPORT and RECOMMENDATIO S

OF

SUB-COMMITTEE o. 1- 7

TO

..,
\J

STATE COMMISSION

TO

REVISE THE CONSTITUTIO

1944

Atlanta, Ga. )Iarch 31, 1944
Honorable Ellis Arnall, Chairman of the Commission, State Capitol, Atlanta, Georgia.
Dear Sir:
The Committee to whom was referred Article I (The Bill of Rights), Article 6 (Judiciary), Article XII (The Law of General Operation), and Article XIII (Amendment to the on titution), report their recommendations as follows:
1. That no change be made in Article I.
2. That no change be made in Article .xII.
3. That certain paragraphs of certain ections of Article VI be altered, and that thoce not pecificall) named be not changed.
That Paragraph 1 of Section 2 of Articl "' I be amended o as to read as follows (Code Section 2-3001): .
The Supreme Court shall con ist of ix a ociate justices, who shall from time to time a they may deem proper, elect one of their number as Chief Justice, and one as Presiding Justice; the office of Chief Juctice a it has heretofore existed under this Constitution being hereby converted into the office of an associate justice, with the same
1

right of incumbency and the arne succe sion a to terms, as applied to the former office. The Chief J u tice 0 elected by the other Justices shall be the chief presiding and admini trative officer of the court, and the Pre iding Justice, elected in like manner, hall perform all the dutie devolving upon the Chief Ju tice, when he is ab ent or di qualified. A majority of the court hall con titute a quorum.
4.
That Paragraph 4 of Section 2 (Code, ec. 2-3004) read as follow:
The Justices aforesaid hall hold their offices for six years, and until their succe SOl'S are qualified. They hall be elected by the people at the same time and in the ame manner a members of the General A embly; provided, that the successors to the two incumbents whose terms will expire on December 31, 1944, hall be elected for the succeeding terms at the time of electing members of the General Assembly during that year; successors to the two incumbents who e terms will expire on December 31, 1946: shall be elected in like manner during that year; successors to the two incumbents who e terms will expire on December 31, 1948, shall be elected in like manner durino' that year; and all terms (except unexpired term) hall be for six years. In ca e of any vacancy which cau e an unexpired term, the ame shall be filled by executive appointment, and the person appointed by the Governor hall hold his office until the next regular election, and until hiv succe SOl' for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secretary of State, who shall certify the re ult to the Governor, and commis ion haH i 'ue accordinO"ly.
2

That Paragraph 5 (Code ec. 2-3005) read as follows:
nless otherwise provided in thi Constitution the upreme Court shall have no original jurisdiction, but hall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Savannah and Macon, a they existed on August 19, 1916, and from uch other like court a have been or may hereafter be established in other citie , and from the ivil Court of Fulton County, and from the 1unicipal Courts now establi hed in the citie of Augusta, Columhll , 1Iacon and Savannah, and uch other like funicipal Court a have been or may hereafter be established, in all cases that involve the construction of the Constitution of the State of Georgia or of the United State, or of treaties betw en the United State and foreign governments; in aJl cases in which the constitutionality of any law of the tate of G orgia or of the nited States i drawn in que tion; and, until otherwi e provided by law, in all case respecting title to land; in all equity cases; in all ca es which involve the validity of, or the con truction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for it determination. It shall also be competent for the Supreme Court to require by certiorari or otherwi e any ca e to be certified to the Supreme Court from the Court of Appeals for review and determination with the arne power and authority as if the case had been carried by writ of error to the Supreme COUld. Any ca e carried to the Supreme Court or the Court of Appeals, which belongs to the class of which the other court ha jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules a the Supreme Court
~ 124092

may prevcribe, and the ca e 0 tran ferred shall b heard and determined by the court ,vhich ha jurisdiction thereof. The General A embly may provide for carrying ca e or certain clavse of ca e to the upreme Court and the Court of Appeal from the trial court otherwise than by writ of error, anI may prescribe conditions a to the right of a party litigant to have hi ca. e reviewed by the Supreme Court 01' Court of Appeal"'.
Paragraph 6 of th ame ection ( ode e. :2-3006) to read a follows:
Tbe uprem ourt and th ourt of Al p al han dispose of every ca e at the term for which it i. entered on the court' do ket for hearin<r, a' provid d by Paragraph 9 of thi rticl and Section, or at the next term. If th plaintiff in error hall not be I I' pared to 11'0 ecute the ca at the t I'm for which it i 0 entered for hearinO", unle prevented by J rovidential cau~e, it hall be tricken from the do ket and the judgment below shall tan i affirmed. Jo writ of ITOI' shall he eli miused hecau e of delay in tran mi 'ion of the bill of xception. and the COP)7 of the l' ord, or either of them, r ulting from th . default of th clerk or other cau 'e, unle it hall appear that tbe plaintiff in nor or hi coun el auved uch delay. Nothino' herein shall be construed to excuse the
lerk for any omi ion of duty or to relieve bim of any liability re ulting ther from.
Paragraph of aid. ection ( od I c.: 00 ) to l' ad a. follow:
The Suprem Court shall have pow I' to hear and determine case when itting either in a body or in two division of thre ju ticev each, under uch regulations as may be pre cribed b the General A mbly. A majority

of ith I' di, i ion hall conc:-titute a quorum for that di-
VISIon.
rfhe ourt of \.pp al hall on i t of the Judges provided th I' for by law at the time of th ratification of thi am n lment, and of uch additional J ud <Ye a the General Au emb1) hall from time to tim pI' cribe. All term of the Judge of the Court of pp al after tll xpiration of th term of th .Jud<Y provided b law at the time of the ratifi 'ation of tlli amendment (ex ept unexpired term) -hall continu ix year an 1. until their ucce or. are qualified. Til tim and manner of el ctino' Judge, and th mode of fil1in<Y a va an ~. whi h cau es an un xpir d term, hall b the am a ar or may be provided for hy th law relating to the election and appointment of Ju ti e. of the upreme ourt. nle oth rwi e provid din thi on titution, the ourt of pp a1 hall have juri diction for the trial and one tion of ITOI' of law from the up rior COUl't , and from th ity court of avannall and Ma on, and uch other like courts as hav been or may hereafter be eutabli hed in other citie , in an ca e in which uch juri diction ha not b en conf 1'1' d by thi on titution UI on th UpI' me ourt, and in uch other ca a may h reafter b pre cribed by law; xcept that wh r a ca e i pendino' in the ourt of Appeal an 1 the ourt of ppeal desire. in truction from the upreme ourt, it may cel'tify the Bame to the
upreme Court, and thereupon a transcript of the record 'hall be tran mitted to the upreme ourt, which, after having afforded to the partie an opportunity to be heard thereon, shall in truct the Court of Appeal on the question so certified. and the Court of Appeals shan be bound by the instruction so given. But if by reason of equal divi ion of opinion among the Justices of the Supreme Court no such in truction i given, the Court of Appeals
5

may decide the que tion. The manner of certifying que tion to the Supreme Court by the ourt of Appeals, and the ubsequent proceeding in regard to the ame in the
upreme Court, hall be a the upreme ourt by it rule hall prescribe, until otherwi e provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeal hall re ult from delay in di po ing of que tion or cases certified from the Court of Appeals to the upreme Court, or a to which uch ertificate has 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 i by order of the Court clo ed, hall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they hall ..,tand for hearing at the term for which they are so entered, under such rule as the Court may pre cribe, until otherwi e provided by law. The ourt of ppeals hall appoint a clerk and a heriff df the ourt. The Reporter of the Supreme ourt hall be Reporter of the ourt of ppeal until otherwi e provided by law. The law rlating to the upreme ourt a to qualification and salarie of Judo'es, the de ignation of other Judges to preide when member of the Court are di qualified, the power , dutie, alarie, f e and term of officers, the mode of carrying case to the Court, the power , practice, procedure, times of itting, and co t of the Court, th publication of report of case decided therein, and in all other re pect , except a.., othewi 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 otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The de-
G

ClslOns of the Supreme Court hall bind the Court of Appeals a precedent. The Court of Appeals "hall have power to hear and determine ca e when itting either in a body or in divi ions of three Judge each, except a may be hereafter otherwi e provided by the General A embly.
Paragraph 2 of ection 3 of Article 'VI ( ode ec. 23102) to read as follows:
The successor to the present and ubsequent incumbent shall be elected by the elector entitled to vote for members of the General embly of the whole State, at the general election held for uch member, next preceding the expiration of their re pective term.
Paragraph 7, of ection 4, of Article VI (ode ec. 2-3207), to read a follow :
The ourt hall render judgment without the verdict of a jury in all civil ca"'es where no is uabl defen e i fil d und l' oath, or affirmation.
Paragraph 1 of ection 7 of Article "VI ( ode ec. 23501) to read a follow :
There hall be in uch militia di trict one ju tice of the peace, who e official term, ex pt when elected to fill an unexpired term, hall be four year ; provided, however, that the General A embly may, in it di cretion, aboli h justice court and the offic of ju tice of the peace and of notary public ex-officio justice of the peace in any county of thi tate havinO' a population of over twenty thousand, either throuo-hout the entire cOlmty or in one or more of the militia di trict therein, and e tablish in lieu thereof such court or courts or system of courts as the General Assembly may, in its di cretion, deem neces-
ary, conferring upon uch new court or courts or system of court the juri diction as to subject-matter now
7

exerci ed by ju tice court, together with uch additional juri diction, either a to amount or ubject-matter, a may be provided by law, whereof ome other court has not exclu ive juri diction under thi Constitution; together with uch provi ion a to rul and procedure in uch court and a to new trial an 1 the correction of error in and by ~aid court. and which uch further provi ion for the orrection of error by the uperior court, or Court of Appeal, or th Suprem Court, as the General A embly may, from time to time in it di cre~ tion, provid or authoriz. ny court 0 e tabli hed hall not be ubj t to th rule of uniformit laid down in Paragraph] of tion 9 of rticl \'1 of the on~titu tion f Georo"ia. The ivil omt of Fulton Count hall have juri diction in Fulton ounty and out id th city limit of Atlanta oncurrently with, or upplem ntal to, or in Ii u of ju tic ourt a may 1e now or hereafter provid d by law,

ParaoTaph 1 of ecti n a' follow:

ode, ec. 2-3601) tread

In the e militia di trict that ba,e ju. tice. of th 1 ca , ommi ioned notari public, not to excee lone for each di trict, may be appointed by tbe judlYe of the Ui riol' ollrt in th ir re pective ircuit, upon recomendation of the IYrand jurie of the ev ral ountie. Th y hall b commi ion d by the Governor for the term of four 'ear and hall be x-officio ju ti e of the peace, and ball
removable on onvi tion for malpractice in office.
ParalYraph 1 of ection 9 of Article VI (Code, ec. 2701). to read a follow :

Except as otherwise provided in this Con titution, the jllrisdi tion, power, proceedings and practice of all courts or officers inve ted with judicial power (except

8

City Courts) of the arne grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by uch courts, severally, shall be uniform. Thi uniformity must be e tabli hed by the General A embly.
Paragraph 1 of ection 11 ( ode, ec. 2-3901, to read as follow:
There hall be a olicitor general for each judicial circuit, whose official term (except to fill a vacancy) hall be four year . The ucces or of present and ub equent incumbent hall be elected by the electors of the whole
tate, qualified to vote for members of the General A embly, at the general election held next preceding the expiration of their re pective term. Every vacancy occa ioned by death, re ignation, or other cau e hall be filled by appointment of the Governor, until the fir t day of January after the general election held next after the expiration of 30 days from the time "uch vacancy occur , at which election a ucce or for th unexpired term hall be elected.
Paragraph 1 of ection 13 of Article VI (Code. 2-4001), to read a follows:
The Justices of the upreme Court each shall have out of the treasury of the State salarie of $9,600.00 per annum; the Judges of the Court of Appeals each hall have out of the treasury of the State salaries of $9,600.00 per annum; the judge of the uperior courts each shall have out of the treasury of the State salaries of $7,200.00 per annum; Provided, that, until otherwise provided by law, this paragraph shall not affect any provision, constitutional or otherwise, whereby the salaries of any judge have been supplemented from county treasuries, except
9

that the amount of increase in the salary from the State treasury made by this amendment shall be deducted from the amount now being supplemented from a county treasury.
Paragraph 2 of Section 13 (Code, 2-4002), to read a follow:
The General A embly may, at any time, by a two-thirds vote of each branch, prescribe other and different alaries for any, or all, of the above officer, but no such reduction shall affect the officers then in commission; provided however, that the General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at pre ent accruing to the office of olicitor general in any particular judicial circuit, and in lieu thereof to pre cribe a salary for such office, in addition to the alary pre cribed in paragraph 1 of thi ection, and without regard to the uniformity of such salaries.
Paragraph 1 of ection 15 of Article VI (Code, 2-4201), in tead of what is now contained therein, shall read as follow: 0 divorce shall be granted except by the uperior court.
Paragraph 2 of aid ection, in tead of a it now read hall read a follows:
Wh n a divorce is granted, the jury hall determine the right and di abilities of the parties.
As to Paragraph 1 of Section 16 of Article VI (Code, 2-4301), we recommend that this paragraph as it originally appeared in the Con titution be retained, and that the amendment of 1943 (Acts of 1943, p. 68) be stricken.
Paragraph 1 of Section 18 (Code, 2-4501), we recommend shall read as follows:
10

The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General A sembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court.
That Paragraph 2 of Section 18 (Code, 2-4502) be made to read as follows:
The General Assembly -hall provide by law for the election of the most experienced, intelligent and upright men to serve a grand juror"" and intelligent and upright men to erve a traver e jurors. Nevertheless, the grand jurors shall be competent to serve a traverse jurors. The General A sembly shall have the power to impose the burden of jury service on women also, under such regulations as the lawmakers may pre cribe.
We recommend that Paragraph 1 of ection 21 (Code, 2-4801) hall read as follow :
The costs in the Supreme Court shall not exceed fifteen dollar, until otherwi e provided by law. Plaintiffs in error "hall not be required to pay co ts in said Court when the usual pauper oath is filed in the court below.
Aritcie XIII - Amendments to the Constitution The Committee recommend that there be substituted for Paragraph 1 of Section 1 of Article XIII the following, as Code Section 2-8601:
Paragraph I. Propo al by General Assembly; submission to people. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shan be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall
11

b ntered on their journal ,with th y a and nays taken

thereon. And the General A embly shall cause such

amendment or amendment to be published in one or

more newspapers in each ConOTe sional di trict. for two

month previou to the time of holding the next general

election at which election m mber of the General As-

sembI are cho en; and if uch propo ed amendment di-

rectly affects only one or mol' political subdivi ion of

the tate, then it hall al 0 be adverti ed in the area to

be directly affect d thereby; and hall al 0 provide for

a ubmi ion of uch propo ed amendment or amend-

ment to the people at aid next O'eneral lection, and

if the people shall ratify uch amendment or amend-

ments, by a majority of the el tor qualified to vote for

member of th Gen ral

mbly votinO' thereon, ucll

amendment or amendments hall become a part of tbi

on titution' Provi led, howev 1', that if the proposed

amendment i not one that dir ctIy affect th whole

tate, but only one or more ubdivi ion thereof, then

it mu t al 0 I' ceiv the vote of three-fourth of those

votinO' at uch election who ride in the area affected.

When more than on amendment i ubmitted at the

arne time the hall be 0 ubmitted a to enabl tbe

ele tor. to vote on each amendment eparately.

Were ommend no further chan O'e in Article XIll.

The Committee al 0 recommend that at orne appropriate place in th Constitution there be in erted a clause to the effect that the Governor shall not have the right to veto any propo al by the General As embly to amend tbe onstitution.

The Committee al 0 recommends that a provision be in erted in relation to equalizing the work of the several uperior court judges of the State as follows:

12

Paragraph 4, of Section 3, of Al'ti Ie VI. The Supreme Court hall divide the judicial circuit of the tate into five ubdivi ions known a Di trict for the purpo e of thi paragraph. And the bief Jm;ti e hall a ign each A ociate-ju tice to one of uch judicial di tricts who e duty it hall be to acquaint him elf with tbe volume of legal bu iness in each judi ial circuit of uch district. Every two year the hi f Justic ball rea~sian the
ociate-justices to other and different di trict until nch A "0 iate-ju tice, or hi.' nee ssor in office, hall have "erved in all tbe di tricts. When vel' any judge of the Superior Court, by rea on of any di. ability or nece sary absence from hi ircuit, or the accumulation or urgency of business, is unable to perform peedily all of the work of his circuit, the A sociate-ju tice of th Supreme Court so assigned to th Di trict in which hi circuit i . located, or in hi absence or di ability the hief Justice, may. if in hi. judgm nt, the public intere t requires, de ignate and a ian any judae of the up rior Court to act a judo'e in nch circuit and to di harae any or all of the judicial dutie of a judo' thereof for uch time a the bu ines' of tb cir uit may require.
e ion of the Sup rior ourt may be held in two or more countie in the arne cil' uit at th ame time. Before any uch designation or a ignment i made by an As ociate-jn tice of tbe UpI' m ourt, he ball ubmit the designation or the a ianment to the hief Ju tic and obtain hi con ent ther to.
Paragraph 5. The 1 rk of the upel'ior Court shall prepare as of the fir t day of JannaI' and July of each year, and before the expiration of 30 day from these dates hall transmit to th A ociate-ju tice of the upreme ourt having sup rvi ion of the di trict in which
IB

hi circuit is located, a tatement of all ca es then pending in hi court and the length of time that they have been so pending and whether the cau e is civil or criminaL A failure to 0 do may be puni h d as for contempt of the upreme Court.
The committee al 0 recommend the following as a new provision to become a part of the onstitution, towit: On and after January 1, 1947, th rule making power for practice and procedure in the several courts of this State hall be vested in the Supreme Court of Georgia; Provided, that the General A embly hall have the power to create a Judicial Council and to confer on it this power; Provided further, that rules promulgated hereunder shall not abridge, enlarge or modify the ub tantive rights of any litio-ant.
RespectfuJly 'ubmitted, WARREN GRICE, Chairman. FRANK C. GROS T. S. CANDLER JEFF A. POPE CHARLES L. GOWEN R. E. L. :MAJORS HUGH J. "MacINTYRE :Member of Committee No.1.
14

REPORT and RECOMMENDATIONS
OF
SUB-COMMITIEE No. 2
TO
STATE COMMISSION
TO
REVISE THE CONSTITUTION
1944

Atlanta, Georgia

D cemb.el: .18, 194~ ..

.

.

Honorable Ellis Arnall, Chairman,

Committee on Con titutional Revl ion,

tate Capitol, Atlanta. GeorO'ia.

Dear ir:

Report of ub-Committee Number Two:

"Your Sub-Committee Number Two has met, and make. the following recommendation with reO'arcl to tho e ubject. referre I to it. To wit:

Article II. Tbi. Arti I bas been amended 0 a to adopt
the 1943 Te n- ge menc1ment, and tbe Woman Ruf-
'T fraO'c Amendment. ub- ection 1 and 2 of ParaO'raph 1\"
have been eliminated. ParaO'rapb ba been eliminated.
Paragraph 2 of Section n ha been eliminat d, 0 that
\.rticlc II a rearranged by thi Committ e for uhmis ion
to the General Committee. ball l' ad a'J follow. :

Paragraph I. All Ie tion by the people hall be by ballot, and only tbo e I r~on hall b all owe I to vote who ha' been fir t l' o'i t red in a ordance with the 1'0quir ment of law.

Paragraph II. Every citizen of thi tat who is a citizen of the nitecl tate, eighte n year old or upwards, not laboring uncleI' any of tb di abilitie' named in thi Article, andpo ...e 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, . ailor, or marine in the military or naval ervice of the

1

nited tate shall acquire the right of an elector hy rea on of being stationed on duty in thi tate.
Paragraph III. To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the County in which he offers to vote vix months next preceding the election, and shall have paid all poll taxes that he may have had an opportunity of paying agreebly to law. uch payment must have been made at lea t ix month prior to the election at which he offer to Yote, except when uch election are held within six month. from the expiration of the time fixed by law for the payment of such taxe .
Paragraph IV. Every citiz n of this State hall be entitled to regi tel' a an elector, and to vote in all election in "aid State, who i not disqualified under the provi ion of ection 2 of Article 2 of thi on titution, and who po se the qualification Ire cribed in Paragraph.. 2 and 3 of thi ection. or who will po e s them at the da te of the el ction occurring next after hi reo'ivtration, and who in addition thereto come within either of th clas e provided for in the three following ub-di, ision of thi. paraoTaph.
1. All per on who are of good character and under.. tand the dutie and obligation of citizenship under a republican form of O'overnment or
:.. All per on who can correctly read in the Engli h language any paragraph of the Constitution of the United Statev or of hi tate and correctly write th same in the English language when read to them by anyone of the registrars, and all per on who solely becau e of physicnl disability are unable to comply with the ahove require-

ments but who can understand and give a reasonable interpretation of any paragraph of the Con titution of th united States or of thi. State, that may be read to them by anyone of the registrars; or,
3. Any per on who i the owner in o'ood faith in hi" own right of at lea t forty acres of land ituated in thi
tate, upon which be re ide, or i the owner in O'ood faith in his own right of property ituat d in thi tate and assessed for taxation at the value of $500.00.
Paragraph Y. Any person to whom the right of regi tration i deni d by the regi trar upon the ground that he lack the qualifications et forth in the three subdivi ion of ParaO'raph I\"' hall have the right to take an appeal, and any itizen may nter an appeal from the deci ion of the reo'istrars allowing any person to regi tel' under aid ubdivi ion. All appeal mut be filed in writing with the r gi~trar within ten day' from th date of the decision complained of, and shall be returned by the regi trar to tb office of the clerk of the uperiol' court to be trie 1 a other appeal .
Paragraph \ 1. Pending an appeal and until the final decision of the cas , the judgment of the registrar hall remain in full force.
Paragraph"' II. 0 person ball be allowed to participate in a primary of any political party or a convention of any political party in thi State who is not a qualified ,"oter.
Paragraph VIII. The rna hinery now provided by law for regi tration hall be used to carry out the provision of this Section, except where incon i tent with same; the legislature may change or amend the registration law.
.u)

from time to time, but no .. ucll change or am ndment hall operate to defeat any of the provisions of thi Section.
Section II.
Paragraph I. 'rhe General \. embly may I rovide from time to time for the regi tration of all el ctor , but tbe following la"" e of I rson hall not b permitted to reo'i tel', vote, or hold any office or appointm nt of honor or tru tin thi tate, to-wit: (1 t) Tho e who hall have been onvicted, in any court of competent jlui<:diction, of trea on against the State, or embezzlement of public funds. malfeasance in office, bribery, or larceny, or of any crim involving moral turpitude, 1 unishable by the law of thi tate with impri 'onm nt in the penitentiary, unles' uch per on~ ha\7e been pardoned. (_d) Idiot and Inane per ons.
Section III.
Paragraph I. Elector hall, in all ase except for treason felony, larceny, and breach of the peace, be privileged from arr t luring th ir attendance on ele tion , and in <Yoing to and returning from the arne.
Section IV.
Paragraph 1. 0 person 'who i th holder of any public money, contrar to law, 'hall be eligible to any office in- this State until the ""arne i accounted for arid paid into the Treasury.
Section V.
Paragraph I. The General.A sembly hall, .by law, forbid the ale, di tribution or furnishing of .intoxicating 'drink within two' mile of election- precinct on -day of
4

-

election - State, county, or municipal- and prescribe punishment for any violation of the same.

Section VI.
Paragraph I. Returns of elections for all civil officer elected by the peolle, who are to be commisioned by the Governor, and aLo for the member. of the General ~s embly, shan be made to the Qecretary of State. unless . otherwise provided by law.

Article IX on Home tead and li.xemption ha been stricken, and the following written 'as a ~ubstitute therefor:
Paragraph 1. The General A sembly . hall have authority to exeml t from lev:~ and sale, by virtue of any proce whatever tmder the law of thi state, th.e property of every head of a family, or guardian, or trustee of a family of minor children, or every aged 01' infirm per on, or person having the care and support of dependent females of any ao'e, who i not the head of a family, realty or pel' onalty, or both, to the value in the aggregate of Sixteen Hundred Donars; to provide the manner of exempting ~aid property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor.

Paragraph II. The laws now of force with respect to llome teads and exemptions shall remain in full force until changed by law.

Article X with reference to Militia was adopted as written in the present Constitution without change.

, ery respectfully, D. S. ATKINSOr , Chairman.

J. ROY McCRACKEN ROY V. HARRIS FRA K FOLEY

MRS. LEONARD HAAS T. GRADY HEAD J. WESLEY C LPEPPER
5

REPORT and RECOMMENDATIO S
OF
SUB-COMMITIEE o. 3
TO
STATE COMMISSION
TO
REVISE THE CONSTITUTIO
1944

LaGrange, Georgia February 4, 1944
Hon. Ellis Arnall, Chairman, Commission to Revi e Constitution,
tate Capitol Atlanta, Georgia.
Dear Governor:
The sub-committee of the Commission to revise the Con titution to which was referred Artivle 1\ and Ar~ ticle YII of the on titution of 1877 for tudy and recommendation, ubmit h rewith their report.
A draft of a revision of Article IV and of Article , II as adopted by thi 'ub-committee, i attached.
There were hundreds of amen lment to rticle VII which were by their terms, of purely local application. There were other amendments to this Article which were in term of general application. but w l' based upon population, and in effect were of only local application. Instead of incorporating th e hundred" of amendments in the draft of the new Con titution, your committee has continued the e am ndment in force and effect by one paragraph, which appears as ection X of Article VII.
Your committee believe that limitations upon the debts which counties, municipalities and other political subdivisions may incur, are of the greatest importance. The limitations of the pre ent Constitution have pre erved the financial integrity of Georgia, its countie and cities, where other have been embarras ed financially, or forced to default upon their obligation. The Con titution has already been amended to permit the creation of certain additional indebtedne s and these amendments are con-' tinued in the committee's draft. We have added provisions allowing temporary loans for current expen"es
1

and the creation of debt to the extent of 3% of the taxable value, under restricted circum tances, in addition to the debt limited to 7 of the taxable value. Authority had already been given to make loan again t the revenue of revenue-producing facilities. Your committee feel that the authority !.civen to borrow money and to create debts a extended by amendments to the present Constitution an 1 by additional provi ion added by your committee, make ufficient provision for the financial needs of the variou ubdivi ion of the tate. In other words, ufficient authority will be oTanted under the Constitution to create all indebtednes which the e subdivisions should safely be permitted to create. If thi has been done, then there should not be further amendments to the Con titution of merely local application. Your committee re ommend that a provi ion be included in the new
on titution. that the Con titution hall not be amended by any language which has merely local, and not general, application. Of COul" e the Constitution may still be amended ~o a to eliminate thi provi ion, but your committee has the hope that with uch a provi'ion in the Constitution, there will be he itanc about triking it from the Constitution merely to meet some local request; and further. that with the broadened provi ion for creating debts which have been previously adopted, together with those now added by 'our committee, the General Assembly may refu to approve further amendment to the Con titution of merely local application. The language (ropo ed for thi. purpo e is attached following the draft of Article IV and Article VII.
A a matter of fact, a very large proportion of these local amendments to the Constitution which have been. adopted heretofore, resulted from the misappropriation of fund which hould have been paid into inking funds
2

and held there to retire bond. These inking funds have been u ed for other purposes, and upon maturity of the bond , the sinkinO" funds had di appeared. Your committee has included a provi ion a to theBe sinking funds, which, if followed will in ure the nece ary fund to repay all debt a they mature.
Preceding the draft of Articles IV and VII, we attach table showing the location of the paragraph of the pre ent Constitution and the location of corresponding provi ion in the committee'.. draft. Each paragraph of th committe' draft how. in it margin, its ourc. Re flectfun: IIbmitted:
HATTON LOVEJOY, Chairman.
Hatton Lovejoy, Chairman I'S. Leonard Haa " Secretary
Hon. Frank Foley Hon. B. E. Thrasher, Jr. Hon. Warren Grice Hon. Frank Gross Hon. J. Wesley Culpepper
Committee
Ta.ble of Location of Pa.ragraphs of Constitution of 1877 in the Proposed New Constitution.
Paragraphs of the old Con titution are by Code Section number in the Annotated Code of Georgia, with Pocket upplement.

Present Constitution Code Section

Committee Draft Location in

2-2401

ARTICLE 1\.

Art. VII Sec. I Par. I

3.

Present Constitution Code Section
2-2501 :2-2502 2-2503 2-2504 2-2505 2-2506 2-2507

Committee Draft Location in
Sec. I Par. I
ec. II Par. I and II
ec. ill Par. I
Sec. IV Par. I
Sec. I Par. II
ec. IV Par. II
'ec. n
Par. III

ARTI LE YII.

2-4901
2-4902
Act 1943 Page 64 ew
2-4902
2-5001

ec. II Par. I
ec. I Par. II
ec. II Par. II
Sec. II Par. III
Sec. I Par. II
Sec. I, Par. III

4

Present Constitution Code Section
2-500:.
Act 1943 Pao-e 60 2-5003 2-500J 2-5005
2-5006
New 2-5007
2-5008 2-5101 2-5201 2-5301
2-5401 2-5402
5

Committee Draft Location iti .

ec. I Par. IV

~c. I Par. I'i
Omi.tted
Sec. I Par. II

ec. I Par. IV

Sec. I
Par. I
j
ec. II Par. ill

ec. II

Par. IV

-

,.
ec.' 1\

Par. lV

Sec: ill Par. I

Sec. ill Par. ill

ec. III Par. I'i

Sec.
Par. i:
ec. n
Par. I

Present Constitution Code Section
Acts 1937-38 Page 28 Acts 1937 Page 39 2-5403
2-5501
2-5502
New
New
Acts 1943 Page 47 2-5601
2-5701
2-5801
2-5901
2-6001
6

Committee Draft Location in
Sec. IV Par. I
Sec. IV Par. I
Sec. VI Par. I
Sec. VII Par. I
Sec. VII Par. II
Sec. VII Par. III
Sec. VII Par. IV
Sec. VII Par. V
Sec. III Par. V
ec. III Par. VI
Sec. VII Par. II
Sec. III Par. VII
Sec. III Par. II

Present Constitution Code Section
2-6101
2-6201
2-6301 2-6401
2-6402
2-6501 New New New

Committee Draft Location in
Sec. III Par. VITI
Sec. III Par. IX
Omitted
Sec. I Par. II
Sec. I Par. II
Omitted
Sec. VITI
Sec. IX
Sec. X

7

Article IV.
PUBUC UTIUTIES, EMINENT DOMAIN, POLICE
POWER AND CONTRACTS.
Section I.
Public Utilities.
2-2501. Paragraph I. Public utility tariffs and charges.
The power and authority of regulating railroad freight and pas engel' tariff and of harge of public utilitie for th ir ervic ,of preventing unju t di cl'iminations, and requiring rea onable and just rates of freight and passenger tariff and of charO'e of public utilities, are hereby conferred upon the General A embly, who e duty it shall be to I as laws. from time to time, to regulate such tariff and charge, to prohibit unjust di criminations by the vanous railroads and public utilities of thi State, and to prohibit aid railroads and public utilities from charging other than ju t and rea onable rate and to enforce the arne by adequate penaltie .
Commentl This paragraph dealt with the regulation of railroad freight and passenger tariffs and the prevention of discriminations by railroads. The provisions of this paragraph have been extended by us, so as to include and cover public utilities, as well as railroads.
2-2505. Paragraph II. Rebates. 0 railroad company or public utility company hall give, or pay any rebate, or bonu in the nature thereof, directly or indirecti , or do any act to mi lead or deceive the public a to the real rate charged or received for freight 01' pa age or ervices furnished, any such pa) ment hall be illegal and void; and the prohibition ball be enforced by suitable penalties.
Comment. Public utilities have been included in this paragraph, in addition to railroads, which alone were formerly included.
8

Section II.
Eminent Domain and Police Power.
2-2502. Paragraph I. Right of eminent domain. The exercise of the right of eminent domain shall never be abridged, nor so con trued as to prevent the General Assembly from taking the property and franchises of any individual, corporation or other owner. and uubjecting such property and franchise to public u e.
Comment. The present provisions as to both eminent domain and the police power, are directed specifically toward corporations, with the rights over individuals left to inference. These provisions have been rewritten so as to make them apply equally to individuals and corporations.
This committee is of the opinion that the provisions in the Constitution regarding eminent domain and police power, do not properly appear at their present location, and recommend a reclassification.
2-2502. Paragraph II. Police Power. The exerci e of the police power of the tate ball never be abridged, nor so construed as to permit individuals or corporations to conduct their busines in such manner a. to infringe the equal rights of other individuals or orporations, or the general well-being of the State.
Comment. The same comment applies to this paragraph as to the next preceding paragraph regarding eminent domain.
Section III.
Revival and Amendment of Charters.
2-2503. Paragraph I. Charters revived or amended SUbject to Constitution. The General s embly shall not remit the forfeiture of the charter of any corporation now exi ting, nor alter or amend the same, nor pas any other general or pecial law, for the benefit of aid corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in thi State, or any pe-

cial law for its benefit, accepted thereby, shall operate as a novation of said charter and hall bring the same under the provisions of thi Constitution: Provided, That this section hall not extend to any amendment for th purpo e of allowing any exiting road to take stock in or aid in the building of any branch road.
Comment. No change is proposed in this paragraph.
Section IV. Contracts.
2-2504. Paragraph 1. Contracts to defeat competition. All contract and agreements, whether by individuals or corporations, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General As embly of this State shall have no power to authorize any person or corporation to make any such contract or agreement.
Comment. We have re-written this paragraph so that it covers 'Corporations and individuals alike, and we have arranged these provisions in a more orderly sequence.
2-2506. Paragraph II. Obligations of contracts preserved. No provi Ion of this article shall be deemed, held or taken to impair the obligation of any contract "heretofore made by the State of Georgia.
, Comment. No change is made in this paragraph.
2-2507. Paragraph III. General Assembly to enforce Article. The General Assembly shall enforce the provisions of this article by appropriate legislation.
Comment. No change is made in this paragraph. The location and classification by subjects, of all paragraphs in the Constitution, might well be re-considered by the final drafting committee.
10

Article VII.
FINANCE
Section I Taxation
2-2401. Paragraph 1. Taxation, a sovereign right. The right of taxation i a sovereign right-inalienable, indestructible - is the life of the tate, and rightfully belongs to the people in all Republican government, and neither the General As embly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contract, and all other act. , whatsoever, by said government, or any department thereof, to effect any of these purposes, shall be, and are hereby declared to be null and void, for every purpo e whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly.
2-5006. The power to tax corporations and corporate property, shall not be urrendered or suspended by any contract or grant to which the State hall be a party.
Paragraph II. Taxing power limited. 2-6401. 1. The General Assembly hall not by vote, resolution or order, grant or levy any tax to pay any donation or gratuity in favor of any person, corporation or association.
2-6402. 2. The General Assembly shall not levy a tax to payor grant or authorize, extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.
11

2-4902. 3. The levy of taxe on property for anyone year by the General A sembly for all purpose , except to provide for rep lling invasion, suppres ing insurrections, or defending the tate in time of war. hall not exceed five (5) mill on each dollar of the value of the property taxable in the State.
2-5004. 4. 0 poll tax shall be levied to exceed one dollar annually upon each poll.
2-5001. Paragraph m. Uniformity; classification of
property. All taxes shall be levied and collected under general laws and for public purpo e' only. All taxation shall be uniform upon the arne cIa of ubject within the territorial limits of the authority levying' the tax. Clas es of subject for taxation of propert~r shall con ist of tangible property and one or mol' cla se of intangible per onal property including money. The General Assembly shall have the lower to cIa ify property including money for taxation, and to adopt different rate. and different methods for different classe of such property.
2-5002. Paragraph n. Exemptions from taxation.
The General A . embly may, by law, exempt from taxation all public property; place of religiou worship or burial; all institutions of purely public charity; all building erected for and use i a a college, incorporated academy or other seminary of learninO', and al 0 all funds or property held or u eel as endowment by such colleO'es, incorporated academie or eminarie. of learning, provided the arne i not inve ted in real e tate; and provided, further, that aid exemption hall only apply to such college , incorporated academie or other eminaries of learning as are open to the general public; provided further, that all endowment to institution establi hed for white people, shall be limited to white people, and all endowments to in titutions established
12
.

for colored people, hall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, u ed by or connected with uch library; all books and philoophical apparatus and all painting and statuary of any company or a sociation, kept in a public hall and not held as merchandise or for purpo es of ale or gain; provided the property so exempted be not u ed for the purpose of private or corporate profit and income. The General As embly hall further have power to exempt from taxation, farm products, including baled cotton grown in thi tate and remaining in the hands of the producer, but not longer than for the year next after their production.
2-5002. All peruonal clothing, hou ehold and kitchen furniture, personal property used and included within the home, domestic animals and tool , and implements of trade of manual laborer, but not including motor vehicles, are exempted from all State, County, Municipal and School District ad valorem taxes, in an amount not to exceed $300.00 in actual value.
2-5008. The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long a actually occupied by the owner primarily as such, but not to exceed $2,000.00 of it value, is hereby exempted from all ad valorem taxation for State, County and School purposes, with the exception of taxation to pay interest on and retire bonded indebtedne s. The General Assembly may from time to time lower said exemption to not less than $1250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly.
13

2-5002. 11 cooperative, non-profit, membership corporation organized und l' the law of this tate for the purpose of engaging in rural ele trification, as defined in ub-section 1 of Section 3 of the .Act approved March 30, 1937 providing for their incorporation, and all of the real and per onal property owned or held by such corporations for uch purpo es, are hereby exempted from all taxation, tate, county, municipal, ",chool di trict and political or territorial ubelivision of the tate having the authority to levy taxe. The exemption herein provided for shall expire December 31, 1961.
Acts 1943, Page 60. There hall b exempt from all ad valorem intangible taxe in this State, the common voting stock of a sub 'idiary corporation not doing business in this tate, if at lea t ninety per cent of such common voting ",tock i owned b a Georgia corporation with its principal place of busine s located in this tate and wa acquired or i held for the purpo e of enabling the parent company to carry on orne part of it e tablished line of bu ine throuO'h uch sub idiary.
2-5005. All law", exempting property from taxation, other than the property herein numerated, ..,hall be void.
Note: The committee decided to omit Sec. 2-5003 as no longer of any practical benefit or effect.
Section II.
Purposes and Method of Taxation.
2-4901. Paragraph 1. Taxation, how and for what purposes exercised. r.Ihe power of taxation over the whole State hall be exerci eel by the General As embly for the following purpo e only:
1. For the support of th tate O'ove'rnment and th 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 uppres insurrection, to repel inva ion and defend the tate in time of war.
5. To make provi ion for the pa~lIlent of pen ion to ex-Confederate soldiers and to the widow of onfederate soldier who were marrie I to such oldieI' prior to January 1, 1920, and who have remaine I unmarried ince the death of uch soldier.
6. To con truct and maintain tate buildin as and. a system of State highways.
7. To make provi ion for th payment of old-age ,assi tance to aged persons in need, and for the payment of assistance to the needy blind. -and to dependen.t children and other welfare benefit ; provided that no p.erson hall b entitled to the a i<>tance herein authorized, wh9 doe not qualify for u h provi ion in every re pect, in accordance witb enactment of the General ssembly, which may be in force and ffect, pre cribing the qualification for beneficiaries hereun leI': Provided no indebtedne again t the State hall vel' be created for the purpo e herein stated. in exce of the taxe lawfull.y levied each fi cal y ar under Acts of the General embly'authorized hereunder for u h purpose .
. To adverti e and promote the agrjcultural, industrial, hi toric, recreational and natural re ource of the
tate of Georgia.
9. For public health purposes.
Act 1943, Page 64. Paragraph II. Teacher retirement system - taxation for. The lower of taxation may be exercised by the tate through th General A :.
embly and 'by ountie and mnnicipalitie for tb pnr-
15

pose of paying pension and other benefits and co t under a teacher retirement s} tern or sy terns; provided no indebtedne s against the State shall ever be created for the purpose herein stated in exce of the taxes lawfully levied each fi cal year under Acts of the General Assembly authorized hereunder.
ew. Paragraph III. All money collected from taxes, fees and as e ments for State purpo e , as authorized by revenue mea ures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and hall be appropriated therefrom, as required by this Constitution, for the purposes et out in this ection and for these purposes only.
2-5007. Paragraph IV. The General Assembly may provide for a different method and time of returns, assessment, payment and collection of ad valorem taxes, of public utilities, but not at a greater basis of value or at a higher rate of taxation than other properties.
Section III. State Debt.
2-5101. Paragraph 1. Purposes for which contracted. No debt shall be contracted by, or on behalf of the State, except to supply uch temporary deficit as m~y exist in the treasury in any year for neces ary delay in collecting the taxes of that year, to repel inva ion, suppress insurrection and defend the state in time of war, or to pay the existing public debt; but the debt created to supply deficiencie in revenue hall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million,
16

five hundred thousand dollar for the payment of the public school teacher of the State only. The principal amount borrowed for paYment of teacher shall be repaid each year out of the common school appropriation, and the interest paid thereon hall be paid each year out of the general funds of the State.
2-6001. Paragraph II. Bonded debt increased, when. The bonded debt of the State hall never be increased, except to repel invasion, suppre s insurrection or defend the tate in time of war.
2-5201. 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 used for the purpo e specified and for no other.
2-5301. Paragraph :n. State aid forbidden. The
credit of the State shall not be pledged or loaned to ,any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with, any individual, company. association or corporation.
2-5601. Paragraph"'. Assumption of debts forbidden. The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection 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 amendment was ratified on November 8, 1932, and which amendment provided for the a sumption by the State, of indebtedness of the several counties of the State, as
17

well as that of the Coa tal Highway District, and the asse sments made against the counti s of said district for the construction and pa ing of the public roads or highways (including bridges) of the tate, under certain conditions and for the issuance of certificate of indebtedne for uch indebtedne 0 a 'umed, i continued of full force and effect until uch indebtedne s as umed by the State is paid and u h certificate of indebtedness I' tired.
2-5701. Paragraph \ I. Profit on public money. 'I he receiving directly or indir ctly, by any officer of State or county or member or officer of the General Assembly, of any intere t, profit or perqui ite , arising from the use or loan of public fund in hi hands or moneys to be rai ed through hi agency for tate or county purpo e , shall be deemed a felony, and punishable a may be prescribed by law, a part of which puni hment hall be a di qualification from holding office.
, 2-5901. Paragraph VII. Certain bonds not to be paid . The G neral A embly hall have no authority to aplropriate mon Y either directl or indirectly, to pay" the whole, or any part, of the principal or interest of the bond, or other obligation which have been pronounced illegal, null and void by the General sembly and the Constitutional amendments ratified by a vote of the people on the fir t day of May, 1 77; nor hall the General A embly have authority to pay any of the obligations created by th State under law passed during the late war between the tate, nor any of the bond, notes or 'obligation made and entered into during the en tence of said war, the tim for the payment of whicb wa fixed after th ratification of a treat of peace between the , nited tate and the Confederate tate; n6r hall the General A sembly pa any law, or'th Governor or an
1

other State official, enter into any contract or agreement whereby the State hall be made a I arty to any uit in any court of thi State, or of the nited tates instituted to test the validity of any such bond or obligations.
2-6101. Paragraph VIII. Sale of State's property to pay bonded debt. The proceeds of the ale of the Western and Atlantic, Macon and Brun wick or other railroads. held by the tate and any other property owned by the tate, whenever the General 'sembly may authorize the ale of tIl whole or any part thereof, shall be applied to the payment of the bonded d bt of the
tate, and hall not be u ed for any other purpose whatsoever, so long a the tate has any exi ting bonded debt; provided that the proceeds of the ale of the Western and Atlantic Railroad shall be applied to the payment of the bond for which said railroad ha been mortgaged in preference to all other bond .
2-6201. Paragraph IX. State Sinking Fund.. The General A embly shall rai e by tax.ation each year, in addition to the sum required to pay the public expense, uch amounts a are necev ary to pay the interest on the public debt and the principal of the public debt maturing in su b year and to provide a sinking fund to pay off and retire the bond of the tate which have not then matured. The amount of ucb annnal levy shall be determined after con ideration of the amount then held in the sinking fund. The taxe levied for such purpo e and the aid inking fund, shall be applied to no other purpo e whatever. The fund in the aid inking fund may be invested in the bond of the tate, if such bond can be purchased at or below par, and also in bond' and
ecuritie i sued by the federal o-overnment and ubsidiary c~rporation . ~f the Federal Government fully guarant ed by that Government. If th 'aid bond are
19'l '

not available for purcha e, the fund", in the sinking fund may be loaned by the Treasurer of the State, with the approval of the Governor, upon term to be fixed by such official and when amply ecured by bond of the
tate or Federal Government.
Note: The committee decided to eliminate Sec. XV, Quarterly Reports of the Comptroller General and Treasurer, Sec. 2-6301.
Note: The committee decided to strike Sec. 2-6501 in reference to Public Printing.
Section IV. Taxation by Counties.
2-5402. Paragraph 1. 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 expen es 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. 4. To build and repair the public buildings and bridges. 5. To pay the expen es of courts, the maintenance and support of prisoners and to pay sheriffs and coroners and for litigation: 6. To build and maintain a system of county roads. 7. For public health purposes in said county, and for the collection and preservation of recordu of vital statistics. 8. To pay county police. 9. To support paupers. 10. To pay county agricultural and home demonstration agents.
20

11. To provide for payment of old age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefits, provided that no per on shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect, in accordance with enactment of the General Assembly which may be in force and effect prescribing the llualifications for beneficiaries hereunder; provided no indebtedness or liability against the county 'hall ever be created for the purpose herein stated, in exce s of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder for such purposes.
Acts 1937-38, Page 28. 12. To provide for fire protection of forest lands and for the further conservation of natural resources.
Acts 1937-38, Page 39. 13. To provide medical or other care, and hospitalization, for the indigent sick people of the county.
Section V.
Taxing Power and Contributions of Counties, Cities and Politicali Divisions Restricted.
2-5401. Paragraph 1. The General A embly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to hecome a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations
21

within their re pective limits. If any municipal corporation shall offer to the State any property for locating or building a capitol, and tb State accepts sucb offer. the corporation may comply witb uuch offer.
Section VI.
Contracts between Counties, Municipal Corporations and Public Agencies for Use of Public Facilities.
2-5403. Paragraph 1. (a) Any cit r, towll, munici-
pality or county of thi tate may contract for any period not exceeding thirty yearv, witb each other or with any public agency, publi corporatioll or authority now or hereafter created for the use by such subdivision or the residents thereof of" any faciliti or services of any uch city, town, municipality, county, public agency, public corporation or authority provided ucb contracts shall deal with uch activitie and transactions as such ubdivision are by law authorized to undertake.
(b) An:r city, town, municipality or county of thi
State is empowered, in connection with any contracts authorized by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city. town, municipality or county for the benefit of residents of such ubdiviEions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any uch public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this section shall re trict the pledging of revenues of such fa-
22

cilities by any public agency, public corporation or authority.
(c) Anv 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 sick, and maya a part of such contract obligate itself to pay for the co t 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 corporation or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by uch city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other source.
Section VII.
Limitation on County and Municipal Debts.
2-5501. Paragraph 1. 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 one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of two-thirds of the qualified voters thereof, voting at an election for that purpose to be held as prescribed by law: Provided, said two-thirds so voting shall be a ma-
23

jority of the registered voters, and provided further that all laws, charter provisions and ordinance heretofore passed or enacted providing special reQi tration of the voter of counties, municipal corporation and other political divi ion of thi tate to pa upon the i suance of bond by uch countie ,municipal orporation and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pa s or enact any law providing for such vpecial regi tration, but the validity of any and all bond is ue by such countie.. municipal corporation or other political division made prior to January 1, 1918, shall not be affected hereby.
2-5502. Paragraph II. Levy of taxes to pay bonds. Any county, municipal corporation or political division of this State which ball incur any bonded indebtedness under the provi ion of tbiv on titution, shall at or before the time of so doing, provide for tbe assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from tbe date of the incurring of aid indebtedness.
ew. Paragraph m. In addition to the debt author-
ized in paragraph I of tbis section, to be created by any county, municipal corporation or political ubdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this
tate, in exce s of even I er centum of the a sessed value of all the taxable property therein upon the following condition : Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the a ses ed value of all the taxable property in uch count " municipality or political subdivision; such additional debt shall be payable in equal instalment within the five ear next ucceeding the i -
2

Buance of the evidence of uch debt; there hall be levied by the governing authorities of u h county, municipality or political ubdivision prior to the i uance of uch additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision colL ctable annually. officient to pay in full the principal and intere t of uch additional debt when and a due; uch tax shall be in addition to and eparate from all other taxe levied by uch taxing authoritie , and the collections from uch tax hall be kept eparate and shall be held, uued and applied olely for the payment of the principal and intere t of such additional indebtedness; authority to create uch additional indebtedness sha]) first have been authorized by the General A sembly; the creation of uch additional indebtednes hall have been first authorized by a vote of the regi tered voter of <:'ucl;i. county, municipality or political ubdivi ion at an elecc tion held for such purpose, pursuant to and in accordanc~ with the provision of this Constitution and of the then exi ting laws for the creation of a debt by countie , mu~ nicipal corporation and political ubdiviuion of this State, all of which provision, including tho e for calling, advertising, holding and determining th~ result of, suc~ election and the vote necessary to authorize the creation of an indebtednes , are hereby made applicable to an election held for the purpo e of authorizing uch additional indebtednes .
ew. Paragraph IV. In addition to the obligations hereinbefore allowed, each ounty, municipality and political subdivi ion of the tate authorized to levy taxe , is given the authority to make temporary loan between January 1st and December 31st in each year to pay expen es for such year, upon the following conditions:
The aggreO'ate amount of all uch loan of uch county

municipality or political subdivision outstanding at an) one time, shall not exceed seventy-five per centum of the total gross income of such county, municipality or political ubdivision from taxes collected by such county, municipality or political subdivision in the last preceding year. Each such loan shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid, which was made in a prior year under the provisions of this paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan, adopted by a majority vote of the governing body of such county, city or political subdivision, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality or subdivision shall incur in anyone calendar year, an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of such county, municipality or subdivision for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year.
Acts 1943, Page 47. Paragraph V. Revenue Anticipation Obligations. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal 'corporation or political subdivi ion is authorized by the Act of the General As embly approved March 31, 1937, known as the 'Revenue Certificate Laws of 1937,' a amended by the Act approved :March 14, 1939, to con-
26

struct and operate, or to provide funds to extend, repair or improve any such existing facility. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenueproducing facilities of the issuing political subdivision, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof.
Section VIII.
Sinking Funds for Bonds.
New. Paragraph I. All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to payoff the principal and interest of such bonded indebtedness thereafter maturing. The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality or subdivision. and shall be
27

used for no purpo e other than that above stated. The

moneys in u h inking fund may be invested and rein-

ve ted by the governing authorities of such county,

municipality or ubdivi ion, 01' b uch other authority.

a ha been cr ated to hold and manage uch inking

fund, in the bond of ucll county, municipality or 'ub-

divi ion, and in bond or obligation of the State of Geol'~

gia, of the countie and citie thereof and of the gov-

ernment of th United tates, of ub idiary corporations

of the Federal Government full guaranteed by .. uch gov~

ernment, and no other. Any per on or I er on violating

the above provi ion, haH be guilty of malpractice in

office and hall al 0 b guilty of a misdemeanor, and shall

be punished, when convicted, a prescribed by law for't,he

puni hment of mi demeanors, until the General Assembly I haH make other provivion for the violation of the terms

,of thi paragraph.

,.' .

Section IX.

'"i ,

Appropriation Control. (Thi ection i new) .

ew. Paragraph 1. Preparation and Submission of General Appropriation Bill. The Gove~nor sball; iuter obtaining uch information 'as be deems neces ary as to th~ needs of the various tate depart~ents and agencies, .. ubmit to the General s embly within fifteen days of it organization, a budO"et me age accompanied by a draft of a General Appropriation Bill, which shall provide for the appropriation of the fund necessary to operate all tbe variou departments and agencie , and to meet the current expen es of the State for the en uing fiscal
ear.
Paragraph II. Each General ppropriation Act, with

:2

such amendment a are adopted from time to time, hall continue in force and effect for each fivcal year thereafter until repealed or another General ppropriation Act is adopted; provided, however, that ach ection of the General Appropriation Act in fore and effect on the date of the adoption of thi on titution, of general application and pertaining to the admini tration, limitation and restriction on the paym nt of appropriations and each ection providino- for appropriation of Federal Grant and other continuino- appropriation and adju tments on appropriation hall remain in force and effect until specifi ally and cparat ly repealed by the General A sembly.
Comment: There are certain general provisions in The General Appropriation Act which it seems should be continued without the necessity of repetition in each succeeding General Appropriation Act. These cover such provisions as that appropriations are in lieu of fees and other collections; when the duties of an agency are transferred to another agency. the appropriation follows the agency; federal funds received by the State are continually appropriated; that certain budget requirements must be complied ,vith before appropriations are paid; that the income of the State shall be prorated monthly and that unallotted portions of each appropriation shall lapse. We have provided that these provisions as now contained in the General Appropriation Act shall continue of force until specifically and separately repealed by the General Assembly. This will obviate continued repetitions of these provisions until such time as the General Assembly may change them.
Paragraph Ill. Other or Supplementary Appropriations. In adclition to the appropriations mad b the General Appropriation Act and amendments tbereto, the General Assembly may make additional apI ropriations by Acts, wbich hall be known as upplementary appropri.ation Acts; provided no such upplementary appropriation hall be available unle s there is an unappropriated urplus in the tate Treasury or the revenue necessary to pay such apI ropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Trea. ury. Neither House
29

shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both House and approved by the Governor.
Paragraph IV. Appropriations to be for specific sums. The appropriation for each department, officer, bureau, board, commission, agency or institution for which an appropriation is made, shall be for a specific sum of money, and no appropriation hall allocate to any object, the proceeds of any particular tax or fund or a part or per centage thereof.
Paragraph'. Appropriations Void, When. nyappropriation made in conflict with either of tbe foregoing provi ion hall be void.
Comment on Section IX; There seems to be general approval for the Budget Law now in force and the system of handling the income of the State after appropriations are made and before disbursements to the various departments. Your committee has considered both the question of maximum limitations upon the power of the General Assembly to appropriate, and the question of the control of the Governor over disbursements thereafter. At least one state has substantially copied the Georgia Budget Act into its Constitution. The power of the Governor under the Budget Act, is great. Your committee finally decided not to incorporate in the draft of the new Constitution, either additional limitations upon the power of the General Assembly to appropriate, or the provisions of the Budget Act. These are thus left to the judgment of the General Assembly in future years as different circumstances may arise in the future.
Section X.
Existing Amendments Continued of Force.
Paragraph 1. Amendments to the Constitution of the State of Georgia of 1877 in effect at the date of the ratification by the voters of the State, of this proposed Constitution, shall continue of full force and effect after the ratification of this proposed Constitution, where such amendments are of merely local, and not, general, application, including the amendment creating tbe Coastal
30

Highway District of thi tate. There i al 0 ontinued under this provi ion in force and effect, amendment to the Con titution of 1877 applicable to counties and cities having a population in excess of a number stated in such amendment, and amendment applicable to counties having a city therein with a population in excess of a number stated in uch amendment, where such amendments are in force and effect at the time of the ratification of this propo ed Constitution.
31

REPORT and RECOMMENDATIONS
OF
SUB-COMMITTEE No.4
TO
STATE COMMISSION
TO
REVISE THE CONSTITUTION 1944
-

Atlanta, Ga. March 14, 1944

Governor Ellis Arnall,

State Capitol,

Atlanta, Georgia.

:",

Dear Governor:

Each member of Sub-Committee No.4 ha authorized me to file the original Committee redraft of Article V with you as their recommendation. For that reason, it will 'riot be necessary for our Committee to have another meeting.

I am attaching a copy of Article V as redrafted by the nb-Committee to deal with this Article.

With best wishes, I am

Very truly yours,

FRED HAND, Chairman.

Sub-Committee o. 5.

1

ARTICLE V.
Executive Department.
Section I.
Chapter 2-26. Governor.
~-2601. (Paragraph II. Sec. 2-2602). Governor; term of office, salary, etc. The executive power shall be ve ted in a Governor, who "hall hold his office during the term of four years, and until hi uccessor hall be chosen and qualified. Mter qualifying for a four-year term, he hall not be eligible to be reelected for the next succeeding four-year term, or any part thereof. He shall have a alary of seven thou and five hundred dollar per annum (until otherwise provided by a law passed by a two-thirds vote of both branches of the General A sembly), which hall not be increa ed or diminished during the period for which he shall have been elected; nor hall he receive, within that time, any other emolument from the United
tates, or either of them, or from any foreign power. The State officer required by thi Con titution to be elected at the arne time, for the arne term, and in the same manner a the Governor shall al 0 hold office for four year.
2-2602. (Paragraph m. Sec. 2-2603). Election for
Governor. The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1946, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadriennially thereafter, on said date, until another date be fixed by th.e General A sembly. Said election hall be held at
2

the places of holding- g-eneral elections in the several counties of this State, in the manner prescribed for the election of members of the General As embly, and the electors shall be the same.
2-2603. (Parag-raph IV. Sec. 2-2604). Returns of elections. The Ordinary in each County shall certify to the Secretary of State the results in uch County in the election of Govel'llor and all Constitutional officers, and for the purpose of information it shall be the duty of the Secretary of State to con olidate the results and announce the same. The returns for every election of Governor and Constitutional officers shall be sealed up by the manag-ers . eparately from other returns and directed to the Pre 'ident of the Senate and the Speaker of the Hou e of Representatives. and transmitted to the Secretary of State, who shall, without opening- said returns, cause the same to be laid before the Senate on the day after the two house shall have been org-anized, and they shall be transmitted by the Senate.to the House of Representative"'.
2-2604. (Paragraph V. Sec. 2-2605). How returns published. The members of each branch of the General A:;;sembly shall convene in the Representative Hall, and the Pre ident of the Senate and Spe::tker of the House of Representatives shall open and publish the returns for Governor and Constitutional officers in the presence and under the direction of the General Assembly; and the candidate for any office having- the majority of the whole number of vote shall be declared duly electea to aid office. If no candidate shall have such majority, then from the two persons having- the highest number of, votes, who hall 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 viva voce. In
3

cases of election by the General Assembly, a majority of the members present shall be necessary to a choice.
2-2605. (Paragraph VI. ec. 2-2606). Contested elections. Contested elections shall be determined by both houses of the General Assembly in uch manner as shall be prescribed by law.

2-2606. (Paragraph VII. Sec. 2-2607). Qualifications of Governor. 0 person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years.

2-2607. (Paragraph VIII. Sec. 2-2608). Death, resig-

nation, or disability of Governor. In case of the death,

re ignation, or disability of the Governor, the President

of the Senate shall exercise the executive powers of the

government until such disability be removed, or a suc-

ce or is elected and qualified. And in case of the death,

re ignation, or disability of the President of the Senate,

the Speaker of the House of Repre entatives shall exer-

cise the executive powers of the government until the

removal of the disability, or the election and qualification

of a Governor.

-

2-2608. (Paragraph IX. ec. 2-2609). U n e x p ire d terms, filling of. The General Assembly shall have power to provide by law for filling unexpired terms by special elections.

2-2609. (Paragraph X. Sec. 2-2610). Oath of office. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve,

4

protect, and defend the Constitution thereof, and the Constitution of the United States of America."
2-2610. (Paragraph XI. Sec. 2-2611). Commander in chief. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof.
2-2611. (Paragraph XII. Sec. 2-2612). Reprieves and Pardons. There shall be a State Board of Pardons and Parole, composed of three members, who shall be appointed by the Governor and confirmed by the Senate. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction, except in cases of impeachment, and except in cases in which the Governor refuses to suspend a entence of death. The Governor shall have power to su pend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles shall have an opportunity of passing on the application of the convicted person for any relief within the power of such Board. The State Board of Pardons and Paroles shall be appointed for such term, shall receive such compensation, and perform aU duties as provided by law.
2-2612. (Paragraph XIII. Sec. 2-2613). Writs of election; caJled sessions of the General Assembly. The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives, and shall give the General Assembly, from time to time, information of the state of the Commonwealth, and recommend to their consideration such measures as he may deem necessary or expedient. He shall have power to convoke the General Assembly on extraordinary occas-
5

ion, but no law shall be enacted at called e ions of the General As embly, except uch a shall relate to the object tated in his proclamation convening them.
Provided, however, that when three-fifths of the members elected to the Hou e of Representatives and thre fifth of the member elected to the Senate hall have c 1'tified to the Governor of the tate of Georgia that in their opinion an emergency exist in the affair of the State of Georgia, it hall thereupon be the dut. of aid Governor and mandatory upon him, within five days from the receipt of such certificate or certificate, to convene aid General Assembly in extraordinary se ion for all purpose ; and in the event said Governor hall, within said time, Sundays excluded, fail or refuse to convene aid General A embly as aforesaid, then and in that event said General
embly may convene itself in extraordinary se ion, a if convened in regular session for all purpose , provided that such extraordinary, elf-convened session shall be limited to a period of 30. day, unles at the expiration of aid period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General As embly hall be authorized to remain in session until such trial shall have been completed.
The members of the General Assembly hall receive the same per diem and mileage during such extraordinary es ion as i now or may be hereafter provided.
2-2613. (Paragraph XIV. Sec. 2-2614). Filling vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor hall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a uccessor is commissioned, agreeably. to the mode pointed out by this Constitution, or by law in pursuance thereof.
6

2-2614. (Paragraph X . ec. 2-2615). Appointments rejected. A per on once rejected by the Senate hall not be reappointed b3T the Governor to the arne office during the arne e ion or the reces thereafter.
:.-2615. (Paragraph XVI. ec. 2-2616). Governor's veto. The Governor shall hav the revi ion of all bills pa ed by the G neral A sembly before the am shall become law, but two-third of each hou e may pa s a law notwith tanding hi dis ent; and if any bill hould not be returned by the Governor within five days (Sunday ex ept d) after it ha b en pre nted to him, the arne hall be a law; unle s the General A embly, by their adjournment, hall Irevent its return. He may approve any appropriation, and disapprove any other appropriation. in the same bill, and the latter hall not be effectual, unl pas d by two-third of ea h house.
2-2616. (Paragraph XVII. ec. 2-2617). Governor to approve resolutions, etc. Every vote, re olution, or order, to which the concurrence of both hou e may be nec ary, xcept on a que tion of election or adjournment, hall be pre ented to th Governor, and before it hall take effect, be approved by him, or being di approved, hall be repa ed by two-third of each house.
2-26l7. (Paragraph XVIII. ec.2-261). Information from officers and employees; suspension of officers. The Governor may require information in writing from Con titutional officers, department head, and all State employees, on any subject relating to the duties of their re pe tive offices or employment. The General Assembly 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 also for the appointment of a suitable per on to discharge the dutie of the arne.
7

Section II.
Chapter 2-27. Other Executive Officers.
2-2701. (Paragraph 1. Sec. 2-2701). Constitutional officers, how elected. The Secretary of State, Comptroller General, Treasurer and all other Constitutional officers, shall be elected by the persons qualified to vote for members of the General Assembly at the arne time and in the same manner as the Governor, unle s otherwise provided by law. The General Assembly shall have power to prescribe the duties, authoritie~ and salaries of all Constitutional officers, and to provide help and expenses necessary for the operation of the Department of each. They shall be commissioned by the Governor and hold their offices for the same term as the Governor, unless otherwise provided by law.
2-2.702. (Paragraph VI. Sec. 2-2704). Qualifications. No person shall be eligible to the office of Secretary of State, Comptroller General, Treasurer, or any office p'rovided for under this Constitution, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulations to be prescribed by law for the faithful discharge of their duties.
2-2703. There shall be a Public Service Commission for ~he regulation of utilities, vested with the jurisdiction, powe~s and duties now or hereafter prescribed by the General Assembly, not inconsistent with the provisions of this Constitution. Such Commission shall consist of fiv~ members, who shall be elected by the people. The Chairman shall be elected by the members of the Commis-
8

sion from one of its members. The compensation, date and method of election, and term of office of the members, and the manner of :filling vacancies, hall be uch a are now or may hereafter be provided by the General embly.
Section III. Chapter 2-28. Seal of State. 2-2801 (Par. I. Sec. 2-2 01). Great seal; what constitutes; custody; when affixed to instruments. The great eal of the State haH be deposited in the office of the Secretary of State and hall not be affixed to any in trument of writing except by order of the Governor or General Assembly, and that now in u e ball be the great Seal of the State until otherwi I rovided by law.
FRED HA1\TD, Chairman RATTO LOVEJOY T. GRADY HEAD B. E. THRASHER, JR. ELLIS ARNALL JEFF POPE R. E. L. 1AJOR,
9

- - - - - --------

REPORT and RECOMMENDATIONS
OF
SUB-COMMITTEE No. 5
TO
STATE COMMISSION
TO
REVISE THE CO STITUTION
1944

Augusta, Georgia December 28, 1943
Governor Ellis Arnall, Chairman Committee to Re-Draft Constitution Atlanta, Georgia
Dear Sir: I ubmit this report from ub-Committee Five to re-
write Article Three, Legislative Department, of the State Constitution. I am attaching hereto a copy of the Article as re-drafted and in this report I am etting forth in detail the change made from the present Constitution, a follows:
Section I. Section I is the same as the present.
Section II. Section II contains three Paragraphs. The first states that there hall be fifty-two Senatorial Districts and each District shall have a Senator. The second ets out in detail a list of counties composing each District. The third provides that the Districts may be changed by the General A sembly after each Federal census. In order to shorten this Section we have re-written it in one Paragraph and provided that there hall be fifty-two Senatorial Districts and each Di trict hall have a Senator, that they shall be compo ed of counties a now constituted and that the General As embly shall have the right to rearrange the Districts after each Federal cen u..
Section III. Paragraph I. This Paragraph has been rewritten to clarify it. It was jumbled up as written on account of the rewritino' at the time of a creation of a new county. There i no change in meaning. As rewritten, representa-
1

tion in the Hou e i apportioned a follow : Three repre entative to the eight largest counties two repre entative to the next thirty and one representative to the remammg.
Para.graph II. Paragraph Two i rewriten to conform to Paragraph One. Paragraph One in the pre ent Constitution provide for three representative from the eiO'ht large t countie two repre entative from the next thirty and one I' pre entative from each of the remaininO' countie and thi Para raph i.. in direct conflict therewith. This Paragraph in the pre ent Constitution provide for the change of apportionment after ea h Federal census so a to o'ive to the ix largest countie three repre entatives, th twenty- ix n xt largest countie two repre entative and one repre entative to th remaining countie . This ParaQ'raph ha been rewritten to make it conform to the apportionment provided for in ParaO'raph On and eliminate the conflict.
Section IV.
Paragra.ph I. Paragraph One ha not been changed materially. It ha imr ly been clarified. The Committee just struck the followin o' from the end of the Paragraph to-wit: "The provi lon of this ParaO'raph, Section and Article hall apply to the terms of the members of the G neral A mbly, who w re elected at the General Ie tion for m mbeL of th G neral embly in the year 1912.
Paragraph II. There i no hano'e in ParaO'raph Two except the date are made to conform to the present time. A rewritten, it provides that the first election for members of the General A embh- under this on titutiun shall take plac on the fir~t Tuesday in ovember, 1946 and not on the fir, t W dne.. day in December, 1 77.
2

Paragraph III. Paragraph Three i in erted and provides for the filling of vacancie. in the General Assembly by an e] e tion.
Paragraph IV. Thi Paragraph is Paragraph Three in the pre ent on titution and i rewTitten exactly as it now i with th exception that th lat are hanged to conform.
Paragraphs V, and VI. Th e two Paralrraph are carried a Paragraph I\T and Y in the pre ent Con titution and there i no chano-e in either.
Paragraph VII. On hange ha b en rna Ie in ParaO'raph Seven. There ba been added to tbe nd of the provi 'ion that no member of the General s embly shall be el ted by the embly or appoint d by the Governor during the time for "WIlich h ball have been 1 cted, tbe following lanO'uaO'e: nle he ba11 fir t resi!rll his eat.' Tbi will make the rule applicable to the member of the Legi lature the arne a that of ongre smen. We recommend thi change because the pre ent Con titution prohibits the Governor from appointiuO' experienced peron to public office and k p exp rienced people from running .for the legi latur becau they do not wish to be di qualified to accept any kind of appointment.
Paragraph VIII. Th I' i.. no hanO'e iu Paragraph EiO'ht.
ote: Paragraph Six of the present Constitution is eliminated. It is in direct conflict with Paragraph Thl"ee of the present Constitution and Paragraph Four as recommended. It provides no session of the General Assembly shall continue longer than fifty days. The other provision provides for a seventy day session as the Legislature sees fit. This Paragraph was eliminated to avoid this conflict in the Constitution.
Section V. There i no change in Section Five.
3

Section VI.
There i only one change in Section Six. In Paragraph Three the present Constitution state that the Hou e . hall have the ole power of impeachment and another provision provide that the enate shall have the ole power to try impeachments. To avoid the confu ion we have changed Paragraph Three to read that the House shall have sole power to vote impeachment charges.
Section VII.
Paragraphs I. II, and III are not changed.
Paragraph IV. Paragraph Four provide. for tbe publication of the Journal. ParaOOl'aj h Eleven of th pI' ent Constitution provid for publication of the A ts. ,Ve have simply taken from Para oTaph Eleven the 1 rovision for the publication of the ct and adde I to thi Paraooraph.
Paragraphs V, "' I \ 'II, "' lIT, IX, :s:: ar not chanoed.
Paragraph XI. Paraooraph Eleven i the am as pre ent except the provi ion for the publication for l' c ipt and expenditure of public mon ~T every three month i tricken. Thi provi -ion ha n Vel' b n oml Ii d with an 1 a y tern of auclitin oo and puLJlication f audit. ha been ub tituted.
Paragrpahs II, ..L; XIII. XIV ar not chanO' d.
Paragraph XV. ':Phi Paragraph i ~ixt en in the pre ent on titution. ParaooraI h Fift n wa ~tricken by an amendment in] 6. Thi~ Paragraph on th notice of intention to a k local legi lation ha been written with a view to eliminating orne of th critici m - of local bill which are I a d without pubE ation and which abolish local offices durln oo the term for which peopl ha\' been elected.
Paragraphs XVI XVII, X, III, XIX, XX, XXI XXII,

and XXIII, have not been changed. Paragraph XXIV. Paragraph Twenty-Four deals with
zoninO' and planning law. Heretofore each municipality and county had to amend this Paragraph to authorize the General A embly to pa s zoning and planning law..., affectinO' that particular municipality or cOlmty. To eliminate so many amendment to the Constitution authorizino' zonin o' and llannino. law~, we hav rewritt n thi.' Paragral h to oive the General As embly authority to pass zoning and plannino'laws affecting all mnnicipalitie and counties.
Section VIII. Paragraph I. Paragraph One is written as it now appear with the exception that the limit upon the amount to be paid for the 01 eration of the ecretary of the ~enate' Office and th I rk of the House i tricken out of the Con titution and left for the Legi. lattue to fix from time to time.
Section IX. Paragraph I. Paragraph One of ection ine i entirely rewritten. :Members of the Legi lature shall receive the pa a now provided in Paragraph One, ection Eight of Arti Ie 'rhree of the onstitution and the Legi latur shall have the authority to :fix the pay in the future. However, the pay cannot be reduced or increa ed during the tim for whi h th m mb l' are elected.
Section X. Section Ten ha not been changed.
Section XI. Section Eleven ha been omitted. It deals with l\'l:arried Women' property and hould be inserted in it proper place in the on titution. It i out of place in this Article.
5

Section XII. ection T~elye has been omitt d. Tbi 'ection deal with In uranc oml anie and i out of place in tbi Article and bould be included in om other rticle or in a eI arate Articl . "Vi r omm nd that Section Twelv be adopted a a I arate and 11e"- Arti Ie of the onsti tlltion by it<'elf.
Re pectfully llbmitted, ROY"' . HARRIS, Chairman. J :L\IE Y. ARMI HAEL HAMILTON HOLT ~DIE . D RDEK WILL R. :L\IITH DAVID J. AR OLD ELLI AR ALL
(j

A PROPO ED ARTICLE III OF THE 0 TITUTION WRITTEN BY THE HAIR AN OF THE SUB- OM UTTEE T THE DIRECTIO OF THE MEMBER O:H' THE B-CO?\IMITTEE PRE E T AT A MEETI G HELD IN ATLANTA, GEORGIA,
o DECEMBER 17 1943.

Article III.
LEGISLATIVE DEPARTMENT.

Section I. Legislative Power, Where Vested.

Paragral h 1. Power Vested in General Assembly. The legislative power of the tat 11a11 be ve ted in a General A embly which shall on i t of a . enate and House of Repre entativ .

Section II. Senatorial Districts.

Paragraph 1. Number of Senators and Senatorial Dis-

tricts. The enate hall consi t of fifty-two member

and there hall be fifty-two enatorial District with one

Senator from each District. The various enatorial Dis-

tri t hall be ompri ed of th countie", a provided for

in the Con titution which i. uper. eded by thi Con ti-

tution, and th General

mbl shall have authority

to rearrange and hano-e the e District at the fir t session

after each cen u taken by the Federal Government.

Section III. County Representation. Paragraph I. Number of Representatives. The House of Repre entatives shall consist of representatives appor-
7

tioned among the several counties of the State as follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representative each; and to the remaining countie , one representative each.
Paragraph II. Apportionment changed, how. The above apportionment hal L be changed by the General Assembly at its fir t ession after each cen u taken by the United tate Government in accordance with the provision of Paragraph I of ~ection ill of thi article.
Section IV. The General Assembly.
Paragraph 1. Term of members. The members of the General A sembly hall b elected for two year , and shall serve until the time fixed by law for the convening of the next General Assembly.
Paragraph II. Election, when. The fir t election for member of the General mbly, under thi on titution shall take place on the first Tue day in ovember, 1946, and subsequent election biennially, on that day, until the day of election i changed by law.
Paragraph ill. Vacancies filled, how. All vacancie in the General Assembly hall be filled by pecial election called upon writ of election to be is ued by the Governor.
Paragraph IV. Meetings of the General Assembly. The General Assembly shall meet in regular se ion on the second 10nday in January, 1947, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of members elected to both Houses, the General As embly may adjourn any regular e sion to such later date as iFIbay fix for reconvening in regular ue ion. but shall

remain in regular session no longer than seventy (70) days, in the aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of seventy (70) days without fixing a date for reconvening', the General Assembly shall reconvene in regular session on the second "Monday in January of tIle next year. All business pending in the Hou e 01' ~enate at the adjournment of any regular session may be considered at any later regular session of the same General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary ses ion, or tIle duty of the Governor to convene the General As embly in extraordinary session upon the certificate of three-fifths of the members elected to the House of Representatives and Senate, as provided in Article 5, Section 1, Paragraph 13 of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary e sion, the Senate may continue in se sion until such trial is completed. The provisions of Paragraph 3, Section 4 of Article 3 of the Constitution which this Constitution supersedes which apply to the meetings of the General A sembly shall continue in force until the econd "Monday in January, 1947.
Paragraph V. Quorum. A majority of each House shall constitute a quorum to tran act business; but a smaller number may adjourn from day to day and compel the presence of it abo ent members, as each house may provide.
Paragraph VI. Oath of members. Each Senator and Representative, before taking hi seat, shall take the following oath, or affirmation, to-wit: "I will support the Constitution of this State and of the United States, and on
9

all que tion and mea ure which may come before me, I will 0 conduct myself a will. in my judgment, be most conducive to the intere t and pro perity of this tate.'
Paragraph VII. Eligibility: Appointments forbidden. No per on holding a military comilli ion, or other ap1 ointment, or office havin o' any molument, or compen ation annexed thereto, und I' tbi tate, or the nited
tates, or either of them, except Ju tice. of the Peac and officers of the militia, nor any defaulter for public money, or for an leO'al taxe. required of him, shall have a eat in either hou . nor uhall any enator, or Repr entativ , after hi qualifi ation a uch, be elected b~' the General A s mbl.. or appointe I by the Governor either with or without the advice and con ent of the
enate, to any office or appointm nt havinO' any emolument annexed thereto. during the time for which he hall hav b en lected, unle h hall fir. t re ign hi seat.
Paragraph VIII. Removal from District or County, effect of. The eat of a m mber of either he-use shall be vacat d on hi removal from the di trict or ounty from which he wa el ted.
Section V. The Senate.
ParaO'raph I. Qualifications of Senators. The enator hall be citizen of th nited tate, who have attained the age of twenty-five years, and who shall have been citizens of this tate for four year, and for one year re ident of the eli trict from which elected.
Paragraph II. President. The preuiding officer of the enate hall be tyled the Pre ident of the Senate, and shall be elected viva voce from the Senators. Paragraph III. Impeachments. The enate hall hav th ole power to try impeachment.
10

Paragraph

n

T

Trial of impeachments.

When sitting

for that purpo e, the member hall be on oath, or af-

firmation, and hall be pre ided over by the Chief Ju tice

or the Pre iding Ju tic of the upreme ourt. hould

the hief Ju tice be cli. qualified, th enate hall select

the Judge of the upreme ourt to pre ide, no per on

hall be convicted without the concurrence of two-third

of the members present.

Paragraph V. Judgments in impeachments. Judgments, in ca e of impeachment, hall not extend further than I' moval from office, and di qualification to hold and enjo any office of honor, trust, or profit, within thi", State; but the party convicted hall neverlhele s, be liable and subject, to indictm nt, trial, judgment, and punishment, according t.o law.

Section VI. The House of Representatives.
Paragraph 1. Qualifications of Representatives. The Repr entative hall be citizen of th nited tates who hay attained the age of tw nty-one year, and who ,-hall have been citizen of thi State for two year , and for one year resident of the counti from which elected.
Paragraph II. Speaker. The pI' idin o' officer of th House of Representatives hall b styled the peakeI' of the Hou e of Repre entative ,and hall be lected viva voce from the body.
Paragraph m. Power to impeach. The Hou e of
Representatives shall have the sole power to vote impeachment charges against all per ons who shall have been, or may be in office.
]1

Section VII.
Enactment of Laws.
Paragraph 1. Elections, returns, etc.; disorderly conduct. Each Hou e hall be the judge of the election, return, and qualification of it members and shall have the power to puni'11 th m for disor lerly behavior, 01' misconduct, bv cen ure, fin , imprisonment, or xpulsionj but no member hall be exp lIed, except bv a vote of twothirds of the House to which he belong.
Paragraph II. Contempts, how punished. Each Hou 'e may punish by imprisonment, not extendinO' beyond the se . ion. any per OIl, not a member, who shall be guilty of a contempt, by any di orderly behavior in its presence, or who shall rescue, or attempt to re cue, any person arrest d by order of either House.
Paragraph m. Privilege of members. The member
of both Hou e hall be free from arre t during their attendance on the General A ,embly, and in O'oing thereto, or l' turninO' therefrom, xcept for trea on, felony, larceny, or breach of th I ace j and no member hall be liable to answer in any other place for anythinO' poken in debate in either Hou e.
ParaQ'l'aph Y. Journals and Acts. Each Hou e shall keep a journal of it lroceedinO', and publi h it immediately aft I' it adjournment. The General sembly shall provide for the publication of the laws pa ed by each e ion.
ParagTaph IV. Journals and Acts. Each House shall Journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
Paragraph VI. Yeas and Nays, when taken. The yeas and nay on any que tion. shall at the de ire of
12

one-fifth of the members present, be entered on the Journal.
Paragraph vn. Bills to be read. Every Bill, before
it shall pass, shall be read tbree times, and on three separate days, in each house, unless in cases of actual invasion, or insurrection, but the fin:t and second reading of each local bill, and bank and railroa 1 charters, hall consist of the reading of the title only, unles said bill is ordered to be engrossed.
Paragraph VIII. One subject matter expressed. No law or ordinance shall pass which refers to more than one subject matter, or contain matt I' different from what is expressed in the title thereof.
Paragraph IX. General appropriation bill. The general appropriation bill shall embrace nothing except appropriation. fixed by previou law, the ordinary expenses of the Executive, Legi -lati, e and Judicial Department of the Gov rnm nt, payment of the public debt and interest thereon, and for sUI 1 ort of the public institutions and educational intere ts of the tate. All other appropriations hall be made by "eparat bill., each embracing but one ubject.
Paragraph X. Bills for revenue. All bills for rai ing revenue, or appro} riating money, shall originate in the House of Representative, but the Renate may propose, or concur in amendment. . as in other bills.
Paragraph XI. Public money, how drawn. No money shall be dra-wn from the Treasur~' except by appropriation made by 1aw.
Paragra} h xn. Bills appropriating money. No bill
or resolution appropriating money ..hall become a law unleC's, upon it pa.. age, the yeas and nays, in each house, are recorded.
J3

Paragraph XIII. Acts signed; rejected bills. All acts shall be igned by the Pre ident of the Senate and the Speaker of th House of Representatives, and no bill, ordinance or re olution, intended to have the effect of a law which hall have been rej cted by eith l' house, ball be again propo ed during the arne s ion, under the same or any other titl , without th con ent of two-third of the hou e by which the arne "a rejected.
Para O'raph XIV. Majority of members to pass bill. 1 0 bill shall become a law unles it shall receive a majorit~ of the votes of all the member elected to each Hou of the General A embly, and it . hall, in every in tance, 0 appear on the Journal.
Paragraph X,. Notic~ of intention to ask local legis-
lation necessary. 0 local or pecial bill shall be passed, unle. noti e of the intention to apply therefor shall have been publi he I in th locality wh re tb matter or thing to be aff cted, may be situated, which notice shall be given at lea t thirty (30) day prior to the introduction of uch bill into the General sembly. and in the manner to be prescribed by law. 0 local or E:pecial bill hall become law unless there is attached to and made a part of said bill a copy of aid notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. 0 office shall be abolished nor the term of office of any official hall be eith l' hortened or lengthened durinO' hi term of office b local or pecial bill unle the que tion hall fir t be ubmitted to a referendum by the people of the juri diction affected.
Paragraph XVI. Statutes and sections of Code, how amended. Jo law, or ection of the Code, shall be amended or repealed by mere reference to it title, or to the number of the ection of the Code, but the amending,

or repealing act, hall <1istinctly describe the law to be amended or repealed, a well a the alteration to be made.
Paragraph XVII. Corporate powers, how granted. The General A ~embly hall ha e no power to grant corporate power and privileo-e to private companie , to make or hange election pre inct , nor to e tablish brid or ferries, nor to chanO'e nam of legitimate chil<1r n; but it . hall pI' cribe by law the manner in whi.ch uch power shall b xerci ed b. the court ; it may onfer tbi~ authority to OTant coq orate power and privilege to private ompanie and to the judge of the nperi r ourt of thi. tat in vacation. All corpOl'ate power.' and privileg to banking, in urance, railroad, canal, navigation, expres and telegraph companie ball be i ue I and oTanted by the ~ecretary of
tate in ncb manner a -hall be pI' cribed by law; and if in any vent th e retary of tate should b di qualified to act in any ca e, then in that vent the legi lature shall provide b gen ral law h~- what per on uch charters hall be o-ranted.
ParaO'raph XVIII. Recognizances. The General embly hall have no power to reli.ev prin ipal or secnr:iti upon forfeited recognizanc ,from the payment thereof, either before or after jn lo-ment thereon, unle the principal in the recognizance hall have been appreh nded and placed in the cu tod~T of th proper officer.
Paragraph XIX. Yeas and nays to be entered, when. Whenever the on titution require a vote of two-third of either or both hou e for th pa aO' of an act or re olution, the yea and nay on the pa saO'e thereof hall be entere 1 on the Journal.
Paragraph L"'{. Street Railways. The General Asembl hall not authoriz the on truction of any treet pa en er railway withi.n the limit of any incorporate
15

town or city, without the con ent of the corporate authorities.
Paragraph XXI. Powers of the General Assembly. The General A embly hall have the power to make all law and ordinance con i tent with this on titution, and not l' puo'nant to the on titution of th nited tate, which they hall deem nece ary and propel' for the welfar of the State.
Paragraph XXII. Signature of Governor. Ol)I'ovision in this Constitution, for a two-third vote of both hou e of the G neral As embly, shall be con tru d to waive the necessity for the iO'natur of th Governor, a in an. other ca e, except in the ca e of the two-third vote required to override the veto, and in case of prolono-ation of a se ion of the General s embly.
Paragraph XXIII. Adjournments. Neither HOll e shall adjourn for more than thre day, or to any other place, without the con nt of the other, and in ca e of di agreement b twe n th two hou e"'. on a que tion of adjournment the Governor may adjourn eith 1', or hoth of them.
Paragraph xxn. Zoning and planning laws. The
General A mbly of the tate hall have authority to grant the governino- authoriti . of the municipalitie and counti authority to pa zonino- and planning law whereby uch citie may be zoned or di trict d for variou u e and other or diff rent u v prohibited therein, and r gulating the u e for which aid zone or li trict may be et apart, and reo'ulating the plan. for development and improvement. on real estate therein.
Section VIII. Officers of the General Assembly.
Paragraph I. Secretary of Senate and Clerk of House
16

of Representatives. The officers of the two hon es, other than the President and peakeI', shall be a Secretary of the Senate and lerk of the Hou e of Repres ntative , and ucll as istant a they rna appoint.
Section IX. Pay of Members.
Paragraph I. Compensation and Mileage. The members of the General A sembly 'hall l' ceive an annual 'alary, as may be pre cribed by law, but the amount thereof hall neither be increased nor dimini hed during the term for whi h they are elected. They shall each receive mileage not to exceed ten cent for each mile traveled, by the nearet practi able route, in going to and returning from the Capital, to be paid once for each regular or extraordinary es ion. The members ervino' thenr t term after the adoption of thi Con titution shall receive the compen ation and mileage provided in Paragraph 1, S ction 8 of \.rticle 3 of the on titution in force immediately before tlle adoption of this on. titlltion.
Section X. Elections by General Assembly.
Paragraph I. Viva voce vote; place of meeting. All elections b the General \.ssembly shall be viva voce, and the vote hall appear on the Journal of the House of Hepre entative.. When the Senate and Hou. e of Representative unit for tll purpose of ele tions, tlley shn11 meet in the R pre ntative Hall, and the President of the
enate hall, in uch ca e ,pre 'ide and declar the result.
17

Atlanta, Ga. pril 4 19!
Ron. Elli rnall, Chairman, (;on titution Commi ,ion 'tate apitoL Atlanta, Ga. D ar Governor:
Your committ numb I' six havino' had und I' on'ic1eration the matter of re-draftin o' Article Eight of the ontituti n beg 1 av to, ubmit to you the in 10 elI' Iort.
Some of the member of our committ e weI' not able to attend om me tin 0', an 1 are not in fu 11 a cord with the re ommendation contain d in thi' I' -draft.
For thi rea on it i, probable that I will a 'k that thi article be recommitted to our ommitte for further, tu ly. If thi is done I will a k th ommitt e to In t after udjournm nt of the full commis, ion on tIl fir t day an 1 . ubmit the am nded reI ort before the commi, ion I' ache th article.
Yery truly your
FR Ie . GRO hairman, ommitt Kumb l' IX.
1

ARTICLE VIII.

Section I.
The provision of an adequate education for th citizens hall be a primary obligation of the tat of Georo'ia, the expen e of whi h shall be provided for 1y taxation. eparate chool shall be 1 rovided for th white and color d ra e .

Section II.
Th re ' halll e a tate School UI erinten lent Ie tedl)y the p opl at the 'ame tim, for the arne term and in th arne manner a the Governor i 1 ct el, who hall al 0 be executi, e officer and seer tary of the Board of Education. H hall hold hi ofnc until hi su or i 1 et d and qualified. Hi offic hall b at th at of Government, and he hall be pai 1 a alary not to x ee 1 $6,000.00 I er annum.

Section III.

~uthority i grant d to ounti to e tabli h and main-

tain publi school within their limit by local taxation.

The proper county authoritie "hose duty it i to levy

taxe for county purpo e in thi tat shall, on the recom-

m ndation of tb Count,' Board of Education. a

and

coil ct taxe for th upport of publi cbools und l' it

ontrol, within 'uch limit a may be provided by the

General A embly. Said taxes ball be a se ed ao'ain t

all of he taxabl Irop rty of th county ubject to ucb

la", a the General As emIly may enact from time to

time.

2

Section IV.
\.uthority i herebr O'ranted to mUlli ipal c 1']) ration, upon l' comm nelation of th eorporat authority. to tabli, h and maintain ])ubli Cll 1. within their limit. . Th tax I vi cl for u 11 ])urpo ..; to he in ad lition to all~- taxe levi d by ount authoriti for th UI port of I ullie hoo1. und r th control of the ount)' Board of Ed ueation.
Section V.
"\ h l' , prJor to thc adop ion of thi. on titution, a hond lind ht dn ha b n iuculT d hy a 1 cal .'ch 01 di tri t, local taxation for tb l' tircment of . u h bonds hall be continued until .'aid hond.; ar l' til' 1; hut the ount~' may lev)' tax . for the I mpo. of retirin o' u h b nded inclebtedn , provided the. ame . hall h uhm ittcd to an 1 appro" db)' th \ otero of the ount)' in the. mne mann l' a i. provi I cl for th i. uanc f 11 W h nel . An 1 tion for thi<> pmp 8 hall be held upon the l' C0111m ndation of thc 'ounty Bard of Education.
Section VI.
ount Board of Education and ind pend nt chool y t m. may ontract for th ducation tran. portation, and HI' of I Ul it .
Section VII.
Public.' 11001 .'tem. tahli hed prior to tll adoption of th on.'titution f] 77 hall not he affectecl hy tlLi
on titution.
Section VIII.
Th Reo'eut. of the Lui" r. ity ,'y. tem of G orO'ia may ac ept b Clue. L, donation and O'rant.' of Ian], 01' other
3

propert~, for the u of aid niver ity. In addition t the payment of th annual intere t on the debt due by th Stat to th lJniv rsity, the G neral A . mbl: hall from tim to tim make such approl riations to the Univ l' ity 'y. tem of Georo'ia as the condition of the tr asm: authoriz ..
Section IX. Th on titutional Board of R gent a set out in the' A t. of 1943.
Section X. Til on titutional 'tate Board of Edu ation a et out in the At, of 1943.
FRANK C. GHO ; hairman WILL R. "~IITH
HAHLE L. GO\\'E D '\ ID J. R OLD HlJGH ~I INTYRE ADIE K. I DEN
4

REPORT and RECOMMENDATIONS
OF
SUB-COMMITTEE No. 7
TO
STATE COMMISSION
TO .
REVISE THE CONSTITUTION
1944

Marietta, Ga. March 25, 1944.
Governor Ellis Arnall, State Capitol, Atlanta, Georgia. Attention: Mr. P. T. Ic utchen, Jr.
ecretary, Con titution Commi sion
Dear Governor Arnall:
I am enclo ing herewith report of Sub-committee umber even. The report contains the prevent provi ions of Article XI of the Con titution and the ommittee's proposal for a new Article XI.
The Committee i in omplete agreement a to the provision of the propo ed Article, with one exception; that i , with reference to the approval of local laws. A portion of the Committee favors approval of local law by a vote of the people in the County or Municipality affected. Others of the ommittee wi h to provide a pecial approval by permitting approval by the governinO' authority of the County or Municipality affected. For thi rea on the report i EO drawn as to place the decision a to the method of approval in the hand of the entire Commi ion.
We believe the provi ion recommended by thi ubcommittee will do much to implify 10 al government and will be mo it beneficial in modernizing our pre 'ent y tern of local O'overnment.
With every good wish and highe t per onal r O'ard I am
incerely yours,
J MES Y. CARMI HAEL, Chairman, Committee o. 7.
1

J: U lBER I
PROVISIONS OF ARTICLE XI
OF THE PRESE rr CO STIT TIO
ARTICLE XI.
Counties and County Officers.
Section I.
Paragraph I. Each county shall be a body corporate with such power and limitation a may be pre cribed by law. All uit by or again t a county hall be in the name thereof; and the mete and bound of the everal countie hall remain a now prescribed by law, unle changed a hereinafter provided.
(Three amendments of local interest only, omitted here.)
Paragraph II. There shall not be more than one hundr d and forty-five ountie in thi tate.
(Text of amendments creating sixteen new counties omitted. Number of counties, now 159, by consolidation of Fulton, Milton and Campbell counties.)
Parao-raph II- . The G n ral A sembly shall have the pow l' to con olidat and combin all o-ov rnmental function and power now ve ted in and ex rci ed by citie and mum ipalitie having a population of mol' than 52,900 according to the Federal censu of 1920 with the gOY rnmental function and power now ve -ted in and ex rci ed by the authoriti of the count~ in which uch citie or mum ipalitie are situated; to create; le.jgnate, and Q'ive a name to political ub-divi ion compo ed of the entire area of such countie ; to ve t in and conf l' upon
2

such sub-divisions such authority and power as may be conferred upon municipalitie or countie or both, under existing law ; to abolish any and all office now exi ting under the charter of any uch municipalitie , and al 0 to aboli h the offices of tax collectors and tax receivers in any such counties; to create new offices for purpose of exerci ing and carrying out the power to be ve ted in uch political ub-division, and power and dutie formerly appertaining to uch office 0 abolished add the powers and duties formerly exerci ed by such counties and uch municipalitie , all without regard to the uniformity of the powers, dutie , and compen ation appertainino- to the office 0 created in other municipalities, other counties, or other political ub-divi ions, hereby authorizecl; to divicle uch political ub-clivi ion into district ; to fix a maximum rate of ad valorem taxation to be levied by authority of uch political sub-divi ion within the various cli trict , without l' gard to the uniformity of the rate; al 0 to con oliclate and combin any ancl all chool sy tern and chool di tri ts now exi ting in any uch citie or municil alitie and countie into one ystem covering the entire area of the counties to be governed ancl controlled under the provi ions of the Act creating the political ub-clivi ion", hereby allthorized, regardIe of the method of control of chool or chool y tern in other counties or municipalities.
The powers herein o-rantecl shall not be extended to cities, municipalities, or town and citie , and town and muni ipalities, the corporate limit of which are incluclecl within more than one county nor hall aid powers h rein granted be extended to the counties in which aid citie or town or municipalitie ancl citie and town ancl municipalitie are locatecl.
3

The General A embly, in exercising the powers herein conferred, may include in the Act or law anyone or more of the powers or provisions herein enumerated, and may exclude therefrom anyone or more of the powers or provisions herein enumerated.
Thi provision of the Con titution shall not be construed to empower the General As embly to create new countie , nor to affect or change the repre entative of any county in the General Assembly. Nor shall it be construed to authorize the General A sembly to abolisb the office of clerk of the uperior Court, Ordinary, Sheriff, or Coroner in any of tbe counties affected by thi Act, said office beinO' expre sly hereby pre erved.
Tbe General A sembly sball not change or aboli h any county nor the name thereof which may be affected hereby; and in naming the con olidated 'ub-divi ions in each ca e, the names of the municipality or municipalities and of the county ball be combined 0 a to pre~erve them.
Tbe General As embly shall create uch political subdivi ions by special act or law relating to a particular ub-livi ion, but no uch act or laW" hall have any force or effect until the same shall have been ratified by a vote of a majority of the qualified voters, voting at a sp cial election in such county, to be held not earlier than sixty day after the final pas aO'e and approval by the Governor of any uch act; provided, however, that the people within tbe corporate limit of municipalitie affected and tbe people of tbe county affected out ide of the corporate limits shall vote eparatel ; and before the Act shall go in effect a majority of tho e votinO' in the municipaliti separatel, if more than one municipality is affected, and a majority of those voting out id of aid
4

municipality or municipalities shall vote in favor of said ct.
Paragraph III. ounty lines hall not be hanged, unles under the operation of a general law for that purpose.
Paragraph 1\. No county site hall be changed or removed, except by a two-thirds vote of the qualified voter of the count ,voting at an election h ld for that purpo e, and a two-third vote of the Gen ral Assembly.
Paragraph Y. Any count may be di olved and merged with contiguou countie, by a two-thirds vote of the qualified elector" of uch county, votino' at an election held for that purpo e.
Paragraphs VI - VII.
(These paragraphs cover three local provisions and are omitted here.)
Section II.
Paragraph 1. Th county" officer hall be elected by the qualified vot l' of their re p ctive ountie or districts, and hall hold their office for four years. They hall be removed on conviction for malpractice in office; and no p l' on hall be eligible to any of the office referred to in this paragraph unless he shall have been a reuident of the county for two year and is a qualified vot r. Provided, that the provi ion of this propo ed am ndment shall not become effective until January 1st. 1917.
Section III.
Paragraph T. Wl,atever tribunal or offic l' may hereafter be created by the General embly for the transaction of county matt l' , shall be uniform throuo'hout the
tat , and of the arne name, juri diction, and l' me lies,
5

except that the General A sembly may provide for the appointment of commi sioners of Road and Revenues in any county, and may aboli h the office of County Trea urer in any county, or fix the compen ation of County Treasurer and such compensation may be fixed without regard to uniformity of uch compen ation in the variou counties. And the General A<:,sembly shall al 0 have authority to con olidate the office and dutie of Tax Receiv l' and Tax Collector in any or all of the countie of the State, the official performing the duties of aid two office when 0 consolidated, to be known as County Tax Commi sioner, and the General As embly may prescribe the compensation of such County Tax Commi ioner or authorize county authorities to fix the arne, which compen ation may be on the basi of fee or alary, and may be fixed without regard to uniformity in the various countie , and when uch compen ation i fixed on a salary basis, the authority fixing the same hall determine what eli position shall be made of the fees and commi sion accruing to each of aid offices so con olidated and to provide for the levy and collection of a tax sufficient to pay the salary so fixed.
Paragraph II.
(An amendment of local interest only, omitted here.)
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N MBER II PROVISIO S OF ARTICLE XI
AS PROPOSED BY SUB-COMMITTEE 0.7

ARTICLE XI. Counties and Municipal Corp~rations.

Section I.

Paragraph 1. Each county shall be a body corporate

with such powers and limitation as may be prescribed

by law. All suit by or again t a county shall be in the

name thereof; and the mete and bounds of the several

counties shall remain a now prescribed by law, unle s

changed a hereinafter provided.

.

Paragraph II. There shall not be more than one hundred and fifty-nine counties in this State.

Paragraph III. No new county shall be created except by the consolidation or merger of existing counties.

Paragraph IV. The General A embly shall have power, with the concurrence of a majority of the qualified voters of each of the counties to be affect d who participate in elections held for that purpo e, to provide for the con olidation of two or more countie into one, or the merger of one or more countie into another, or the division of a county and the m rger of portions thereof into other counties.
Paragraph . Any county may be dissolved and merged with a contiguous county or counties by a ma-

7

jority of the qualified voter of each of the counties affected who participate in elections held for that purpose. On tbe petition of one-fifth of the registered voter of anyone of the countie to be affected, the proper authorities of an of the countie cone rned ball call an election for the purpose of deciding the que tion of consolidation or merger.

Paragral h \71. The organization, power, and duties of county government hall be defined by general law. Optional plans of county government may be provided to be effective in any count when submitted to the qualified voters thereof, and approved by a majority of those voting. Jo special or local law affecting county government hall be enacted in any case for which provision ha been made by exi ting general law. No special law affecting county government hall become effective unle s submitted to the qualified voter of the county and approved by a majorit of those voting. The result of the election, upon ratification by the voters a herein prescribed, shall be certified to the Secretary of tate by the governing authority of the county affected and shall be publi he I in the next volume of Georgia law to be i ued
ub equent to uch election.

(Some members of the Committee desire to provide that ratification

may be by a majority of the governing authority of the county af-

fected or by a majority vote of the people. The Committee is split

with reference to this proposal since part of the Committee desires

ratification only by a vote of the people, whereas some desire to in-

clude a special plan of ratification by the governing authority. For

this reason the Committee is submitting both propositions to the

Commission for determination).

.

Paragraph VII. The General A sembly han provide by g .neral law optional y terns of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional s terns shall become effective when ubmitted

to the qualified voters of uch county and approved by a majority of those voting.
Paragraph "\ III. When a county adopts one of the alternative plan of government provided by the General As embly, or when a county and municipal government adopt one of the optional ystem of consolidating county and municipal government provided by the General sembly, uch county hall certify the plan chosen to the Secretary of tate for publication in the volumes of GeorO'ia laws.
Paragraph IX. County lines shall not be changed, unless under the operation of a general law for that pUTpose.
Paragraph X. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose, and by a two-thirds vote of the General A embly.
Section II.
ParaO'raph T. The county officers shall be elected by the qualified voter of their re pective counties or di tricts, and hall hold their office for four year. They hall be removed upon conviction for malpractice in office; and no per on shall be eliO'ible for any of the offices referred to in this paragraph unless he hall have been a resident of the county for two years and is a qualified voter.
Section III.
Paragraph 1. Provision shall be made by O'eneral law for the incorporation of cities, towns, and villaO'e , and for their organization and government. Optional plans of municipal government may be provided by general
9

law, to be effective in any city, town, or village when submitted to the qualified voter thereof, and approved by a majority of tho e voting.
Paragraph ll. The General A sembly hall have the power to frame, adopt and amend any charter for municipal government and to amend any existing law relating to it organization, not incon i tent with the o-eneral law or with thi Con titution. Such charters and amendments hall take effect only when submitted to the qualified voter of the municipality, and apI roved by a majority of tho e voting.
(The Committee is split on this provision, as some members of the Committee desire to offer a special plan by permitting approval by a majority vote of the governing authority of the municipality affected. For this reason the matter ~s submitted for determination and choice by the Commission.)
Paragraph III. When a municipality adopts one of the optional plans of municipal government which may be provided by the General A sembly, or adopts or reject a charter, amendment or change, the gov riling authority of such municipality hall certify that plan, charter or amendment cho en or adopted to the Secretary of State for publication in the next volume of Georgia laws i sued ubsequent to uch approval.
Section IV.
Paragraph I. All local laws or con titutional amendment affecting the form of county or municipal government which are in force and effect on the effective date of thi Constitution shall remain in full force and effect until and unle uch law or onstitutional amendment be repealed, amended or super eded by Act of the Gen-
10

eral Assembly, adopted in accordance with the provisions of this Article of the Constitution and laws pas ed pursuant thereto.
JAMES V. CARMICHAEL, Chairman DAVID S. ATKI SON FRED H.A}..T]) J. ROY McCRACKE.r THOMAS S. CANDLER HAMILTON HOLT FR JK FOLEY
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