Manual of the General Assembly, 1890

THE LIBRARY OF THE UNIVERSITY OF GEORGIA
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MANUAL
OF THE
General Assembly
1890
Q CsngyO i SS r7b UJ
PREPARED UNDER JOINT RESOLUTION OF THE SENATE AND HOUSE OF REPRESENTATIVES
ATLANTA GEORGIA
GEO W HARRISON STATE PRINTER
Franklin Publishing House
GENERAL LIBRARY
University of Georgia
ATM8MI GeRIA
ATLANTA GEORGIA
GEO W HARRISON State Printer
Franklin Publishing House
1890
EXECUTIVE DEPARTMENT STATE OF GEORGIA
W J NORTHEN Governor
JAMES W WARREN I Secretaries
W H HARRISON f
STANHOPE SAMSClerk Executive Department
j yp KELLAdjutant Genl and K P B and G
PHIL COOKSecretary of State
WM A WRIGHTComptrollerGeneral
ROBERT U HARDEMAN Treasurer
GEO N LESTERAttorneyGeneral
State School Commissioner
r t NESBITTCommissioner of Agriculture
Principal Keeper of Penitentiary
DR W ODANIEL Prinl Physician Penitentiary
GENERAL LIBRARY
University of Georgia
GEORGIA
SO
MEMBERS AND OFFICERS OF
THE SENATE OF GEORGIA
189091
President
ROBT G MITCHELL 7th District Thomasville President Pro Tempore
GEO W WARREN 18th District Louisville Secretary
WM AUGUSTUS HARRIS Isabella Assistant Secretary
HENRY H CABANISS Atlanta Enrolling Clerk
j E STROTHER Clay Hill
Journal Clerk
J TROUP TAYLOR Atlanta
Engrossing Clerk
J L HARPER Elberton
Calendar Clerk
J COOPER NESBIT Cloverdale
Message Clerk
IRA C VanDUZER Hartwell
Engrossing Clerk
S B CORN Visage
47736
6
First DistrictChatham Bryan and Effingham
P W WILLIAMSEllabell
Second DistrictLiberty Tattnall and McIntosh
M T EASONjReidsville
Third DistrictWayne Pierce and Appling
HENRY A BENNETTSurrency
Fourth DistrictGlynn Camden and Charlton
T W LAMBBrunswick
Fifth DistrictCoffee Ware and Clinch
J W BOYDFeronia
Sixth DistrictEchols Lowndes and Berrien
J D SMITHAyoca Fla
Seventh DistrictBrooks Thomas and Colquitt
ROBT G MITCHELL Thomasville
Eighth DistrictDecatur Mitchell and Miller
MASTON ONEAL Bainbridge
Ninth DistrictEarly Calhoun and Baker
R H LANIER Damascus
Tenth DistrictDougherty Lee and Worth
W C GILL Leesburg
Eleventh DistrictClay Randolph and Terrell
A C HILLBronwood
Twelfth DistrictStewart Webster and Quitman
J P WALKERWeston
Thirteenth DistrictSumter Schley and Macon
ROBERT PATTON Ellaville
Fourteenth DistrictDooly Wilcox Pulaski and Dodge
W T MULLIS Cochran
Fifteenth DistrictMontgomery Telfair and Irwin
JOHN McREAwi McRea
Sixteenth DistrictLaurens Emanuel and Johnson
E W LANEEndicott
Seventeenth DistrictScreven Bulloch and Burke
E H CALLAWAYWaynesboro
Eighteenth DistrictRichmond Glascock and Jefferson
G W WARRENLouisville
Nineteenth DistrictTaliaferro Green and Warren
W T FLINT Sharon
7
Twentieth DistrictBaldwin Hancock and Washington
JOHN L CULVER Culverton
Twentyfirst DistrictTwiggs Wilkinson and Jones RICHARD JOHNSONClinton
Twentysecond DistrictBibb Monroe and Pike
T B CABANIS8VForsyth
Twentythird DistrictHouston Crawford and Taylor
J M CULPEPPERFort Valley
Twentyfourth DistrictMuscogee Marion and Chattahoochee
Lafayette harp11Cusseta
Twentyfifth DistrictHarris Upson and Talbot
J W BROWN Waymansville
Twentysixth DistrictSpalding Butts and Fayette
M W BECK Jackson
Twentyseventh DistrictNewton Walton Clarke Oconee and Rockdale
J E NUNNALLY Monroe
Twentyeighth DistrictJasper Putnam and Morgan
E B SMITH Smithsboro
Twentyninth DistrictWilkes Columbia McDuffie and Lincoln
C H ELLINGTON Thomson
Thirtieth DistrictOglethorpe Madison and Elbert
C M WITCHERPoint Peter
Thirtyfirst DistrictHart Habersham and Franklin
F B HODGES Hartwell
Thirtysecond DistrictWhite Dawson and Lumpkin POMPEY STRICKLANDBarrettsville
Thirtythird DistrictHall Banks and Jackson
HENRY H BEARDBuford
Thirtyfourth DistrictGwinnett Dekalb and Henry
C T ZACKARY McDonough
Thirtyfifth DistrictClayton Cobb and Fulton
ROBERT TODD Lovejoy
Thirtysixth DistrictCampbell Coweta Meriwether and Douglas J M TERRELL Greenville
Thirtyseventh DistrictCarroll Heard and Troup
SETH TATUM LaGrange
Thirtyeighth DistrictHaralson Polk and Paulding
W F GOLDEN Buchanan
8
Thirtyninth DistrictMilton Cherokee and Forsyth
J H JOHNSTONAlpharetta
Fortieth DistrictUnion Towns and Rabun
W E CANDLER Blairsville
Fortyfirst District Pickens Fannin and Gilmer
C B VINCENT Talking Rock
Fortysecond DistrictBartow Floyd and Chattooga
W T IRVINE Dirt Town
Fortythird DistrictMurray Gordon and Whitfield JAMES M HARLAN ICalhoun
Fortyfourth DistrictWalker Dade and Catoosa
R M W GLENNLaFayette

Standing Committees
OF THE SENATE
ON EDUCATION
Vincent Chairman
Messrs Glenn Messrs Lanier
Beck Callaway
Culpepper Lamb
Todd
ON FINANCE Terrell Chairman
Messrs ONeal Candler Williams Ellington Nunnally Vincent Hill
Messrs Warren Lamb McRae Culver Cabaniss Culpepper
ON RULES
President ex officio Chairman
Messrs Cabaniss Messrs Johnson of the
Terrell 21st district
ONeal
10
ON STATE LIBRARY
Todd Chairman
Messrs Nunnally Messrs Johnston of the
Warren1 39th district
Williams
ON STATE OF THE REPUBLIC Hodges Chairman
Messrs Shiith of the 6th Messrs Gill
district Strickland
Mullis Williams
Brown
ON PUBLIC PROPERTY
Beck Chairman
Messrs Hill Messrs Culpepper
Todd Strickland
Lanier Witcher
SPECIAL JUDICIARY Callaway Chairman
Messrs Glenn Messrs Irvine
Candler Lanier
Culver
ON GENERAL JUDICIARY
Cabaniss Chairman
Messrs Johnson of the 21st district Terrell
ONeal
Warren
Beck
Messrs Glenn McRae Williams Callaway Candler Irvine
11
ON SPECIAL AGRICULTURE
Ellington Chairman
Messrs Nunn ally Lanier Lamb Hodges Flint
Messrs Irvine
Warren Johnston of the 39th district Williams
ON ACADEMY DEAF AND DUMB
Messrs Boyd Tatum Hill Harlan
Lane Chairman
Messrs Patton
Smith of the 6th District
Vincent
ON ACADEMY OF THE BLIND
Golden Chairman
Messrs Patton Todd Beard Hodges
Messrs Harlan
Gill
Smith of the
28th District
ON PENITENTIARY
Warren Chairman
Messrs Johnson of the 21st district Cabaniss Mullis
Harp
Candler
Nunnally
Lane
Messrs Gill
Hodges
Williams
Beck
Witcher
Callaway
Golden
Glenn
12
OK IMMIGRATION AND LABOR Hill Chairman
Messrs Beard Messrs Patton
Tatum Ellington
McRae
ON PETITIONS
McRae Chairman
Messrs Bennett Messrs Hill
Todd Culpepper
ON JOURNALS
Lamb Chairman
Messrs Candler Messrs Glenn
Eason Strickland
ON BANKS
ONeal Chairman
Messrs Callaway Messrs Zachry
Beck Yincent
Culpepper Hodges
Culver
ON AUDITING Walker Chairman
Messrs Lanier Vincent
Messrs Brown Hodges
IB
ON LUNATIC ASYLUM
Nunnally Chairman Messrs Eason Messrs Culver
Golden Flint
Lane Tatum
Witcher Bennett
Callaway Beard
Culpepper Walker
Lamb Boyd
Smith of the 6th district
ON MILITARY AFFAIRS
Williams Chairman
Messrs Candler Messrs Lamb
Ellington Zachry
Cabaniss
ON MINES AND MINING
Strickland Chairman
Messrs Beard Messrs Golden
Harlan Vincent
ON PRIVILEGES AND ELECTIONS
Johnston of the 39th district Chairman
Messrs Harp Messrs Bennett
Patton Lanier
Flint Eason
Brown
14
ON HALLS AND ROOMS
Witcher Chairman
Messrs Beard Smith of the
Bennett 28th district
Hodges
ON GENERAL AGRICULTURE
Zachry Chairman
Messrs Culver
Walker
Patton
Culpepper
Hodges
Bennett
Tatum
Messrs Witcher
Gill
Mullis
McRae
Smith of the 6th district Ellington
ON CORPORATIONS Candler Chairman
Messrs Lamb Messrs Williams
Cabaniss Nunnally
Johnson of the Golden
21st district Ellington
Vincent
ON ENROLLMENT
Glenn Chairman
Messrs Irvine MessrsEllington
Vincent Smith of the
Nunnally 28th district
Lamb

ON PRINTING
Walker Chairman
Messrs Brown Messrs Todd
Golden Candler
ON PRIVILEGES OF THE FLOOR Harp Chairman
Messrs Bennett Messrs Strickland
Patton Golden
ON INTERNAL IMPROVEMENTS
Smith of the 28th district Chairman
Messrs Lamb Johnson of the 89th
Flint district
Brown
ON TEMPERANCE
Lanier Chairman
Messrs Nunnally Messrs Eason
Todd Smith of the
Vincent 28th district
Walker
ON RAILROADS
Johnson of the 21st district Chairman
Messrs Irvine
Nunnally
Warren
Ellington
Culpepper
Messrs Williams Terrell ONeal Callaway Zachry
16
ON PUBLIC SCHOOLS Irvine Chairman
Messrs Beck Messrs Walker
Johnston of the Tatum
39th district Flint
Warren Terrell
ON CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT
1st Congressional DistrictLamb Chairman
2d Congressional DistrictONeal
3d Congressional DistrictMcRae
4th Congressional DistrictTerrell
5th Congressional DistrictNunnally
6th Congressional DistrictCabaniss
7th Congressional DistrictHarlan
8th Congressional DistrictWitcher
9th Congressional DistrictVincent
10th Congressional DistrictFlynt
RULES OF THE SENATE
THE PRESIDENT
Rule 1 The President shall in his discretion suspend irrelevant Discretion
debate and command silence whenever he may deem it needful dent
Rule 2 In all cases of election by the Senate the President shallm
when
vote In other cases he shall not vote unless the Senate shall he President equally divided or unless his vote if given to the minority willsha11 vote make the division equal and in case of such equal division the question shall be lost But in all cases where a fixed constitutional vote is required to pass the bill or measure under consideration and said bill or measure shall lack only one vote to pass the same the President may vote
Rule 3 When two or more Senators shall rise at the same time Dight of
Senator to
the President shall name the Senator entitled to proceed the floor to
Rul 4 All committees shall be appointed by the President unless the ded otherwise ordered by the Senate president
Rule 5 The method of stating a question or any motion by theto appoint President shall be as follows All in favor of the motion will Method1 sav Ave Those opposed will say No And when a decision stating a
J J J question by
may seem doubtful to the President or a division of the Senate is President
called for by any one member of the Senate the President shall call upon the Senators in favor of the motion to rise and after a count is hadby the Secretary he shall call upon the Senators to reverse their positions and the President shall announce the result
Rule 6 The President may during a days sitting name any Sen President ator to perform the duties of the Chair during any part of that sit snatorto ting but no longer preside
Rule 7 Whenever from any cause the President shall be absent Duty of the President pro tempore shall preside and if both shall be absent whenSi
the Secretary of the Senate shall call the Senate to order and shall dnt is
ini i absent
preside until a President pro tempore shall be elected which said
election shall be the first business of the Senate The President pro
tempore thus elected shall preside until the return of one of the first
named officers when his functions shall cease
Rule 8 On all appeals on questions of order of a personal charac When no
debate on
ter there shall be no debate appeals
Rule 9 All appeals from the decision of the Chair shall be made APPeals to f11 j ini i j be made at
immediately and no appeal shall be in order after other business once
has intervened from the time of the alleged error of the Chair and
before said appeal is sought to be made Power of
Rule 10 The President shall have power to suspend the Messenger tosend
and Doorkeepers for misconduct or neglect of duty and when such subordL
nate officers
20
suspension has been made he shall report the same to the Senate within twentyfour hours thereafter for such action as the Senate may see fit to take in the premises
When Rule 11 The President shall have power to cause the galleries and
mayorder lobbies of the Senate cleared by the Messenger and Doorkeepers andTobbies n case disturbance or disorderly conduct therein and to cause cleared any person or persons so offending to be arrested and brought before the bar of the Senate to he dealt with for eomtempt of the Senate
No quorum Rule 12 When less than a quorum vote on any subject under tyoffresU consideration by the Seriate the President may order the bar of the ident Senate to he closed and the roll of Senators called by the Secretary and if it is ascertained that a quorum is present either by answering to their names or by their presence in the Senate and if any Senator present then refuses to vote unless excused such refusal shall he deemed a contempt of the Senate
President Rule 13 The President may at any time order the roll called on any
may order question and take the vote by yeas and nays where a division of the
by yeas and Senate discloses the fact that a quorum of the Senate has not voted
Decfsion on Rule 14 All questions as to the priority of business to be acted
questions on shall be decided by the President without debate
Of priority
ON DECORUM AND DEBATE
Conduct of Rule 15 When any Senator is about to speak in debate or deliver Senators any matter to the Senate he shall rise from his seat and respectfully m e a e himself to Mr President He shall be confined to matter
in debate shall not speak more than twice on any subject nor more than once until every member choosing to speak shall have spoken If any Senator in speaking or otherwise transgress the rules of the Senate the President shall call him to order in which case the Senator so called to order shall immediately sit down unless pereais mitted to explain The Senate shall if appealed to decide and if PPeaS the decision of the Senate be not submitted to the delinquent for the first offense shall be reproved for the second fined in a sum not exceeding ten dollars and continuing refractory may be expelled SeeRufeWTfrom the Senate by a twothirds vote of the Senators which said vote shall be taken by ayes and nays
Rule 16 If any Senator be called to order for words spoken the towodn words excepted to shall be taken down in writing by the Secretary spoken readj then admitted denied or explained by the Senator who
spoke and thereupon the question of order shall be decided and such other proceedings had as the Senate may deem proper in regard thereto But no Senator shall be held to answer or be subject to the censure of the Senate for words spoken in debate if any other Sen
21
ator has spoken or other business has intervened after the words were spoken and before the exception to them was taken
Rule 17 The members of the Senate shall forbear from private Silence conversation and preserve silence until a speaking Senator shall have taken his seat
Rule 18 The Senators shall avoid naming each other when they Mode of des may have occasion to take notice of their observations but may des batons ignate them by the district they represent
Rule 19 No Senator shall vote upon any question in the result of Shall not which he is personally interested and in every case where the seat of a Senator is being contested the sitting Senator and the con n result testant shall both retire from the Senate before th vote is taken
Rule 20 Any Senator may enter a protst in writing against the Protests action of the Senate said protest shall clearly and succinctly set forth the grounds of such protest and shall not be argumentative nor arraign nor impugn the motive of the Senate nor any member thereof
Rule 21 No Senator shall pass between the Chair and a Senator wtailei while he is speaking nor shall any Senator at the time of adjournspeaking ment leave his seat until the President retires foummeat
Rule 22 No Senator shall in debate refer to any private conver janpiringsation had with another Senator or to any matters which have mmittes
and private
transpired in any committee or in the Senate converstn
not to be
Rule 23v Applause or hisses in the Senate chamber or in the gal Applause10
leries or lobby during any speech or legislative proceedings shall be and hisses forbidden
promptly suppressed
Rule 24 During the calling or reading of yeas and nays on any No debate question no debate shall be had yeas and
Rule 25 No Senator can make more than one motion at a timeIiays and while the motion is being put to the Senate he must resume his motiorican seat and he is not further entitled to the door unless again recog at
nized by the President
Rule 26 No Senator having asked and obtained leave of the Senate to explain his vote on any question before the Senate shall be al Plana lowed more than ten minutes for such explanation unless said time is extended by a vote of the Senate
Rule 27 When the reading of any paper is called for and the same Read is objected to by any Senator it shall be determined by a vote of papers the Senate and this motion shall be decided without debate
Rule 28 A motion to excuse a Senator from voting must be made Motion to before the Senate divides or before the call of the yeas and nays is excuse commenced and it shall be decided without debate except that the made Senator making the motion may briefly state the reason why in his iggjSSH opinion it ought to prevail ing
Call for a division
Division how made
Bills and resolutions called in order
Question on first reading
Effect of favorable report of committee
Adverse report of com mittee
Bills when withdrawn
Transmission to House by majority vote
Bills when printed
Bills and resolutions to be in writing How indorsed
Reports of committees order of action
DIVISION OF A QUESTION
Rule 29 Any one Senator may call for a division of the question on a subject in which the sense thereof will admit of it
Rule 30 The Senator calling for a division must state into how many and definitely what parts he would have the question divided Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself and be consistent and entire
BILLS AND RESOLUTIONS
Rule 31 All bills and resolutions shall be called in the order in which they stand on the calendar and before reading any bill or resolution the second or third time the Secretary shall distinctly state its number and the name of the Senator by whom introduced
Rule 32 No debate shall be admitted upon any bill at the first reading and the question shall be Shall this bill be committed or engrossed In case of engrossment the entry thereof shall be made by the Secretary and the bill shall not be amendable thereafter unless subsequently committed In cases where the report of a committee is favorable to the passage of the bill the same shall be read a second time and passed to a third reading without question Where the report of a committee is adverse to the passage of a bill on the second reading thereof the question shall be on agreeing to the report of the committee If the report of the committee is agreed to the bill shall be lost If the report of the committee is disagreed to the bill shall be passed to a third reading unless recommitted Any bill may be withdrawn at any stage thereof by consent of the Senate
Rule 33 No bill or resolution shall be transmitted to the House on the day of the passage thereof unless a majority of the Senators present shall so order
Rule 34 No bill shall be printed until after the same has been reported to the Senate by the committee to which it has been referred or by request of said committee and the order of the Senate agreeing thereto
Rule 35 All bills and resolutions shall be written or printed and shall have the name of the Senator introducing the same as well as the district he represents indorsed on the back of the same and in the case of bills the caption of the bill shall also be indorsed on the same
Rule 36 Where a bill or a resolution has been referred and reported by more than one committee or has been reported on and recommitted to the same committee the last committee report shall be acted on by the Senate
23
PRECEDENCE OF MOTIONS
fRule 37 When any subject is before the Senate for consideration Order of or under debate no motion shall be received except the following Precedenoe towit
1st A motion to adjourn
2d A motion to lay on table
3d A motion for the previous question
4th A motion to postpone indefinitely
5th A motion to postpone to a day certain
6th A motion to commit
7th A motion to amend
Which said several motions shall have precedence in the order named
MOTION TO ADJOURN
Rule 38 A motion to adjourn is in no instance debatable nor Not debat shall said motion be made a second time until further progress hasayber been made in the business before the Senate newed
Rule 39 A motion to adjourn to a particular day or for a particular When de batable
time is debatable
Rule 40 The motion to adjourn can be made at anytime when the WheiT Senator moving it can legitimately obtain the floor
Rule 41 A motion to adjourn may be made after the motion for When not the previous question has been sustained but when the Senate has or er voted that the main question shall be now put no motion to adjourn is in order nor shall any motion to adjourn be in order after the Secretary has called the first name of the yeas and nays and a vote of oneSenator has been given or after a division of the Senate has been had on a vote and the vote is in process of being counted and announced
Rule 42 W hen a motion to adjourn in its simple form prevails it Effect of ad
i journment
adjourns the Senate to the next sitting day or time m course
Rule 43 Whenever the hour of adjournment as fixed by a prior Hour of ad resolution shall arrive while the vote of the Senate is being taken TtTusV
by the yeas and nays the session shall continue until the final vote is ness posttaken and announced and if said fixed hour of adjournment shall ar pon s rive while the Senate is acting on the main question after a motion for the previous question has been sustained and before the vote on the main question is being taken either by a division or by the yeas and nays as aforesaid the Senate shall stand adjourned by virtue of said prior resolution
MOTIONS TO LAY ON THE TABLE WgF
substitute
Rule 44 No motion to lay an amendment or substitute on the cannot be laid oil ua
able shall be in order bie
24
tersmaybe Rule 45 A maiority of a quorum voting may take from the table tablT frm at an time wtien t4ie Senate is not engaged on any other measure any bill resolution or other paper which has been ordered to lie on the table
When re Rule 46 A motion to lay on the table or to take from the table can be renewed from time to time when new business has intervened between the votes
able or Rule 47 Neither the motion to lay on the table nor the motion to amentiable take from the table are debatable or amendable
betabiedn Eule 48 Nothing can be legitimately laid on the table excepting
what can be taken up again
order Rule 49 A motion to lay on the table may be made after the mo
tion for the previous question has been sustained but when the Senate has voted that the main question shall be now put no motion to lay on the table is in order
THE MOTION FOR THE PREVIOUS QUESTION
JSi Rule 50 The motion for the previous question shall be decided question without debate and shall take precedence of all other motions except motions to adjourn or to lay on the table and when it is moved the first question shall be shall the call for the previous question be sustained If this be decided by a majority vote in the affirmative the motion to adjourn or to lay on the table can still be made but they must be made before the next question towit Shall the main question be now put is decided in the affirmative and after said last question is affirmatively decided by a majority vote said motions will be out of order and the Senate cannot adjourn until the previous question is exhausted or the regular hour of adjournment arrives
mTnutes Rule 51 When the Previous question has been ordered the Senate debateal shall then proceed to act on the main question without debate except that before the main question is put twenty minutes shall be allowed to the committee whose report of the bill or other measure is under consideration to close the debate Where the report of the committee is adverse to the passage of the bill or other measure the introducer of the bill shall be allowed twenty minutes before the time allowed to the committee for closing the debate
The Chairman of the committee or the introducer of the bill or other measure may yield the floor to such Senators as he may indicate for the time or any part of it allowed under this rule
Tote how Rule 52 After the main question is ordered any Senator may call for a division of the Senate in taking the vote or may call for the yeas and nays
Effect of Rule 53 The effect of the order that the main question be now tionbemg PUV is to bring tbe Senate to a vote on pending questions in the ordered order in which they stood before it was moved
25
Rule 54 After the main question has been ordered no motion to Reoonsid i i i i eration
reconsider shall be in order until atter the vote on the main question when in
is taken and announced order
Rule 55 In all cases of contested election where there is a majority Coastedand a minority report from the committee on privileges and elections if the previous question is ordered there shall be twenty minutes allowed to the member of said committee whose name is first signed to said minority report or to such member or members as he may indicate for the time so allowed or any part of it before the twenty minutes allowed to the Chairman submitting the majority report
Rule 56 The previous question may be called and ordered upon r0alle3i a single motion or an amendment or it may be made to embrace all dered authorized motions or amendments and include the entire bill to its passage or rejection
Rule 57 A call of the Senate shall not be in order after the pre Call of the x Senate
vious question is ordered unless it shall appear upon an actual count when in
by the President that a quorum is not present order
Rule 58 All incidental questions of order arising after a motion is Questions A c of order
made for the previous question and pending such motion shall be
decided whether on appeal or otherwise without debate
MOTION TO INDEFINITELY POSTPONE
Rule 59 When a bill resolution or other measure is under con Effect sidration on the final reading thereof a motion to indefinitely post pone if decided in the affirmative by a majority of a quorum thereby disposes of said bill resolution or other measure for the session
Rule 60 The motion to indefinitely postpone lays open the whole Not amendquestion for debate but it cannot be amended
Rule 61 While the motion to indefinitely postpone takes prece When candence over a motion to postpone to a day certain or to commit or applied amend yet this motion cannot be applied to said motions nor can it be applied to incidental questions such as questions of order reading of papers withdrawal of a motion and suspension of a rule
Rule 62 No motion to indefinitely postpone shall be renewed onNotreany bill resolution or other measure after the same has once been voted down
MOTION TO POSTPONE TO A DAY CERTAIN
Rule 63 On a motion to postpone to a day certain it is not in Debate order to debate the merits of the question proposed to be postponed how alii ebate may be allowed but it shall be confined strictly to the propolowedsition to postpone and to show why one day is preferred to another
26
Motion to commit
Precedence of
When
debatable
How
amended
Motion to recommit
Amendments how made
Bill first perfected then the substitute
When too late to amend
Must be in writing
MOTIONS TO COMMIT
Rule 64 Motions to commit may be made to refer a bill resolution or other measure to a standing or special committee
Rule 65 A motion to commit to a standing committee takes precedence over a motion to commit to a special committee and shall be first voted on
Rule 66 On a motion simply to commit no debate shall be allowed but where instructions are added the merits of the question can be debated
Rule 67 A motion to commit may be amended by adding instructions or by substituting another committee for the one named by the Senator making the motion
Rule 68 Any proposition that has been referred to any committee either standing or special may on motion be recommitted to the same or any other committee by a majority of a quorum
MOTIONS TO AMEND
Rule 69 There are three ways in which a proposition may be amended towit
1st By inserting or adding words
2d By striking out words
3d By striking out and inserting words
An amendment is itself subject to be amended in all three of the ways above mentioned but it is not admissible to amend an amendment to an amendment
Rule 70 When a bill or resolution is before the Senate for consideration and amendments are pending thereto and a substitute shall be offered for said bill or resolution and an amendment shall be offered to said substitute it shall be in order for the Senate to first perfect the original bill or resolution and then perfect the substitute The question shall then be on agreeing to the substitute as amended if it be amended and if decided in the affirmative the question shall be Shall this bill pass or resolution be adopted as the case may be by substitute
Rule 71 An amendment cannot be offered after the report of the committee to whom was referred the bill or resolution under consideration has been agreed to by the Senate unless said action of the Senate in so agreeing to said report of said committee shall first be reconsidered
Rule 72 All motions to amend any matter before the Senate must be in writing and must plainly and distinctly set forth the amendment desired and the part of the bill or resolution where said amendment shall be inserted or added
Rule 73 On all questions whether in committee or in the Senate
Priority
27
the last amendment the most distant day and the largest sum shall be first put
Rule 74 Where blanks occur in any proposition they must be Blanks
filled first before any motion is made to amend
Rule 75 The caption or preamble of a bill or resolution shall not ption be considered or amended until the measure has been perfected amended
Rule 76 When a proposition consisting of several sections or res sections olutions is on a final reading and the Senate shall agree to a motion to consider the same by sections or paragraphs the Secretary in reading the same shall pause at the end of each section or resolution and the amendments thereto shall be offered as the several sections or resolutions are read but the amendments offered by the committee to whom said bill or resolution was referred shall be read by the Secretary without any motion being made in the Senate and when a section or resolution shall have been considered it is not in order to recur back and amend it
Rule 77 When a motion is made to amend by striking out and inserting the Secretary shall read the paragraph as it is then the words staking to be stricken out and finally the whole paragraph as it would be if serting amended
Rule 78 When a motion is made to amend by striking out a par
aaraph anv amendment offered to perfect the paragraph shall be put mentto r j perfect
first before the question is put for striking it out
Rule 79 When any bill or resolution which originated in thedms Senate has been amended in the House and is before the Senate for amendaction on the House amendment an amendment may be offered in the Senate to the House amendment but the Senate amendment to
the House amendment cannot be further amended it must be agreed to or voted down
Rule 80 A motion to amend an amendment made by the House Priority do a Senate bill or resolution takes precedence of a motion to agree or disagree to said amendment
Rule 81 The questions which arise before the Senate respecting priority Gf amendments by the House to a Senate bill or resolution are
1st A motion to agree to the House amendment
2d A motion to disagree to the House amendment
3d A motion to recede from its disagreement or amendment
4th A motion to insist on its disagreement or amendment
5th A motion to adhere to its disagreement or amendment
They take precedence in the above order
RECONSIDERATION
Rule 82 When the Journal of the preceding day shall be read it Motion to
shall bein the power of any Senator to move for a reconsideration reconsider
of any matter therein contained except such matter as has been pre
questions on House amend ments
28
viously reconsidered Provided such Senator shall notify the Senate of his intention to move such reconsideration at any time beforethe Journal is confirmed
sfyotbe Rule 83 The notice of a motion to reconsider shall not be withwithdrawn
when drawn after the time has elapsed within which it might originally have been made
When there Rule 84 No matter shall be reconsidered more than once may be one
reconsider Rule 85 Motions for reconsideration shall be in order immediately after the confirmation of the Journal on the day succeeding ter1 in the action sought to be reconsidered except that any matter which could not be reconsidered on the succeeding day shall be in order for reconsideration on the day of said action
Amend Rule 86 The action of the Senate upon an amendment may bewhen re reconsidered at any time before final action upon the section bill considered or resolution to which it relates
Place of Rule 87 All bills reconsidered shall take their place at the foot
Calendar 0f calendar of bills then in order for a third reading
ABSENTEES
Rule 88 The rollcall at the opening of each session of the Senateshall not be dispensed with except by a majority vote of theSenators present
Rule 89 Upon the call of the Senators ordinary and extraordinary the names of the absentees shall be noted by the Secretary and shall appear upon the Journal
COMPELLING ATTENDANCE
Power to Rule 90 The power to compel the attendance of Senators in ortendance der to keep or secure a quorum shall be vested in the President and to this end he may have the doors of the Senate closed When thedoors are so closed no Senator shall be allowred to retire from the Senate without first obtaining leave from the SenateSergeant The Messenger of the Senate shall be ex officio SergeantatArms of
the Senate and on order of the President may arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid
Morning roll call dispensed with by majority vote Name of absentee noted
CALL OF THE SENATE
Call how Rule 91 Whenever the result of a vote taken shall disclose theordered
Subse fact that no quorum of the Senate is present or when the President ceedings shall officially state the fact to the Senate it shall be in order for any Senator to make a motion for a call of the Senate and when this motion is made the President shall state the question as follows Shall the motion for the call of the Senate prevail and if five of the Senators present shall vote in the affirmative the President
29
hall order the Secretary to call the roll of Senators and the absentees shall be noted the doors shall then be closed after which the names of the absentees shall again be ealled over and those who do not appear and who are absent without leave may by the order of the majority of the Senators present be sent for and arrested wherever they may be found by officers to be appointed by the Messenger for that purpose and their attendance secured and the Senate shall determine upon what conditions they shall be discharged
MISCELLANEOUS RULES
Rule 92 When a message shall be sent to the Senate it shall be an Messages vnounced at the door of the Senate by the Doorkeeper and be respectfully communicated to the Chair by the person through whom it may be sent
Rule 93 Messages may be received at any time while the door is Messages
i uni when re
open except while a question is being put or a ballot or a viva voce ceived and
vote is being taken A message shall be presented to the Senate by considered
the President when reoeived or afterwards according to its nature
and the business in which the Senate is engaged or its consideration
may on motion be ordered by the Senate
Rule 94 After a motion is stated by the President or read by the Motions Secretary it shall be deemed to be in the possession of the Senate but may be withdrawn at any time before the decision by consent of the Senate
Rule 95 Any member presenting a petition memorial or remon Petitions trance shall as concisely as practicable intimate the name and etc object of the petitioner memorialist or remonstrant which shall be noted on the Journal and the paper may then be referred without reading
Rule 96 Any motion to suspend the rules or change the order of No debate business shall be decided without debate
Rule 97 Any motion not privileged containing new matter shall Motions lie at least one day on the table iegell
Rule 98 Whenever on any question the yeas and nays shall have Record been ordered the Secretary shall also enter on the Journal the names of those members not voting
Rule 99 Where a motion is made by any Senator it shall not be Not neces necessary that the same shall be seconded before being put to the onSmotlon Senate
Rule 100 After the announcement of the standing committees no Commit
t66S hOW
other Senators shall be placed thereon unless it be at the request of and when a majority of the committee to be added thereto except when Sena enlarged tors have been elected to fill vacancies caused by death or otherwise the President may assign said Senators to such committees as he may see fit and he may fill any vacancy in chairmanships
30
Privileges Rule 101 No person shall be allowed to enter upon the floor of this Senate except the Senators and officers thereof the officers and members of the House the Governor of the State and the heads of the offices of the Executive Department exGovernors Judges of the Supreme and Superior Courts in actual commission expresiding officers of the Senate and House and such others as the Senate may allow upon recommendation of the committee on the privileges of the floor
Duty of Rule 102 It shall be the duty of the Committee on Journals to on Journals read the Journal of each days proceedings and report to the Senate that the same is correct before the Journal is read by the Secretary Adjourn Rule 103 The hour to which the Senate shall stand adjourned every day shall be 10 oclock a m of the succeeding day except Sundav unless otherwise ordered bv the Senate yeas and Rule 104 A motion for the call of the yeas and nays shah oe debatable decided without debate
Signature Rule 105 All writs warrants and subpoenas issued by order of the andrSeerent Senate shall be signed by the President and attested by the Secretary tary Rule 106 It shall be the duty of the Messenger to attend to the
Duty of wants of the Senate while in session to aid in the mforcement of Messenger order under the direction of the President to execute the demands of the Senate from time to time together with all such processes issued under its authority as may be directed to him by the President Messengers Rule 107 The Messenger under the direction of the Secretary shall tributingS superintend the distribution by the Pages of all documents and mentsetc papers to be distributed to the members he shall distribute to the members the usual and necessary stationery required by them interiinea Rule 108 No committee shall deface or interline a bill resolution bidden1 or other paper referred to said committee but shall report any amendments recommended on a separate paper noting the section page or line to which said amendments relate
Pairing Rule 109 No pairing of members shall be recognized or allowed as an excuse for not voting
Committee Rule 110 Whenever any Senator moves that a Committee of encenfer Conference on disagreeing votes of the two Houses naming the number of members be appointed if said motion prevails the President shall appoint a committee on the part of the Senate and in such case the committee shall consist only of such Senators as voted in the majority on the position assumed by the Senate and if by inadvertence any Senator be nominated on said committee who was not in said majority vote he shall notify the Senate and be excused by the President
Amend Rule 111 After commitment of a bill and report thereof to the mente senate it may be amended before the report of the committee is agreed to by the Senate but the amendments if any reported by
the committee shall he disposed of before any other amendment be considered unless it be an amendment to a committee amendment
Rule 112 No motion on a subject different from that under con Motion sideration shall be admitted under color of amendment If a motion be made to strike out part of a bill or resolution a motion to amend the part proposed to be stricken out shall be first in order
Rule 113 All reports of a committee shall be in writing and the Majority
and minor
minority of a committee may make a report m writing setting forth ity reports
succinctly the reasons for their dissent
Rule 114 Every motion to alter the rules of the Senate or for What mo inn tions lie on
information from the Executive or departments shall he on the table table
one day
Rule 115 On the call of the yeas and nays the Secretary shall read Changing the names of the Senators after they have been called and no Senator shall be permitted to change his vote unless he at that time declares that he voted under a mistake of the question
Rule 116 Questions of privilege shall be first those affecting the Questions
i of privilege
rights of the Senate collectively its safety dignity and the integrity of its proceedings second the rights reputation and conduct of Senators individually in their representative capacity only and shall have precedence of all other questions except a motion to adjourn
Rule 117 In all elections a majority of the Senators present shall Elections be necessary to a choice
Rule 118 Any one of the foregoing Rules may be suspended by a twotliirds vote of a quorum
COMMITTEES
Rule 119 The President shall appoint the following standing committees
General Committee on Judiciary for consideration of general bills
Special Committee on Judiciary for consideration of special or local bills
Committee on Finance
Committee on Corporations
Committee on Railroads
Committee on State of the Republic
Committee on Internal Improvements
Committee on Agriculture
Committee on Privileges and Elections
Committee on Petitions
Committee on Enrollment
Committee on Journals
Committee on Military Affairs
Committee on Banks
Committee on Education
Committee on Public Schools
32
Questions not provided for
Committee on Deaf and Dumb Asylum
Committee on Blind Asylum
Committee on Lunatic Asylum
Committee on Penitentiary
Committee on Auditing
Committee on Public Printing
Committee on Immigration and Labor
Committee on Temperance
Committee on Public Property
Committee on Public Library
Committee on Privileges of the Floor
Committee on Mines and Mining
Committee on the Hall and Committee Rooms
Committee on Rules of which the President shall be ex officio Chairman
Committee on Congressional and Legislative Reapportionment ORDER OF BUSINESS
Rule 120 The following shall be the order of business
1 Prayer by the Chaplain
2 Call of the Roll
3 Reading the Journal
4 Confirmation of the Journal
5 Motions to reconsider
6 Unfinished business
7 Presentation of Petitions
8 Reports of standing committees
9 Reports of select committees
10 Messages from the Governor
11 Messages from the House of Representatives
12 Introduction of bills the first time on Mondays Wednesdays and Fridays of each week
13 Consideration of bills adversely reported from committee on Tuesdays and Thursdays of each week
14 Reading of bills second time favorably reported from committee on Mondays and Saturdays of each week
15 Motions and resolutions
16 Special orders
17 General aiders but messages from the Governor and House of Representatives and reports from the Committee of Enrollment may be received under any order of business
Rule 121 When any question arises which is not provided for in the foregoing Rules the same shall be controlled by the rules usually governing parliamentary bodies
33
RULES
FOR THE GOVERNMENT OF THE SENATE IN EXECUTIVE
SESSION
I When nominations shall be made by the Governor to the Senate a future day shall be assigned for their consideration unless the Senate directs otherwise
2 When acting on executive business the Senate shall be cleared of all persons except the Senators the Secretary and Assistant Secretary
3 All information or remarks touching or concerning the character or qualifications of any persons nominated by the Governor for office shall be kept secret
4 The Legislative and Executive proceedings of the Senate shall be kept in separate and distinct books
5 All nominations approved by the Senate or otherwise definitely acted on shall be transmitted by the Secretary to the Governor with the determination of the Senate thereon from day to day as such proceedings may occur but no further extract from the Executive Journal shall be furnished published or otherwise communicated during any session except by special order of the Senate and in transmitting the determination of the Senate thereon the Secretary shall in no instance furnish a list of the names of Senators voting in the affirmative or negative but only the fact of confirmation or rejection and the numerical vote and the record of votes shall be sealed and transmitted to the Secretary of States office there to he placed on file
RULES
FOR THE GOVERNMENT OF THE GENERAL ASSEMBLY WHEN ASSEMBLED IN JOINT SESSION
L The time of the meeting of the two Rouses in joint session shall be determined by the concurrent resolution of the Senate and House of Representatives except where provided by law
2 At the hour determined by the concurrent resolution the Senate shall repair to the Hall of the House of Representatives
3 The President of the Senate shall preside and announce that the General Assembly is in joint session and cause to be read the resolution convening the same He shall put all questions to the body and decide all questions of order An appeal may be taken from any of his decisions to the whole General Assembly
4 The Speaker of the House shall sit on the left of the President of the Senate
5 In announcing a candidate the mover shall not make anycommendatory or other remarks
6 In the elections by the General Assembly no member after having voted shall be allowed to change his vote unless he will rise and state in his place that he voted by mistake or that his vote has been recorded by mistake
7 No debate shall be in order except as to questions of order
8 No motion to adjourn shall be in order In lieu thereof there shall be the motion to dissolve the joint session which shall be in the form That the joint session of the General Assembly be now dissolved or That the joint session of the General Assembly be now dissolved to be reconvened at a time named The latter motion shall have precedence of the former
9 The motion to dissolve the joint session either indefinitely or until a fixed time shall always be in order except that after the call
36
of the roll has commenced it shall not be in order until after the result of said vote shall have been declared by the President of the Senate
10 When a motion to dissolve the joint session shall be decided in the negative the same shall not again be in order until other business shall have intervened
11 When a motion to dissolve the joint session either indefinitely or to a fixed time shall be decided in the affirmative the President of the Senate shall so declare and the Senate shall without further motion immediately repair to the Senate Chamber
12 The majority of each house shall be necessary to constitute a quorum of the joint session
13 These rules may be amended by the concurrent resolution of the two houses and they or either of them shall cease to be in force when either house shall notify the other house of the withdrawal of its consent to the same
OFFICERS and MEMBERS
OF THE
House of Representatives
OFFICERS
OF THIS
House of Representatives 1890
CLARK HOWBLL of Fulton Speaker
PAUL B TRAMMELL of Whitfield Speaker Pro Tem
MARK A HARDENClerk
CHAS P HANSELL Assistant Clerk
A B HARRISON Journal Clerk
GEORGE C GROGANCalendar Clerk
M H MELTONEngrossing Clerk
J R SMITH of CoffeeMessenger
R J WILSON of Richmond Doorkeeper
LIST OF MEMBERS
OF THE
House of Representatives
ALPHABETICALLY ARRANGED
Anderson E J
Atkinson J M
Atkinson W Y
Baldwin M A
Barrett T J
Baskin J 0
Baxter Tracey Jr Bennett Nathan
Berner R L
Boifeuillett J T
Branch J L
Brodnax Samuel
Brown P D
Brown T W M
Bryan W C
Burge W T
Brinson T J
Bush C C
Burney J W
Cagle Wm
Calvin M Y
Campbell N C
Cason J A
Chapman S N
Chappell J T
Clifton Wm
Clay J L
Coffey A N
Cooper V A
Craigo T W
Crowder J T
Crawford L
Crawfordville
Harlem
Newnari
Cuthbert
Lifseys Store
Hawkinsville
Macon
LogansvillO
Forsyth
Macon
Greenway
Walnut Grove
Pleasant Grove
Buchanan
Rome
Stilesboro
Millen
Colquitt
Madison
Jasper
Augusta
Chalybeate Springs
Waresboro
Powelton
Dublin
Savannah
Dallas
Welch
Monroe
Ellijay
Forsyth
Darien

44
Outts A SAmericus
Davis W H Waynesboro
Davis C R Zoar
Davis Daniel Dahlonega
Dennard J A Abbeville
Devore A WAlpharetta
Dismuke F DvGriffin
Dodson B FHapeville
Dunwody H FBrunswick
Edenfleld H G Millen
Everett M LLumpkin
Ethridge M F Hattie
Faust W ELexington
Fleming W HAugusta
Gardner H NGrangerville
Gilbert S PColumbus
Glover Newton Ellaville
Goodwin J B Atlanta
Griffin E SJeffersonville
Godard J DGrays
Graves H LWinton
Griffith G 0 Danielsville
Hardeman S H Washington
Hall J H Norwood
Hand I H Milford
Harris G T Ringgold
Harris J EOak Grove
Harris B C Sandersville
Hartridge GazawaySavannah
Harper G WPlowshare
Hagan J WCat Creek
Hancock H H Jefferson
Heard W HStansell
Hill J D Acworth
Hill H WGreeneville
Hendricks J TSummerville
Herrington W J Hillis
Henderson JamesMonticello
Hogan J R Agnes
Holtzclaw R N Perry
Holbrook W CChamblee
Holzendorf J M Sheffield
Howell Clark Atlanta
Hulsey J HLand
Humphreys W S Quitman
Huff W A Macon
45
T T Eatonton
Txtw A W Thomasville
Toccati t TT Franklin
TooVunn A TT McNutt

cuuuigoj Graham
Eastman
Swainsboro
Adel
Gibson
Greensboro
Sowhatchee
T oTv a a Fort Gaines
JjalXV VA VJ1 Tarver
Sparta
Adairsville
Nacoochee
Homerville
Atlanta
Tell
Jacksonville
ATqvWaII ftlTYlPOTl i Talbotton
Grove Level
Americus
McDaniel W F Conyers Stellpville
MoflrAws T Ti Mt Yernon
Culloden
Palmour
Gainesville
Kite
Meriwether T M Washington 1 Howard
Mitchell i H Zebulon
IVTohl ev Ti Hamilton
Mosely E C Monroe A I 1VTm4nD W T Iron City Morgan Athens
Lithonia
Norman N J fldtvHsi N fr Flemington Midland
Odom J M TTTSTpfll T P Hempstead Broxton
Prkcr J IVT Cairo
Parker J U Commissioner
Parham J W Blairsville
46
Payne W P
Peacock D L F
Peek W H H
Peeples IP L
Pearson John
Perry J R
Phillips J P
Pope A F
Rainey Birdine
Rembert E W
Reid R A
Roberts W T
Ryals G M
Sapp W A
Sapp J J
Seay J J
Sears W M
Sibley J A
Sinquefleld W A
Smith Wilson
Smith W E
Smith A H
Sharpe E R
Scruggs W C
Stokes J J
Strickland W H
Swain J W
Tatum G W M
Tarver S F
Thornton Silas
Thompson J F
Traylor R B
Trammell P B
Turner J W
Twitty J N
Underwood T G
Walker S A
Ware J E II
Wells D B
Wells W D
Whitfield Robert
Witzell J H
Wiliams Eb T
Whatley S L
Wheeler J B
Thomaston
Snow
Locust Grove Laurenceville Altamaha
Sumner
Clarksville
Crawford
Acworth
Spring Place
Eatonton
Douglasville
Savannah
Cusseta
Camilla
Rome
Richland
Marietta
Tennille
Flovilla
Attapulgus
White Plains
Carrollton
Rabun Gap
Folkston
Clyde
Reeves Station
Trenton
Louisville
Screven
Crowders
Troup Factory
Dalton
Oreburg
Jefferson
Carnesville
Thomson
Fayetteville
Dranesville
Smith ville
Milledgeville
Blue Ridge
Augusta
Paris
La Fayette
47
WhiteJ F Wisdom W C Wright H G Wylly L C Wooten W E Young T B
Hartwell
Wisdoms Store
Marlow
Patterson
Albany
Ruby
MEMBERS
OP THE
House of Representatives
BY COUNTIES WITH THEIR POSTOFFICE
COUNTY NAME POSTOPFICE
Appling S W Johnson Graham
Baker I H Hand Milford
Baldwin Robert Whitfield Milledgeville
Banks M L McDonald Grove Level
Bartow W L LeCnte Adairsville
Bartow W T Burge Stilesboro
Berrien W L Kennon Adel
Bibb W A Huff Macon
Bibb J T Boifeuillet Macon
Bibb Tracy Baxter Jr Macon
Brooks W S Humphreys Quitman
Bryan W H Strickland Clyde
Bulloch C R Davis Zoar
Burke W J Herrington Hillis
Burke W H Davis Waynesboro
Burke T J Brinson Millen
Butts Wilson Smith Elovilla
Calhoun A I Monroe Morgan
Camden J M Holzendorf Sheffield
Campbell J M Mason Tell
Carroll G W Harper Plowshare
Carroll E R Sharpe Carrollton
Catoosa H G T Harris Ringgold
J J Stokes Folkston
Chatham Wm Clifton Savannah
Chatham G M Ryals Savannah
Chatham Gazaway Hartridge Savannah
Chattahoochee W A Sapp Cusseta
Chattooga J T Hendrix Summerville
Cherokee J B Hill Ac worth
Clarke W J Morton Athens
50
COUNTY NAME POSTOFFICE
Clay G G Lark Fort Gaines
Clayton B F Dodson Hapeville
Clinch L C Maddox 1 Homerville
Cobb J A Sibley Marietta
Cobb Burdine Rainey Acworth
Coffee Thos P ONeal Broxton
Columbia J M Atkinson Harlem
Colquitt J M Odom Hempstead
Coweta 1 W Y Atkinson Newnan
Coweta S L Whatley Paris
Crawford A J McAfee Culloden
Dade G W M Tatum Trenton
Dawson R B McClure Palmour
Decatur W E Smith Attapulgus
Decatur E C Mosely Iron City
DeKalb W C Holbrook Chamblee
DeKalb T Y Nash Lithonia
Dodge C J Jones Eastman
Dooly D L F Peacock Snow
Dougherty W E Wooten Albany
Douglas W T Roberts Douglasville
Early J P Lane Sowhatchee
Echols A D Laslie Tarver
Effingham H G Wright Marlow
Elbert W H Heard Stansell
Emanuel W R Kemp Swainsboro
Fannin John H Witzell Blue Ridge
Fayette J E H Ware Fayetteville
Floyd J W Turner Oreburg
Floyd W C Bryan Rome
Floyd John J Seay Rome
Forsyth P D Brown Pleasant Grove
Franklin T G Underwood Oarnesville
Fulton Clark Howell Atlanta
Fulton John B Goodwin Atlanta
Fulton Edmund W Martin Atlanta
Gilmer T W Craigo Ellijay
Glascock J H Kitchens Gibson
Glynn H F Dunwody Brunswick
Gordon J W Swain Reeves Station
Greene A L Kimbrough Greensboro
Greene A H Smith White Plains
Gwinnett i Henrv L Peeples Lawrenceville
Gwinnett Nathan Bennett Logansville
Habersham James P Phillips Clarksville
51
COUNTY NAME POSTOFFICE
Hall Stephen R Merritt Gainesville
Hall Jesse H Hulsey Land
Hancock R H Lewis Sparta
Hancock S W Chapman Powellton
Haralson T W M Brown Buchanan
Harris R B Mobley Hamilton
Harris W C Wisdom Wisdoms Store
Hart James F White Hartwell
Heard R H Jackson Franklin
Henry W H H Peek Locust Grove
Houston R N Holtzclaw Perry
Houston M F Ethridge Hattie
Irwin Thomas B Young Ruby
Jackson H H Hancock Jefferson
Jackson J N Twitty Jefferson
Jasper James Henderson Monticello
Jefferson Samuel F Tarver Louisville
Jefferson C A Mathews Stellaville
Johnson Silas Meeks Kite
Jones James D Godard Grays
Laurens James T Chappell Dublin
Lee W D Wells Smithville
Liberty N J Norman Flemington
Lincoln James R Hogan Agnes
Lowndes J W Hagan Cat Creek
Lumpkin Daniel Davis Dahlonega
Macon H N Gardner 1 Grangerville
Madison George 0 Griffith Danielsville
Marion D B Wells Dranesville
McDuffie SamuelA Walker Thomson
McIntosh Lectured Crawford Darien
Meriwether H W Hill Greenville
Meriwether N C Campbell Chalybeate Springs
Miller 0 C Bush Colquitt
Milton A W Devore Alpharetta
Mitchell J J Sapp Camilla
Monroe John T Crowder Forsyth
Monroe R L Berner Forsyth
Montgomery i John S Matthews Mount Vernon
Morgan John W Burney Madison
Murray E W Rembert Spring Place
Muscogee H S P Gilbert Columbus
Muscogee N G Oattis Midland
Newton 1 Henry L Graves Winston
Oconee A H Jackson McNutt
COINTY NAME POSTOFFICE
Oglethorpe A F Pope Crawford
Oglethorpe W E Faust Lexington
Paulding Jasper L Clay Dallas
Pickens William Cagle Jasper
Pierce L C Wylly Patterson
Pike T J Barrett Sr Lifseys Store
Pike J H Mitchell Zcbulon
Polk John L Branch Greenway
Pulaski James 0 Baskin Hawkinsville
Putnam T J Ingraham Eatonton
Quitman J E Harris Oak Grove 1
Rabun W C Scruggs Rabun Gap
Randolph M A Baldwin Cuthbert
Richmond W H Fleming Augusta
Richmond tEb T Williams Augusta
Richmond Martin Y Calvin Augusta
Rockdale W F McDaniel Conyers
Schley Newton Glover Ellaville
Screven H G Edenfield Millen
Spalding F D Dismuke Griffin
Stewart M L Everett Lumpkin
Sumter J A McDonald Americus
Talbot S Maxwell Talbotton
Taliaferro E I Anderson Crawfordville
Tattnall John Pearson Altamaha
Taylor S Montgomery Howard
Telfair F R Mann Jacksonville
Terrell William Jennings Dawson
Thomas A W Ivey Thomasville
Thomas J M Parker Cairo
Towns A N Coffey Welch
Troup R B Traylor Troup Factory
Troup J F Thompson Crowders
Twiggs Eli S Griffin J effersonville
Union J W Parham Blairsville
Upson W P Payne Thomaston
Walker J B Wheeler LaFayette
Walton S H Brodnax Walnut Grove
Walton Y A Cooper Monroe
Ware J A Cagn Waresboro
Warren John H IJall Norwood
Washington W A Sinquefield Tennille
Washington B G Harris Sandersville
Wayne Silas Thornto n Screven
Webster wiW M Sears Richland
58
COUNTY NAME i POSTOFFICE
WhiteJ R LumsdenNacoochee
WhitfieldPaul B TrammellDalton
WilcoxJames H DennardAbbeville
WilkesS H HardemanWashington
WilkesT M MeriwetherWashington
Wilkenson J U ParkerCommissioner
WorthJ W Perry Sumner
Standing Committees
OF THE
House of Representatives
Atkinson
Gilbert
Berner
COMMITTEE ON RULES
Mr Speaker ex officio Chairman
of Coweta Calvin
Huff
Hill of Meriwether
STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES
I pv lp 1
m GENERAL AGRICULTURE
Twitty Chairman
Kennon t
Kitchens r
Trammell
Barrett
Broadnax
Branch
Brown of Forsyth Bryan
Bnrney
Calvin
Campbell
Coffey
Craigo
Crowder
Davis of Lumpkin Devore
Everett
Etheridge
Gardner
Griffin
Graves
Griffith
Hall
Harris of Quitman Harris of Washington Hagan
Heard
Herrington
Hogan
Holbrook
Ivey
Jackson of Oconee Jones
Lane oc
LeConte
Lumsden i 0
Mason
Mann
McDaniel
Matthews of Jefferson Merritt
Mattox
Montgomery
Mobley
Oattis
Parker of Wilkinson Peeples
Perry
Phillips
Pope r
Reid 11 f
Sapp of Chattahoochee Sibley
Smith of Decatur Smith of Greene Stokes
Swain
Traylor
Turner
Wheeler
Wright
Wylly
58
SPECIAL AGRICULTURE Ryals Chairman
Maxwell
Anderson
Baskin
Bennett
Brown of Haralson Burge
Brinson
Cagle
Cason
Clay
Cooper
Davis of Bulloch Dennard
Dodson
Faust
Glover
Godard
Harris of Catoosa Harper
Hancock
Hill of Cherokee Hendrix
Henderson Holzendorf
Hulsey
Ingraham
Jackson of Heard Jennings
Kemp
Kimbrough
Laslie
McDonald ofBanks
McDonald of Sumter Matthews of Montgomery McAfee
McClure
Meeks
Meriwether
Mitchell
Mosely
Nash
Parker of Thomas Peacock
Odom
Pearson
Rainey
Rembert
Sapp of Mitchell
Sears
Sharp
Sinquefield
Smith of Butts
Scruggs
Strickland
Tarver
Thornton
Thomson
Underwood
W alker
Wells of Marion
White
Whatley
Wisdom
Young
AUDITING
Dennett Barrett Faust Hulsey Graves Chairman McDonald of Sumter Matthews of Jefferson ONeal Strickland BANKS
Seay Calvin Chairman Heard
Atkinson of Coweta McClure
Anderson Herrington
Boifeuillet Baskin Cutts Chapman Edenfield Ethridge Gilbert Kimbrough McDonald of Banks Norman Sharp Tatum Witzell Wylly Griffith
Baldwin Devore Henderson Hulsey BLIND ASYLUM Boifeuillet Chairman McDonald of Sumter Peeples Sapp of Mitchell Sinquefield
Kitchens Tarver
CONGRESSIONAL APPORTIONMENT
Whitfield Dunwody Bush Goodwin Sibley Gilbert Chairman Morton Peeples Chappell Williams
60
CORPORATIONS Lewis Chairman
Atkinson of Coweta Baxter
Bryan
Brown of Forsyth Burney
Davis of Burke Dodson
Glover
Goodwin
Hill of Meriwether Hardeman
Humphreys
Kimbrough Nash
Monroe
Oattis
Peek
Roberts
Smith of Butts
Twitty
Williams
COUNTIES AND COUNTY MATTERS Fleming Chairman
Sharp
Bennett
Brown of Haralson Burge
Clay
Cooper
Crowder
Hall
Humphreys
Mathews of Montgomery
Mitchell
McClure
Payne
Rembert
Scruggs
Traylor
Wells of Marion Walker
Wheeler
61
DEAF AND DUMB ASYLUM Burney Chairman
Anderson
Brown of Haralson Calvin
Cason
Coffey
Everett
Griffin
Harris of Qnitman McDonald of Banks Mattox
ONeal
Henderson
Perry
Ryals
Tarver
Turner
Underwood
Ware
Stokes
Clay
Hill of Meriwether Crowder
Kemp
ENROLLMENT Young Chairman
Atkinson of Columbia Branch
Campbell
Davis of Bulloch Edenfield
Harper
Jackson of Oconee Kennon
Kimbrough
Lark
Lane
LeConte
McAfee
Meriwether
Mobley
Monroe
Odom
Parham
Rembert
Smith of Green Swain
Sapp of Mitchell Walker
Whatley
62
EDUCATION
Jackson of Heard Chairman
Oattis
Atkinson of Coweta Boifeuillet
Bnsh
Chapman
Campbell
Craigo
Davis of Bnrke Davis ofaLnmpkin Fleming
Craves
Hartridge
Holtzclaw
Holzendorf
Hogan
Jackson of Oconee LeConte
Maxwell
McAfee
Mathews of Jefferson Mason
Montgomery
Morton
Martin
Parker of Thomas Seay
Sears
Stokes
Swain
Smith of Greene Smith of Decatur Traylor
Wooten
Ware
EXCUSES OF MEMBERS
Lnmsden Chairman
Baskin Mosely
Broadnax Wheeler
Crowder Wright
Harris of Catoosa
63
FINANCE Huff Chairman
Seay
Baldwin
Boifeuillet
Broadnax
Clifton
Cutts
Dunwody
Everett
Fleming
Graves
Gilbert
Hand
Harris of Washington Humphreys
Ivey
Kemp
Lewis
Lumsden
Mann
Mobley
Mason
Martin
Mathews of Jefferson Morton
Norman
Payne
Peeples
Pope
Reid of Putman
Ryals
Sapp of Chattahoochee Sears
Sibley
Turner
Twitty
Wright
Whatley
Wooten
Whitfield
Witzell
Ware
Wells of Lee
Wheeler
Young
HYGIENE AND SANITATION
Campbell
Chappell
Johnson
Peek
Baldwin Chairman
Perry
Phillips
Thompson
Underwood
64
Glover HALLS AND ROOMS Mann Chairman Peacock
Harris of Quitman Parker of Thomas
Jackson of Oconee Ryals
J ennigs Walker
IMMIGRATION Humphreys Chairman
Atkinson of Columbia LeConte
Cason Clay Graves Pearson Reid Rembert
McAfee Swain
INTERNAL IMPROVEMENTS Ivey Chairman
Atkinson of Columbia Holzendorf
Brown of Forsyth Ingraham
Ethridge Godard Hendrix Maxwell ONeal Rainey Wylly JOURNALS Bush Chairman
Barrett Hill of Cherokee
Brinson Hagan
Davis of Lumpkin Jones
Gardner Hall Laslie Montgomery
65

GENERAL JUDICIARY
Hill of Meriwether Chairman
Atkinson of Coweta Harper
Baxter Holtzclaw
Berner Humphreys
Bush Lark
Clifton Lewis
Davis of Burke Martin
Dismuke Monroe
Dunwody Roberts
Fleming Smith of Decatur
Gilbert Williams
Goodwin Wooten
Hardeman Whitfield
LUNATIC ASYLUM
Hand Chairman
Whitfield Laslie
Anderson Johnson
Baldwin Mason
Branch Mattox
Baskin Merritt
Broadnax Mobley
Campbell Parham
Chappell Parker of Wilkinson
Cagle Peek
Chapman Perry
Dennard Phillips
Godard Sinquefield
Griffith Sibley
Holbrook Thompson
Hand Underwood
Heard Ware
Hogan White
Hall Wells of Lee
66
LABOR AND LABOR STATISTICS
Pope Chairman
Fleming Mitchell
Crawford Rembert
Gilbert Traylor
Harris of Catoosa Thornton
Holbrook Wheeler
Berner
Hagan
Hartridge
Hendrix
Odom
MANUFACTORIES Tatum Chairman
Peacock
Pope
Swain
Young
MILITARY AFFAIRS
Baxter
Berner
Boifeuillet
Clifton
Cutts
Goodwin
Gilbert
Hand
Holtzclaw Chairman
Holbrook
Lewis
Merritt
Norman
Reid
Trammell
Wooten
MINES AND MINING
Sibley Chairman
Broadnax Merritt
Cagle Mosely
Meeks
Davis of Lumpkin Phillips
Hill of Cherokee Rainey
67
PENITENTIARY Clifton Chairman
Trammell
Cagle
Barrett
Crawford
Coffey
Dennard
Dismnke
Harris of Catoosa Harris of Washington Heard
Holzendorf
Huff
Hulsey
Hardemany
Jones
Lane
Lumsden
Mann
McDaniel
Martin
Meeks
Nash
Oattis
Parham
Parker of Wilkinson Peek
Rembert
Seay
Scruggs
Strickland
Tatum
Turner
Tarver
Wells of Lee
White
Ware
Wisdom
Williams
PRIVILEGES OF THE FLOOR
Roberts
Brown of Haralson Coffey
Kitchens
Laslie
Chairman
Mathews of Montgomery McDonald of Banks Montgomery
Wisdom
PUBLIC PROPERTY
Goodwin Chairman
Brown of Forsyth Griffith
Huff
Johnson
Lark
McClure
Nash
Sharp
Stokes
Strickland
Wisdom
Whitfield
68
PRIVILEGES AND ELECTIONS
Martin Chairman
Dunwody Lark
Devore Lumsden
Dismuke Meriwether
Hancock Payne
Henderson Pearson
Humphreys Parker of Thomas
Johnson Wells of Marion
PUBLIC LIBRARY
Harris of Washington Chairman
Crowder Ingraham
Devore Kennon
Dodson Sharpe
Gardner Smith of Decatur
Hogan
RAILROADS
Hartridge Chairman
Holtzclaw Herrington
Atkinson of Columbia Hand
Bofeuillet Kemp
Baxter Lewis
Berner Mann
Branch Mitchell
Clifton Norman
Craigo Oattis
Cason Peeples
Calvin Pope
Cutts Sinquefield
Dunwody Sibley
Dennard Scruggs
Goodwin Turner
Ivey Wright
69
ROADS AND BRIDGES QattiSj Chairman
Burge
Craigo
Cooper
Godard
Griffin
Hagan
Hill of Meriwether
Jackson of Heard Jennings
McDaniel
Sapp of Chattahoochee Smith of Butts Thornton
Wright
SPECIAL JUDICIARY Whitfield Chairman
Dismuke Nash
Brinson Parham
Bush Peacock
Chappell Reid
Chapman Pierson
Hancock Sapp of Chattahoochee
Herrington Swain
Mosely Tatum
Morton Twitty
Meeks White
STATE OF THE REPUBLIC
Branch Chairman
Bush Hardeman
Burney Hulsey
Cooper Matthews of Montgomery
Faust
70
TEMPERANCE Maxwell of Talbot Chairman
Bryan Fleming
Baxter Henderson
Bennett Mattox
Chappell Meriwether
Crawford Cutts
Davis of Bulloch Morton
Edenfield Mason
Griffin Odom
Holbrook ONeal Parham
WILD LANDS
Wooten Chairman
Craigo Rainey
Hill of Cherokee Sapp of Mitchell
Lane Smith of Greene
Monroe Stokes
Roberts Tatum
A CODE
OF
PARLIAMENTARY LAW
OF FORCE IN THE
STATE OF GEORGIA
PREPARED BY LOUIS F GARRARD
SUE USE OF THIS VOLUME IS RESPECTFULLY DEDICATED TO THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA
Adopted as the Rules of the House of Representatives of the State of Georgia 11th Day of November 1890
Atlanta Georgia
Geo W Harrison State Printer Franklin Publishing House 1690
THE SPEAKER
Rule 1 The Speaker shall in his discretion suspend irrelevant Discrethm debate and command silence whenever he may deem it needful
Rule 2 In all cases of election by the House the Speaker shall vote In other cases he shall not vote unless the House shall be shall vote equally divided or unless his vote if given to the minority will make the division equal and in case of such equal division the question shall be lost But in all cases where a fixed constitutional vote is required to pass the bill or measure under consideration and said bill or measure shall lack only one vote to pass the same the Speaker shall vote and his vote so cast shall be counted the same as that of any other member member to
Rule 3 When two or more members shall rise at the same tiine Jeioor to the Speaker shall name the person entitled to proceed by the
Rule 4 All committees shall be appointed by the Speaker unless fpker to otherwise ordered by the House committees
Rule 5 The method of stating a question or any motion by the Method of Speaker after the same has been read to the House by the Clerk question by shall be as follows All in favor of the motion wTill say Aye Speaker Those opposed will say No And when a decision may seem doubtful to the Speaker or a division of the House is called for by any one member of the House theSpeaker shall call upon the members in favor of the motion to rise and after a count is had by the Clerk he shall call upon the members to reverse their positions and the Speaker shall announce the result
Rule 6 The Speaker may during a days sitting name any mem Speaker hhH If m grail i may name
ber to perform the duties oi the Chair during any part ot that sitmembers to
ting but no longer preside
Rule 7 Whenever from any cause the Speaker shall be absent Duty Jkrfftw
the Speaker pro tempore shall preside and if both shall be absent speaker is
the Clerk of the House shall call the House to order and shall pre asent
side until a Speaker pro tempore shall be elected which said election
shall be the first business of the House The Speaker pro tempore
thus elected shall preside until the return of one of the first named
officers when his functions shall cease
Rule 8 Should any member of the House be dissatisfied with the Appeals
ruling of the Speaker on any point he shall rise and respectfully ad
dress the Speaker and say I appeal from the decision of theSpeaker
Chair The Speaker will then state to the House the point ruled
on and his decision on it and shall then put the question of appeal
to the House as follows All in favor of the decision of the Chair
standing as the sense of this House will say Aye Those op
76
posed will say iso and the decision of the House in sustaining or overruling the Speaker shall be final
When no Rule 9 On all appeals on questions of order of a personal characappealsn ter there shall be no debate
Appeals to Rule 10 All appeals from the decision of the Chair shall he made once3X16 at immediately and no appeal shall be in order after other business has intervened from the time of the alleged error of the Chair and before said appeal is sought to be made
When Rule 11 Where debate is permissible on appeals from the decision
may atT of the Chair any member after being recognized by the Speaker dress the may address his remarks directly to the House
Powerof Rule 12 The Speaker shall have power to suspend the Messenger uspendt0 and Doorkeepers for misconduct or neglect of duty and when such siibordf suspension has been made he shall report the same to the House
cers within twentyfour hours thereafter for such action as the House
may see fit to take in the premises
When Rule IB The Speaker shall have power to cause the galleries and
may order lobbies of the House cleared by the Messenger and Doorkeepers galleries in case of disturbance or disorderly conduct therein and to cause cleared any person or persons so offending to be arrested and brought before the bar of the House to be dealt with for comtempt of the House
No guorum Rule 14 When less than a quorum vote on any subject under tyoflpeahconsideration by the House the Speaker may order the bar of the er House to be closed and the roll of members called by the Clerk and
if it is ascertained that a quorum is present either by answering to their names or by their presence in the House and if any member present then refuses to vote such refusal shall be deemed a contempt of the House
Weaker Rule 15 The Speaker may at any time order the roll called on any may order jUestion and take the vote by yeas and nays where a division of the by yeas and House discloses the fact that a quorum of the House has not voted Decision on Rule 16 All questions as to the priority of business to be acted questions Qn ghap pe decided by the Speaker without debate
ON DECORUM AND DEBATE
Conduct Of Rule 17 When any member is about to speak in debate or deliver nedbate any matter to the House he shall rise from his seat and respectfully address himself to Mr Speaker He shall be confined to matter
in debate shall not speak more than twice on any subject nor more than once until every member choosing to speak shall have spoken If anv member in speaking or otherwise transgress the rules of the House the Speaker shall or may call him to order in which case the member so called to order shall immediately sit down unless perAppeals mitted to explain The House shall if appealed to decide and if
77
the decision of the House be not submitted to the delinquent for the first offense shall be reproved for the second fined in a sum not exceeding ten dollars and continuing refractory may be expelled from the House by a twothirds vote of the members wThich said vote shall be taken by ayes and nays and recorded on the Journal of the House
Rule 18 If any member be called to order for words spoken the xcepon words excepted to shall be taken down in writing by the Clerk and spoken read then admitted denied or explained by the member who spoke and thereupon the question of order shall be decided and such other proceedings had as the House may deem proper in regard thereto
But no member shall be held to answer or be subject to the censure of the House for words spoken in debate if any other member has spoken or other business has intervened after the words were spoken and before the exception to them was taken
Rule 19 The members of the House shall forbear from privateSllence conversation and preserve silence until a speaking member shall have taken his seat
Rule 20 The members shall avoid naming each other when they Mode of des may have occasion to take notice of their observations but may des members ignate them by the place in which they may be or the county they represent
Rule 21 No member shall address the House except as heretofore House how
addressed
stated in case of appeals or interrogate a member who is speaking Questions except through the Speaker and should the member speaking decline to be interrupted the Speaker shall cause the member desiring to interrogate to be silent
Rule 22 No member shall vote upon any question in the result of Shall not E i i vote when
which he is immediately and particularly interested or in any case interested
where be was not present when the question being voted on was putin result
to the House except by permission of the House in every case
where the seat of a member is being contested the sitting member
and the contestant shall both retire from the House before the vote
is taken
Rule 23 Any member may enter a protest in writing against the protests action of the House said protest shall clearly and succinctly set forth the grounds of such protest and shall not be argumentative nor arraign nor impugn the motive of the House nor any member thereof
Smoking
Rule 24 No member shall smoke in the House nor shall he con and converse with any one over the bar thereof prohibited
Rule 25 No member shall pass between the Chair and a member member bf while he is speaking nor shall any member at the time of adjournment leave his seat until the Speaker retires joumment
78
Matters transpiring in Senate Committees and private converstn not to be referred to Laudatory and disparaging remarks when forbidden Applause and hisses forbidden No debate i during yeas and nays
Only one motion can be made at a time
Explana
tion
Reading of papers
When members shall vote
Motion to
excuse
when
made
Excuses
from vot
Rule 26 No member shall in debate refer to any private conversation had with another member or to any matters which have transpired in any committee or in the Senate
Rule 27 In nominating candidates for any office no laudatory remarks shall be allowed nor shall any other candidate be disparaged
Rule 28 Applause or hisses in the Representative chamber or in the galleries or lobby during any speech or legislative proceedings shall be promptly suppressed
Rule 29 During the calling or reading of yeas and nays on any question no debate shall be had
Rule 30 No member can make more than one motion at a time and while the motion is being put to the House he must resume his seat and he is not further entitled to the door unless again recognized by the Speaker
Rule 31 No member having asked and obtained leave of the House to explain his vote on any question before the House shall be allowed more than ten minutes for such explanation unless said time is extended by a vote of the House
Rule 32 When the reading of any paper is called for and the same is objected to by any member it shall be determined by a vote of the House and this motion shall be decided without debate
Rule 33 Every member within the hall when a question is put shall vote unless he is immediately and particularly interested therein or the House shall excuse him A motion to excusea member from voting must be made before the House divides or before the call of the yeas and nays is commenced and it shall be decided without debate except that the member making the motion may briefly state the reason why in his opinion it ought to prevail
DIVISION OF A QUESTION
Call for a division
Division how made
Qualifying paragraph exception and proviso
Strike out and insert not divisible
Rule 34 Any one member may call for a division of the question on a subject in which the sense thereof will admit of it
Rule 35 The member calling for a division must state into ho w many and definitely what parts he would have the question divided Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself and be consistent and entire
Rule 36 A qualifying paragraph an exception or a proviso if taken from that to which it belongs would not contain a distinct or entire proposition
Rule 37 A motion to strike out and insert is an indivisible proposition
79
BILLS AND RESOLUTIONS
Rule 38 The Clerk shall on Mondays Wednesdays and Fridays nfes eall the counties for the introduction of new matter beginning alternately at the first and the last of the alphabet
Rule 39 All bills and resolutions shall be called in the order in Bills and which they stand on the calendar and before reading any bill or res called inDS olution the second or third time the Clerk shall distinctly state its ordernumber and the name of the member by whom introduced
Rule 40 It shall be in order to introduce bills or other matter Bills etc upon the call of the counties without any previous notice having Educed been given for that purpose
Rule 41 No debate shall be admitted upon any bill at the first Question reading find the question shall be Shall this bill be committed or reading engrossed In case of engrossment the entry thereof shallbe made by the Clerk and the bill shall not be amendable thereafter unless subsequently committed In case of commitment it shall be to a committee of the whole House unless the House shall otherwise direct
and bills committed to the whole House shall be considered in com
p Effect of
mittee of the whole House In cases where the report oi a committee favorable
is favorable to the passage of the bill the same shall be read a second gmittee time and passed to a third reading without question Where the report of a committee is adverse to the passage of a bill on the second coni reading thereof the question shall be on agreeing to the report of the mittee committee If the report of the committee is agreed to the bill shall be lost If the report of the committee is disagreed to the bill shall be passed to a third reading unless recommitted Any bill may be with drawn drawn at any stage thereof by consent of the House
Rule 42 No bill or resolution shall be transmitted to the Senate on Transmis
sion to Sen
the day of the passage thereof unless twothirds ol the members ate by two thirds vote
present shall so order
Rule 43 No bill shall be printed until after the same has been re minted1111 ported to the House by the committee to which it has been referred or by request of said committee and the order of the House agreeing Committee thereto of Whole
Rule 44 All proceedings touching the appropriation of money 107 ee shall be considered in the committee of the whole House et al
Rule 45 All bills and resolutions shall be in writing and shall have Bills and the name of the member introducing the same as well as the county toSbehinS he represents endorsed on the back of the same and in the case of bills the caption of the bill shall also be endorsed on the same dorsed
Rule 46 Where a bill or a resolution has been referred and reported by more than one committee or has been reported on and of
recommitted to thesame committee the last committee report shall tees order be acted on by the House and in all cases the report of the comof aetlonmittee of the whole House shall be first acted on by the House
80
PRECEDENCE OF MOTIONS
Order of Rule 47 When any subject is before the House for considerationr precedence unjer debate no motion shall be received except the following towit
1st A motion to adjourn
2d A motion to lay on table
3d A motion for the previous question
4th A motion to postpone indefinitely
5th A motion to postpone to a day certain
6th A motion to commit
7th A motion to amend
Which said several motions shall have precedence in the order in which they stand as above arranged
MOTION TO ADJOURN
Not debat Rule 48 A motion to adjourn is in no instance debatable nor may be re shall said motion be made a second time until further progress has newed been made in the business before the House
When de Rule 49 A motion to adjourn to a particular day or for a particular
batable if made when the House is not actually engaged in other bus
iness is debatable
When Rule 50 The motion to adjourn can be made at any time when the
ma e member moving it can legitimately obtain the floor
When not Rule 51 A motion to adjourn may be made after the motion for
to or er previous question has been sustained but when the House has
voted that the main question shall be now put no motion to adjourn is in order nor shall any motion to adjourn be in order after the Clerk has called the first name of the yeas and nays and a vote of one member has been given or after a division of the House has been had on a vote and the vote is in process of bei ng counted and announced
Effect of ad Rule 52 W hen a motion to adjourn in its simple form prevails it journment acjourng be House to the next sitting day or time in course
Hour of ad Rule 53 Whenever the hour of adjournment as fixed by a prior Whbusi resolution shall arrive while the vote of the House is being taken as post by the yeas and nays the session shall continue until the final vote is taken and announced and if said fixed hour of adjournment shall arrivejwhile the House is acting on the main question after a motion for the previous question has been sustained and before the vote on the main question is being taken either by a division or by the yeas and nays as aforesaid the House shall stand adjourned by virtue of said prior resolution
81
MOTIONS TO LAY ON THE TABLE
Rule 54 No motion to lay an amendment or substitute on the Amendtable shall be in order substitute
Rule 55 A majority of a quorum voting may take from the table taat any time when the House is not engaged on any other measure mat any bill resolution or other paper which has been ordered to lie on ters may bethe table and when so taken up the same is thereby restored to its roni appropriate place on the calendar
Rule 56 If the motion to lay on the table prevails it removes Effect of from the consideration of the House the measure together with all bfe the motions attached to it at the time it is so d isposed of
Rule 57 When the proposition is again taken from the table it Effect of stands before the House in the exact form with all the motions per n table taining to it just as it did at the time the motion to lay on the table prevailed
Rule 58 A motion to lav on the table or to take from the When retable can be renewedfrom time to time when new business has intervened between the votes
Rule 59 Neither the motion to lay on the table nor the motion to Not debat
Hjblc or
take from the table are debatable or amendable amendabie
Rule 60 No member having obtained the floor shall be allowed to submit a motion then move to lay that motion on the table nor shall he be allowed to yield the floor to any other member in order for move to tagaid member to whom the floor is so yielded to move to lay the mo motion tion of the member yielding on the table
Rule 61 Nothing can be legitimately laid on the table excepting What can S be tabled
what can be taken up again
Rule 62 A motion to lay on the table may be made after the mo When in tion for the previous question has been sustained but when the House has voted that the main question shall be now put no motion to lay on the table is in order
THE MOTION FOR THE PREVIOUS QUESTION
Rule 63 The motion for the previous question shall be decided Effect of
previous
without debate and shall take precedence of all other motions except questionmotions to adjourn or to lay on the table and when it is moved the first question shall be shall the motion for the previous question be sustained If this be decided by a majority vote in the affirmative the motion to adjourn or to lay on the table can stillbe made but they must be made before the next question towit
Shall the main question be now put is decided in the affirmative and after said last question is affirmatively decided by a majority vote said motions will be out of order and the House cannot adjourn until the previous question is exhausted or the regular hour of ad journment arrives
82
Twenty minutes debate allowed
Vote how taken
Effect of main ques tion being ordered
Reconsideration when in order
Contested
election
How called and ordered
Call of the House when in order
Questions of order
Rule 64 When the previous question has been ordered the House shall then proceed to act on the main question without debate ex cept that before the main question is put twenty minutes shall be allowed to the committee whose report of the bill or other measure is under consideration to close debate Where the report of the committee is adverse to the passage of the bill or other measure the introducer of the bill shall be allowed twenty minutes before the time allowed to the committee for closing the debate
The Chairman of the committee or the introducer of the bill or other measure may yield the floor to such members as he may indicate for the time or any part of it allowed under this rule This rule shall not be construed to allow the twenty minutes above referred to to be used but once on any bill or measure and then on the final passage of the bill or measure
Rule 65 After the main question is ordered any member may call for a division of the House in taking the vote or may call for the yeas and nays if the call for yeas and nays is sustained by onefifth of the members voting the vote shall be taken by the yeas and nays and so entered on the Journal
Rule 66 The effect of the order that the main question be now put is to bring the House to a vote on pending questions in the order in which they stood before it was moved
Rule 67 After the main question has been ordered no motion to reconsider shall be in order until after the vote on the main question is taken and announced
Rule 68 In all cases of contested election where there is a majority and a minority report from the committee on privileges and elections if the previous question is ordered there shall be twenty minutes allowed to the member of said committee whose name is first signed to said minority report or to such member or members as he may indicate for the time so allowed or any part of it before the twenty minutes allowed to the Chairman submitting the majority report
Rule 69 The previous question may be called and ordered upon a single motion or an amendment or it may be made to embrace all authorized motions or amendments and include the entire bill to its passage or rejection
Rule 70 A call of the House shall not be in order after the previous question is ordered unless it shall appear upon an actual count by the Speaker that a quorum is not present
Rule 71 All incidental questions of order arising after a motion is made for the previous question and pending such motion shall be decided whether on appeal or otherwise without debate
83
MOTION TO INDEFINITELY POSTPONE
Rule 72 When a bill resolution or other measure is under con Effect ideration on the final reading thereof a motion to indefinitely postpone if decided in the affirmative by a majority of a quorum thereby disposes of said bill resolution or other measure for the session
Rule 73 The motion to indefinitely postpone lays open the whole 1teamend question for debate but it cannot be amended
Rule 74 While the motion to indefinitely postpone takes prece hen ean dence over a motion to postpone to a day certain or to commit or applied amend yet this motion cannot be applied to said motions nor can it be applied to incidental questions such as questions of order reading of papers withdrawal of a motion and suspension of a rule
Rule 75 No motion to indefinitely postpone shall be renewed on any bill resolution or other measure after the same has been voted down
MOTION TO POSTPONE TO A DAY CERTAIN
Rule 76 The motion to postpone a bill resolution or other measure to a day certain when decided in the affirmative by a majority of a quorum removes the subject from before the House until the time designated and makes it a privileged question for that day so selected
Rule 77 If the motion to postpone a bill resolution or other Effect of measure is decided in the negative it leaves the question before the vote House as it was before the motion was made and it cannot be moved a second time on same day or at the same stage of the proceeding
Rule 78 This motion to postpone to a day certain may be amended May be
t T amended
by substituting one day for another In this case the time would be treated as a blank and the Speaker should treat these propositions as he would those to fill blanks
Rule 79 If a day is designated known to be beyond the session To a day
NHg beyond the
the Speaker shall treat the motion as though it had been a motion to session
indefinitely postpone the subject
Rule 80 On a motion to postpone to a day certain it is not in Debate
i H when and
order to debate the merits of the question proposed to be postponed howai
Debate may be allowed but it shall be confined strictly to the propolowedsition to postpone and to show why one day is preferred to another
It shall be the duty of the Speaker to hold members rigidly to these points
Rule 81 This motion cannot be applied to subordinate or inci Motion dental questions but must be applied to the whole bill resoulution piiedP or other measure before the House and when it prevails it carries forward the whole proposition and its appendages to the day named
84
MOTIONS TO COMMIT
Rule 2 Motions to commit may be made to refer a bill resolution or other measure to a standing or special committee or committee of the whole House
Rule 83 A motion to commit to a standing committee takes precedence over a motion to commit to a special committee and shall be first voted on but where a motion is made that a bill resolution or other measure be committed to the committee of the whole House this motion shall be put before either of the above named motions
Rule 84 On a motion simply to commit no debate shall be allowed but where instructions are added the merits of the question can be debated
Rule 85 A motion to commit may be amended by adding instructions or by substituting another committee for the one named by the member making the motion
Rule 86 Any proposition that has been referred to any committee either standing or special may on motion be recommitted to the same or any other committee by a majority of a quorum
MOTIONS TO AMEND
mentsf how Rule 87 There are three ways in which a proposition may be made amended towit
1st By inserting or adding words
2d By striking out words
3d By striking out and inserting words
An amendment is itself subject to be amended in all three of the ways above mentioned but it is not admissible to amend an amendment to an amendment
Substitute Rule 88 A substitute is simply an amendment it is in effect a
motion to strike out all after the enacting clause of a bill or the word Resolved in a resolution and insert that offered as a substitute
perfected Rule 89 When a bill or resolution is before the House for consid
substitut enation and amendments are pending thereto and a substitute shall S U 6 be offered for said bill or resolution and an amendment shall be offered to said substitute it shall be in order for the House to first perfect the original bill or resolution and then perfect the substitute The question shall then be on agreeing to the substitute as amended if it be amended and if decided in the affirmative the question shall be Shall this bill pass or resolution be adopted as the case may be by substitute
lTteTo100 Rule 90 An amendment cannot be offered after the report of the amend committee to whom the bill or resolution under consideration has been agreed to by the House unless said action of the House in so agreeing to said report of said committee shall first be reconsidered
Motion to commit
Precedence of
When
debatable
How
amended
Motion to recommit
86
Rule 91 All motions to amend any matter before the House must in
he in writing and must plainly and distinctly set forth the amendment desired and the part of the bill or resolution where said amendment shall be inserted or added
Rule 92 On all questions whether in committee or in the House Priority the last amendment the most distant day and the largest sum shall be first put
Rule 93 Where blanks occur in any propositions they must be Blanks filled first before any motion is made to amend
Rule 94 The caption or preamble of a bill or resolution shall not enn be considered or amended until the measure has been perfected amended
Rule 95 When a proposition consisting of several sections or rs sections olutions is on a final reading and the House shall agre to a motion to consider the same by sections or paragraphsth Clerk in reading the same shall pause at the end of each section or resolution and the amendments thereto shall be offered as the several sections or resolutions are read but the amendments offered by the committee to whom said bill or resolution was referred shall be read by the Clerk without any motion being made in the House and when a seer tion or resolution shall have been considered it is not in order to recur back and amend it
Rule 96 When a motion is made to amend by striking out and ntsbv
inserting the Clerk shall read the paragraph as it is then the words striking
i i ill out and in
to be stricken out and finally the whole paragraph as it would be it serting
amended
Rule 97 When a motion is made to amend by striking out a par of
agraph any amendment offered to perfect the paragraph shall be put ment to n x perfect
first befoie the question is put for striking it out
Rule 98 When any bill or resolution which originated in the Amending House has been amended in the Senate and is before the House for amendaction on the Senate amendment an amendment may be offered in mentsthe House to the Senate amendment but the House amendment to the Senate amendment cannot be further amended it must be agreed rule 13e to or voted down
Rule 99 A motion to amend an amendment made by the Senate Priority do a House bill or resolution takes precedence of a motion to agree or disagree to said amendment
Rule 100 The questions which arise before the House respecting Priority of 1 rr questions
amendments by the Senate to a House bill or resolution are on Senate
1st A motion to agree to the Senate amendment meats
2d A motion to disagree to the Senate amendment
3d A motion to recede from its disagreement or amendment
4tb A motion to indst on its disagreement or amendment
5th A motion to adhere to its disagreement or amendment
They take precedence in the above order
86
RECONSIDERATION
Motion to Rule 101 When the Journal of the preceding day shall be readr reconsi er e the power of any member whether said member pre
viously voted in the affirmative or negative on the matter sought to be reconsidered to move for a reconsideration of any matter therein contained except such matter as has been previously reconsidered Provided such member shall notify the House of his intention to move such reconsideration at any time before the Journal is eonfirmed
Shall not be Rule 102 The notice of a motion to reconsider shall not be withwhenraWn drawn after the time has elapsed within which it might originally have been made
maybeone Rule 103 No matter shall be reconsidered more than once reconsider Rule 104 Motions for reconsideration shall be in order immediately after the confirmation of the Journal on the day succeeding ier m the action sought to be reconsidered except that any matter which could not be reconsidered on the succeeding day shall be in order for reconsideration on the day of said action
Amend Rule 105 The action of the House upon an amendment may be whence reconsidered at any time before final action upon the section bill considered or resolution to which it relates
Place of Rule 106 All bills reconsidered shall take their place at the foot Calendar of cajenqar 0f then in order for a third reading
COMMITTEE OF THE WHOLE HOUSE
When or Rule 107 The Speaker may resolve the House into a Committee Speaker of the Whole without a motion being made therefor whenever a bill
or resolution shall be in order for consideration on its third reading See rule 44 before the house which is required by the rules of this House to be considered in the Committee of the Whole
When or Rule 108 The House may resolve itself into a Committee of the theHoe Whole House by a majority of a quorum voting on motion of a member made for that purpose
How found Rule 109 In forming a Committee of the Whole House the Speaker shall leave the chair and a Chairman to preside in committee shall be appointed by the Speaker
Proceed Rule 110 In the Committee of the Whole bills shall be first iligs read throughout by the Clerk and then again be read or debated by clauses or sections leaving the preamble to be last considered unless otherwise ordered
Rule in Rule 111 The rules of the House shall be observed in the Corncommittee mpqee Gf the Whole so far as they may be applicable except that it cannot refer a matter to any other committee it cannot adjourn the previous question cannot be enforced a motion to lay on the table or indefinitely postpone shall not be in order a member may
87
speak as often as he may obtain the floorno call of the House shall be in order nor shall any vote be taken by yeas and nays
Rule 112 If at any time in the Committee of the Whole it shall jacje0sed be desired to close the debate or to limit the time to be allowed members for speaking the committpe may rise and report its desire to the House and the House shall take such action thereon as it mav see fit by a resolution agreed for that purpose said resolution shall apply only to the subjectmatter before said committee and when said resolution has been agreed to or refused by the House the action of the House shall be deemed the sense of the committee and the House may then on motion again resolve itself into a Committee of the Whole and continue the consideration of the subject
Rule 113 In the event that a Committee of the Whole House Time of
how ex
at any sitting shall for want of time fail to complete any matter tended
under consideration it may on motion at any time in the committee
made rise report progress and have leave to sit again generally or
at a day certain
Rule 114 A motion that the committee rise and report progress Motion to
rise etc
and ask leave to sit again can be made at any time when the mover
thereof can legitimately obtain the floor and shall take precedence over all other motions and shall be decided without debate and when it prevails the committee shall immediately rise
Rule 115 A motion to reconsider shall be in order in Commit Reconsid
ation
tee of the Whole
Rule 116 The Committee of the Whole shall not proceed with Duty of
when no
the business before it whenever a vote on any question shall dis quorum i close the fact that no quorum of the House is present Whenever presentit is suggested that a quorum is not present the Chairman of the committee shair satisfy himself of the fact by actual count of the committee and report the same to the committee and the Chairman shall on his own motion order that the committee immediately rise and he shall report the fact of the absence of a quorum to the House
Rule 117 The Speaker may in Committee of the Whole take part in the proceedings and he as well as all other members shall vote unless vote on all questions before the committee unless excused therefrom excuse and no pairing of members shall be recognized or allowed in the Committee of the Whole
Rule 118 Amendments proposed by the Committee of the Whole may be amended or rejected by the House and matters stricken out by the committee may be restored by the House
Rule 119 A Committee of the Whole House cannot punish disDsorderiy orderly conduct of its members but must report the same to the ported House for action thereon
may order ue The Chairman of the Committee of the Whole shall
galleries have power to have the galleries or lobbies cleared in case of any diseiearedbieS orderly conduct therein
Rule 121 When the Committee of the Whole have disposed of ingsof the bill resolutions or other measures before it by motion and quesnesbefore ton R shall rise and the Chairman will be instructed to report the it is fin action of the eommittee to the House At this point the Speaker will resume his seat and the Chairman will return to the floor and will state in substance as follows Mr Speaker the Committee of
the Whole House have had under consideration naming what and have instructed me as their Chairman to report the same back to the House with the recommendation that the same do pass or do pass as amended or do not pass as the case may be
The Speaker will reeeive ithis report and repeat the same and the matter will then be before the House for action just as though reported by any other committee
Kecord Rule 122 The proceedings in the Committee of the Whole shall
not be recorded in the Journal of the House except so far as reported to the House by the Chairman of said committee iSbe Rllle 123 When in the Committee of the Whole any papers in called for the possession of the House may be called for by any member and read by the Clerk for the information of the committee unless the committee shall otherwise order
shaUccm ue 124 Amendments ottered to an amendment in the Committain result tee of the Whole shall not be reported to the House but the report teesaetion sha11 contain only the result of the committees action on the bill resolution or the measure under consideration before it
Morning roll call dispensed with by threefourths vote
Name of absentee noted
Duty of Auditing Ounmittee
Excuse of members
ABSENTEES
Rule 125 The rollcall at the opening of each session of the House shall not be dispensed with except by a threefourths vote of the members present
Rule 126 Upon the call of the members ordinary and extraordinary the names of the absentees shall be noted by the Clerk and shall appear upon the Journal
The Clerk shall also keep a book accessible to the Committee on Excuses of Members absent without leave the names of all such absentees noting such as are absent without leave and the members so absent without leave unless excused by the House shall not be entitled to draw pay for the time they are so absent
It shall be the duty of the Committee on Auditing to inquire into the matter before passing upon any members account
Excuses of members absent without leave shall be submitted to the Committee on Excuses of Members Absent without Leave and the recommendation of some member of said committee shall be necessary to have said excuses allowed by the House
89
COMPELLING ATTENDANCE
Rule 127 The power to compel the attendance of members in or Power to der to keep or secure a quorum shall be vested in the Speaker and Sanc to this end he may have the doors of the House closed When the doors are so closed no member shall be allowed to retire from the House without first obtaining leave from the House
The Messenger of the House shall be ex officio SergeantatArms of Serfeantthe House and on order of the Speaker may arrest any absentees 1118 and bring them before the House when necessary to secure a quorum as aforesaid
CALL OF THE HOUSE
Rule 128 Whenever the result of a vote taken shall disclose the CaUhow fact that no quorum of the House is present or when the Speaker Subset shall officially state the fact to the House it shall be in order for Jggg any member to make a motion for a call of the House and when this motion is made the Speaker shall state the question as follows
Shall the motion for the call of the House prevail and if fifteen of the members present shall vote in the affirmative the Speaker shall order the Clerk to call the roll of members and the absentees shall be noted the doors shall then be closed after which the names of the absentees shall again he called over and those who do not appear and who are absent without leave may by the order of the majority of the members present be sent for and arrested wherever they may be found by officers to be appointed by the Messenger for that purpose and their attendance secured and the House shall determine upon what conditions they shall be discharged
CONSTITUTIONAL RULES
Rule 129 A majority of each House shall constitute a quorum to What is a transact business hut a smaller number may adjourn from day to Cpdiday and compel the presence of its absent members as each Houseing attend
i etnee
may provide
Art 3d Sec 4 Par 4
Rule 130 Each Senator and Representative before taking his seat Oath of shall take the following oath or affirmation towit I will supportmembers the Constitution of this State and of the United States and on all questions and measures which may come before me I will so conduct myself as will in my judgment be most conducive to the interest and prosperity of this State
Art 3 Sec 4 Par 5
Rule 131 No bill shall become a law unless it shall receive a ma Majority jority of the votes of all the members elected to each House of the nabm to
90
General Assembly and it shall in every instance appear on the
Yeas and Journal
nays order Art 3 Sec 7 Par 14
flfthof Rule 132 The yeas and nays on any question shall at the desire present of onefifth of the members present be entered on the Journal
Art 3 Sec 7 Par 6
iution ajf0 Rule 133 No bill or resolution appropriating money shall become moneyating a law unless upon its passage the yeas and nays in each House are must pass recorded ancTnays Art 3 Sec 7 Par 12
Constltu Rule 134 Whenever the Constitution requires a vote of twothirds tional two 0f either or both houses for the passage of an Act or resolution the taken by yeas and nays on the passage thereof shall be entered on the Journal yeas and Art 3 Sec 7 Par 21
Rule 135 Every bill before it shall pass shall be read three times biilsding f and on three separate days in each House unless in cases of actual invasion or insurrection
Art 3 Sec 7 Par 7
Revenue Rule 136 All bills for raising revenue or appropriating money shall originate in the House of Representatives but the Senate may propose or concur in amendments as in other bills
Art 3 Sec 7 Par 10
One subject Rule 137 No law or ordinance shall pass which refers to more ma teretc one gubjectmatter or contains matter different from what is expressed in the title thereof
Art 3 Sec 7 Par 8
An amend Rule 138 No law or section of the Code shall be amended or reawand pealed by mere reference to its title or to th number of the section sections f of e Code but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made
Art 3 Sec 7 Par 17
Genera Rule 139 Laws of a general nature shall have uniform operation varfedlW throughout the State and no special law shall be enacted in any case for which provision has been made by an existing general law No general law affecting private rights shall be varied in any particular Consent case by special legislation except with the consent in writing of all reldred11 persons to be aflected thereby and no person under legal disability to contract is capable of such consent
Art 1 Sec 4 Par 1
Corpora Rule 140 The General Assembly shall have no power to grant corporate powers and privileges to private companies except banking insurance railroad canal navigation express and telegraph JgS to1 companies nor to make or change election precincts nor to estabcourts ffgfj bridges or ferries nor to change names of legitimate children
91
but it shall prescribe by law the manner in which such power shall be exercised by the courts
Art 3 Sec 7 Par 18
Rule 141 The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances from the payzance ment thereof either before or after judgment thereon unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officer
Art 3 Sec 7 Par 19
Rule 142 The General Appropriation bill shall embraceiiothingWhatthe
except appropriations fixed by previous laws the ordinary expenses gropriation of the Executive Legislative and Judicial Departments of th Govcontain ernment paying of the public debt and interest thereon and for propria support of the public institutions and educational interests of thetionsby State All other appropriations shall be made by separate bills bmsfa each embracing but one subject
Art 3 Sec 7 Par 9 V
Rule 143 Neither House shall adjourn for more than three days or to any other place without the consent of the other and in case of disagreement between the two Houses on a question of adjournment the Governor may adjourn either or both of them
Art 3 Sec 7 Par 24
Rule 144 All elections by the General Assembly shall be viva voce Elections and the vote shall appear on the Journal of the House of Representatives When the Senate and House of Representatives unite for the purpose of elections they shall meet in the Representative Hall and the President of the Senate shall in such cases preside and declare result
Art 3 Sec 10 Par 1
Rule 145 No bill ordinance or resolution intended to have the Rejected
bills again
effect of a law which shall have been rejected by either House shall considered
be again proposed during the same session under the same or any thirds vote other title without the consent of two thirds of the House by which the same was rejected
Art 3 Sec 7 Par 13
Rule 146 No session of the General Assembly shall continue sion
longer than forty days unless by a twothirds vote of the whole num by a two
j i TT thirds vote
ber of each House
Art 3 Sec 4 Par 6
Rule 147 Each House shall be the judge of the election returns and qualifications of its members and shall have power to punish conduct them for disorderly behavior or misconduct by censure fine im Expulsjon prisonment or expulsion but no member shall be expelled except by twoby a vote of twothirds of the House to which he belongs
Art 3 Sec 7 Par 1
92
Governors
veto
ofGover provision of this Constitution for a twothirds Vote of
required11 if 1H of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case except m the twothirds vote required to override the veto and in case of prolongation of a session of the General Assembly
Art 2 Sec 7 Par 23
Rule 149 The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws but twothirds of each House may pass a bill notwithstanding his dissent and if any bill should not be returned by the Governor within five
tthirds nyu L f7 NSW after has ben presented to him the same vote shall be a law unless the General Aseembly by their adjournment
thereon shall prevent its return He may approve any appropriation and
disapprove any other appropriation in the same bill and the latter shall not be effectual unless passed by twothirds of each House
Art 5 Sec 1 Par 16
ernor must bAery vote resolution or order to which the concur
approve rence of both Houses may be necessary except on a question of Effect of lecton or adjournment shall be presented to the Governor and betwothirds fore it shall take effect be approved by him or being disapproved shall be passed by twothirds of each House
Art 5 Sec 1 Par 17
I iff g No county site shall be Changed or removed except by a twothirds vote of the qualified voters of the county voting at an ection held for that purpose and a twothirds vote of the Genera Assembly
Art 11 Sec 1 Par 4
Rule 152 Any amendment or amendments to this Constitution
Twothirds vote required
amendments to Constitution
Twothirds
vote re Hr uino vunatiLunun
quiredon ay be proposed m the Senate or House of Representatives and if the same shah be agreed to by twothirds of the members elected to each of the two Houses such proposed amendment or amendments shall be entered on their Journals with the yeas and nays taken thereon and the General Assembly shall cause such amendment or amendments to be pubiished in one or more newspapers in each gressional District for two months previous to the time of holding the next general election and shall also provide for submission of such proposed amendment or amendments to the people at the said next general election and if the people shall ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment or amendments shall become a part of this Constitution When more than one amendment is submitted at the same time they shall
seVarate111 1t0 enable eleCtrS t0 Vte M each endment Art 13 Sec 1 Par 1
93
feuie 153 No convention of the people shall be called by the Gen Twothirds eral Assembly to revise amend or change the Constitution unless by qufredto the concurrence of twothirds of all the members of each House of Con the General Assembly The representation in said convention shall How called be based on population as near as practicable
Art 13 Sec 1 Par 2
Rule 154 The Judges of the Supreme Court shall have out of the Salaries of treasury of the State salaries not to exceed three thousand dollars Jldges per annum the J udges of the Superior Courts shall have salaries not to exceed two thousand dollars per annum the AttorneyGeneral shall have a salary not to exceed ttvo thousand dollars per annum and the SolicitorsGeneral shall each have salaries not to exceed two hundred and fifty dollars per annum but the AttorneyGeneral shall not have any fee or perquisite in any cases arising after the adoption of this Constitution but the provision of this section shall not affect those now in office
The General Assembly may at any time by a twothirds vote of May be each branch prescribe other and different salaries for any or all of fnfd hy the above officers but no such changes shall affect the officers then thirdsvote in commission
Art 6 Sec 13 Pars 1 and 2
Rule 155 No local or special bill shall be passed unless notice of the Evidence intention to apply therefor shall have been published in the locality i4afindf where the matter or thing to be affected may be situated which notice special shall be given at least thirty days prior to the introduction of such be submlt biH into the General Assembly and in the manner to be prescribed by aMsstTof law The evidence of such notice having been published shall be same5 exhibited in the General Assembly before such Act shall be passed
Art S Sec 7 Par 16
MISCELLANEOUS RULES
Rule 156 When a message shall be sent to the House of Represent Messages atives it shall be announced at the door of the House by the Doorkeeper and be respectfully communicated to the Chair by the person through whom it may be sent
Rule 157 Messages may be received at any time while the door is Messages open except while a question is being put or a ballot or a viva voce vedand vote is being taken A message shall be presented to the House by considered the Speaker when received or afterwards according to its nature and the business in which the House is engaged or its consideration may
on motion be ordered by the House
Rule 158 It shall be the order of the day every Wednesday to Petitions take up and decide on reports of committees on petitions and all petitions shall be numbered as they are received and taken up and disposed of in the order they were received unless otherwise ordered by a majority of the House
94
Motions
Petitions
Memorials
etc
Commit
tees
Clerk
Clerk
Duties of Committee on Enrollment
Supervision of rules
No debate
Motions not privileged
Record
Not necessary to second motion
Committees how and when enlarged
Privileges of the floor
Rule 159 After a motion is stated by the Speaker or read by the Clerk it shall be deemed to be in the possession of the House but may be withdrawn at any time before the decision by consent of th House
Rule 160 Any member presenting a petition memorial or remonstrance shall as concisely as practicable intimate the name and object of the petitioner memorialist or remonstrant which shall be noted on the Journal and the paper may then be referred without reading
Rule 161 The several standing committees of the House shall have leave to report by bill or otherwise
Rule 162 The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office to the best of his knowledge and abilities and shall be deemed to continue in office until another be elected
Rule 163 The Clerk shall take special care of the books provided for the use of the House
Rule 164 The Committee of Enrollment shall carefully compare enrolled bills and resolutions and correcting any errors that may be discovered in the enrolled bills or other papers make their report forthwith to the respective Houses
Rule 165 The rules of this House known as Constitutional Rules shall in no case be suspended all other rules shall in no case be suspended nor the order of business be changed except by a vote of threefourths of the members voting
Rule 166 Any motion to suspend the rules or change the order of business shall be decided without debate
Rule 167 Any motion not privileged containing new matter shall lie at least one day on the table
Rule 168 Whenever on any question the yeas and nays shall have been ordered the Clerk shall also enter on the Journal the names of those members not voting
Rule 169 Where a motion is made by any member it shall not be necessary that the same shall be seconded before being put to the House
Rule 170 After the announcement of the standing committee no other members shall be placed thereon unless it be at the request of a majority of the committee to be added thereto except when members have been elected to fill vacancies caused by death or otherwise the Speaker may assign said members to such committees as he may see fit and he may fill any vacancy in chairmanships
Rule 171 No person shall be allowed to enter upon the floor of this House except the members and officers thereof the officers and members of the Senate the Governor of the State and the heads of the offices of the Executive Department exGovernors Judges of the
95
Supreme and Superior Courts in actual commission expresiding officers of the Senate and House and such others as the House may allow upon recommendation of the committee on the privileges of the floor
Rule 172 It shall be the duty of the Committee on Journals touyo read the Journal of each days proceedings and report to the House on Journals that the same is correct before the Journal is read by the Clerk Effect of Rule 173 The House may by unanimous consent relieve itself unanimous from the operation of any rule other than the Constitutional rules of consent
the House
Rule 174 No member shall take any books or papers from the Members possession of the House or Clerk without first acquainting the Clerk cierk for and giving him a receipt to return the same in a reasonable time or papers
on his demand
Rule 175 The hour to which the House shall stand adjourned meJturn every day shall be 10 oclock a m of the succeeding day except Sunday unless otherwise ordered by the House Motion for
Rule 176 A motion for the call of tbe yeas and nays shall beyeasani nays not
decided without debate debatable
Rule 177 All acts and joint resolutions shall be signed by Speaker signature and Clerk and all writs warrants and subpoenas issued by order of aferkr the House shall be signed by the Speaker and attested by the Clerk
Rule 178 It shall be the duty of the Messenger to attend to the genger wants of the House while in session to aid in the enforcement of order under the direction of the Speaker to execute the demands of the House from time to time together with all such processes issued under its authority as may be direcied to him by the Speaker
Rule 179 The Messenger under the direction of the Clerk shall ftyln superintend the distribution by the Pages of all documents andtnbutmg papers to be distributed to the members he shall distribute to tbe ments etc members the usual and necessary stationery required by them
Rule 180 No Committee of the Whole or other committee shall Interlmeadeface or interline a bill resolution or other paper referred to said bidden committee but shall report any amendments recommended on a separate paper noting the section page or line to which said amendments relate
Rule 181 No pairing of members shall be recognized or allowed as Pairing
an excuse for not voting
Rule 182 Whenever any member moves that a Committee Conference on disagreeing votes of the two Houses naming theence number of members be appointed if said motion prevails the Speaker shall appoint a committee on the part of the House and in such case the committee shall consist only of such members as voted in the majority on the position assumed by the House and if by inadvertence any member be nominated on said committee who was
96
not in said majority vote he shall notify the House and he excused by the Speaker
mentsf Rule 183 After commitment of a bill and report thereof to the House it may be amended before the report of the committee is agreed to by the House but the amendments if any reported by the committee shall be disposed of before any other amendment be considered unless it be an amendment to a committee amendment Motion Rule 184 No motion on a subject different from that under consideration shall be admitted under color of amendment If a motion be made to strike out part of a bill or resolution a motion to amend the part proposed to be stricken out shall be first in order anTminor Eule 185 A11 rePorts of a committee shall be in writing and the ity reports minority of a committee may make a report in writing setting forth succinctly the reasons for their dissent
Xfiteon Rule 186 Every motion to alter the rules of the House or for table information from the Executive or departments shall lie on the table one day
Changing Eule 187 On the call of the yeas and nays the Clerk shall read the names of the members after they have been called and no member shall be permitted to change his vote unless he at that time declares that he voted under a mistake of the question rfprUifege Rule 188 Questions of privilege shall be first those affecting the rights of the House collectively its safety dignity and the integrity of its proceedings second the rights reputation andconduct of members individually in their representative capacity only and shall have precedence of all other questions except a motion to adjourn Elections Rule 189 In all elections a majority of the members present shall be necessary to a choice
COMMITTEES
Eule 190 The Speaker shall appoint the following standing committees
General Committee on Judiciary for consideration of general bills Special Committee on Judiciarv for consideration of special or local bills
Committee on Finance
Committee on Corporations
Committee on Eailroads
Committee on Congressional Apportionment
Committee on State of the Eepublic
Committee on Internal Improvements
Committee on Privileges and Election
General Committee on Agriculture for consideration of general bills
Special Committee pn Agriculture for consideration of special and local bills
97
Committee on Enrollment
Committee on Journals
Committee on Manufactures
Committee on Military Affairs
Committee on Banks
Committee on Education
Committee on Deaf and Dumb Asylum
Committee on Blind Asylum
Committee on Lunatic Asylum
Committee on Penitentiary
Committee on Auditing
Committee on Counties and County Matters
Committee on Public Printing
Committee on Immigration
Committee on Hygiene and Sanitation
Committee on Temperance
Committee on Public Property
Committee on Public Library
Committee on Privileges of the Floor
Committee on Wild Lands
Committee on Mines and Mining
Committee on Roads and Bridges
Committee on Labor and Labor Statistics
Committee on Excuse of Members Absent without Leave Committee on the Hall and Committee Rooms
Committee on Rules of which the Speaker shall be ex officio Chairman
ORDER OF BUSINESS
Rule 191 The following shall be the order of business
1 Prayer by the Chaplain
2 Call of the Roll
3 Reading the Journal
4 Confirmation of the Journal
5 Motions to reconsider
6 Reports of standing committees
7 Unfinished business of previous session
8 Orders of the day
9 On Mondays Wednesdays and Fridays call of the counties for the introduction of new matter
10 House bills for third reading and House bills with Senate amendments
11 House bills for second reading
12 House resolutions
13 On Mondays and Fridays immediately after the call of the counties Senate bills for first and second reading shall be in order
Changing
rules
Questions not provided for
98
14 On Wednesdays immediately after the call of the counties all petitions and reports of committees on petitions shall be in order
15 Bills of Senate for third reading
16 Senate resolutions
17 The reports of the Committee on Enrollment may be made at any time
Rule 192 No change of or addition to these rules shall be made unless such proposed change or addition be first referred to the Committee on Rules and reported back to the House
Rule 193 When any question arises which is not provided for in the foregoing Rules the same shall be controlled by the rules usually governing parliamentary bodies
CONSTITUTION
OF THE
STATE OF GEORGIA
BILL OF RIGHTS
PREAMBLE
To perpetuate the principles of free government insure justice to all preserve peace promote the interest and happiness of the citizen and transmit to posterity the enjoyment of liberty we the people of Georgia relying upon the protection and guidance of Almighty God do ordain and establish this Constitution
AKTICLE Jj Section I
Paragraph I All government of right originates with the people is founded upon their will only and is instituted solely for the good of the whole Public officers are the trustees and servants of the people and at all times amenable to them
Par II Protection to person and property is the paramount duty of government and shall be impartial and complete
Par III No person shall be deprived of life liberty or property except by due process of law
Par IV No person shall be deprived of the right to prosecute or defend his own cause in any of the Courts of this State in person by attorney or both
Par Y Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel shall be furnished on demand with a copy of the accusation and a list of the witnesses on whose testimony the charge against him is founded shall have compulsory process to obtain the testimony of his own witnesses shall be confronted with the witnesses testifying against him and shall have a public and speedy trial by an impartial jury
Par VI No person shall be compelled to give testimony tending in any way to criminate himself
Par VII Neither banishment beyond the limits of the State nor whipping as a punishment for crime shall be allowed
Par VIII No person shall be put in jeopardy of life or liberty more than once for the same offence save on his or her own motion for a new trial after conviction or in case of mistrial
Par IX Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted nor shall any person be abused in being arrested while under arrest or in prison
Par X No person shall be compelled to pay costs except after conviction on final trial
Par XI The writ of habeas corpus shall not be suspended
2
Par XII All men have the natural and inalienable right to worship Gocl each according to the dictates of his own conscience and no human authority should in any case control or interfere with such right of conscience
Par XIII No inhabitant of this State shall be molested in person or property or prohibited from holding any public office or trust on account of his religious opinions but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the State
Par XIV No money shall ever be taken from the public treasury directly or indirectly in aid of any church sect or denomination of religionists or of any Sectarian institution
Par XV No law shall ever be passed to curtail or restrain the liberty of speech or of the press any person may speak write and publish his sentiments on all subjects being responsible for the abuse of that liberty
Par XVI The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the person or things to be seized
Par XVII There shall be within the State of Georgia neither slavery nor involuntary servitude save as a punishment for crime after legal conviction thereof
Par XVIII The social status of the citizen shall never be the subject of legislation
Par XIX The civil authority shall be superior to the military and no soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war except by the civil magistrate in such manner as may be provided by law
Par XX The power of the Courts to punish for contempts shall be limited by legislative acts
Par XXI There shall be no imprisonment for debt
Par XXII The right of the people to keep and bear arms shall not be infringed but the General Assembly shall have power to prescribe the manner in which arms may be borne
Par XXIII The legislative judicial and executive powers shall forever remain separate and distinct and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided
Par XXIV The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance
Par XXV All citizens of the United States resident in this State are hereby declared citizens of this State and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights privileges and immunities due to such citizenship
Section II
Paragraph I In all prosecutions or indictments for libel the truth may be given in evidence and the jury in all criminal cases shall be the judges of the law and the facts The power of the Judges to grant new trials in case of conviction is preseved
Par II Treason against the State of Georgia shall consist in levy
3
ing war against her adhering to her enemies giving them aid and comfort No person shall he convicted of treason except on the testimony of two witnesses to the same overt act or confession in open Court
Par III No conviction shall work corruption of blood or forfeiture of estate
Par IV All lotteries and the sale of lottery tickets are hereby prohibited and this prohibition shall he enforced by penal laws
Par Y Lobbying is declared to be a crime and the General Assembly shall enforce this provision by suitable penalties
Par VI The General Assembly shall have the power to provide for the punishment of fraud and shall provide by law for reaching property of the debtor concealed from the creditor
Section III
Paragraph I In cases of necessity private ways may he granted upon just compensation being first paid by the applicant Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid
Par II No bill of attainder ex post facto law retroactive law or law impairing the obligation of contracts or making irrevocable grants of special privileges or immunities shall be passed
Par III No grant of special privileges or immunities shall he revoked except in such manner as to work no injustice to the corporators or creditors of the incorporation
Section IV
Paragraph I Laws of a general nature shall have uniform operation throughout the State and no special law shall he enacted in any case for which provision has been made by an existing general law No general law affecting private rights shall be varied in any particular case by special legislation except with the free consent in writing of all persons affected thereby and no person under legal disability to contract is capable of such consent
Par II Legislative Acts in violation of this Constitution or the Constitution of the United States are void and the Judiciary shall so declare them
Section V
Paragraph I The people of this State have the inherent sole and exclusive right of regulating their internal government and the police thereof and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness
Par II The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed
ARTICLE II
ELECTIVE franchise
Section I
Paragraph I In all elections by the people the electors shall vote by ballot
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Par II Every male citizen of the United States except as hereinafter provided twentyone years of age who shall have resided in this State one year next preceding the election and shall have resided six months in the county in which he offers to vote and shall have paid all taxes which may hereafter be required of him and which he may have had an opportunity of paying agreeable to law except for the year of the election shall be deemed an elector Provided that no soldier sailor or marine in the military or naval service of theUnited States shall acquire the rights of an elector by reason of being stationed on duty in this State and no person shall vote who if challenged shall refuse to take the following oath or affirmation I do swear or affirm that I am twrentyone years of age have resided in this State one year and in this county six months next preceding this election I have paid all taxes which since the adoption of the present Constitution of this State have been required of me previous to thisyear and which I have had an opportunity to pay and I have not voted at this election
Section II
Paragraph I The General Assembly may provide from time to time for the registration of all electors but the following classes of persons shall not be permitted to register vote or hold any office or appointment of honor or trust in this State towit 1st Those who shall have been convicted in any Court of competent jurisdiction of treason against the State of embezzlement of public funds malefeasance in office bribery or larceny or of any crime involving moral turpitude punishable by the laws of this State with imprisonment in the penitentiary unless such person shall have been pardoned 2d Idiots and insane persons
Section III
Paragraph I Electors shall in all cases except for treason felony larceny and breach of the peace be privileged from arrest during their attendance on elections and in going to and returning from the same
Section IV
Paragraph I No person Who is the holder of any public money contrary to law shall be eligible to any office in this State until the same is accounted for and paid into the treasury
Par II No person who after the adoption of this Constitution being a resident of this State shall have been convicted of fighting a duel in this State or convicted of sending or accepting a challenge or convicted of aiding or abetting such duel shall hold office in this State unless he shall have been pardoned and every such person shall also be subject to such punishment as may be prescribed by law
Section V
Paragraph I The General Assembly shall by law forbid the sale distribution or furnishing of intoxicating drinks within two miles of election precincts on days of electionState county or municipaland prescribe punishment for any violation of the same
Section VI
Paragraph I Returns of elections for all civil officers elected by the people who are to be commissioned by the Governor and also for tbe members of the General Assembly shall be made to the beeretary of State unless otherwise provided by law
ARTICLE III
LEGISTATIVE DEPARTMENT
Section I
Paragraph I The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives
Section II
Paragraph I The Senate shall consist of fortyfour members There shall be fortyfour Senatorial districts as now arranged by counties Each district shall have one Senator
The First Senatorial District shall be composed of the counties ot Chatham Bryan and Effingham 1
The Second Senatorial District shall be composed of the counties ot Liberty Tattnall and McIntosh
The Third Senatorial District shall be composed of the counties ot Wayne Pierce and Appling
The Fourth Senatorial District shall be composed of the counties ot Glvnn Camden and Charlton
the Fifth Senatorial District shall be composed of the counties ot Coffee Ware and Clinch 1
The Sixth Senatorial District shall be composed of the counties ot Echols Lowndes and Berrien
The Seventh Senatorial District shall be composed of the counties of Brooks Thomas and Colquitt E
The Eighth Senatorial District shall be composed of the counties ot
Decatur Mitchell and Miller
The Ninth Senatorial District shall be composed of the counties ot Early Calhoun and Baker
The Tenth Senatorial District shall be composed oi the counties ot
Dougherty Lee and Worth
The Eleventh Senatorial District shall be composed of the counties of Clay Randolph and Terrell iflBL p
The Twelfth Senatorial District shall be composed of the counties of Stewart Webster and Quitman
The Thirteenth Senatorial District shall be composed of the counties of Sumter Schley and Macon
The Fourteenth Senatorial District shall be composed of the counties of Dooly Wilcox Pulaski and Dodge
The Fifteenth Senatorial District shall be composed of the counties of Montgomery Telfair and Irwin
The Sixteenth Senatorial District shall be composed of the counties of Laurens Emanuel and Johnson n A
The Seventeenth Senatorial District shall be composed of the counties of Screven Bulloch and Burke
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tip nf ferial District shall be composed of the coun
cil Richmond Glascock and Jefferson
tics nf TlitrntlVenat0rialixistrict 8ha11 be composed of the counDos ot laliaferro Greene and Warren
tip pf Twentieth Senatorial District shall be composed of the countie f aldwm Hancock and Washington
tip 3 enatorial District shall be composed of the conn
tie ci Twiggs Wilkinson and Jones
coinpttOTnd enatorial District shall be composed of the counties of Bibb Monroe and Pike
tip Twentythird Senatorial District shall be composed of the counties of Houston Crawford and Taylor
pnnptipTpfeSiyf0Urth itenatorial District shall be composed of the counties of Muscogee Marion and Chattahoochee
tip pf ffi Mt Senatorial District shall be composed of the counties of Harris Upson and Talbot
PnnfipWiQtyTth enatorial District shall be composed of the counties of Spalding Butts and Fayette
pmfip f nxTySVenfe Senatorial District shall be composed of the of ewton Walton Clarke Oconee and Rockdale
PpfiiWnTtyeghih Senatorial District shall be composed of the ecnnties of Jasper Putnam and Morgan
pnnSfipTpfwui111111 Senatorial District shall he composed of the countiesof Wilkes Columbia Lincoln and McDuffie
of nlpirtletheiiatorial District shall be composed of the counties oi Dglethorpe Madison and Elbert
Mriyfirst Senatorial District shall be composed of the counties of Hart Habersham and Franklin
Jte0nd Senatorial District shall be composed of the counties of White Dawson and Lumpkin
The Thirtythird Senatorial District shall be composed of the counties ot Hall Banks and Jackson
The Thirtyfourth Senatorial District shall be composed of the counties of Gwinnett DeKalb and Henry
Thirtyfifth Sensorial District shall be composed of the counties of Clayton Cobb and Fulton
Thirty sixth Senatorial District shall be composed of the counne Campbell Coweta Meriwether and Douglas
The Thirtyseventh Senatorial District shall be composed of the counties of Carroll Heard and Troupe
The Thirtyeighth Senatorial District shall be composed of the counties of Haralson Polk and Paulding
e Thirtyninth Senatorial District shall be composed of the counties of Milton Cherokee and Forsyth
Tbe Fortieth Senatorial District shall be composed of the counties of Union Towns and Rabun
The Fortyfirst Senatorial District shall be composed of the counties ot Pickens i annin and Gilmer
The Fortysecond Senatorial District shall be composed of the counties of Bartow Floyd and Chattooga
The Fortythird Senatorial District shall be composed of the counties of Murray Gordon and Whitfield
The Fortyfourth Senatorial District shall be composed of the counties of Walker Dade and Catoosa
Par III The General Assembly may change these districts after each census of the United States Provided that neither the number of districts nor the number of Senators from each district shall be ncreased
Section III
Paragraph I The House of Representatives shall consist of one hundred and seventyfive Representatives apportioned among the several counties as follows towit To the six counties having the largest population viz Chatham Richmond Burke Houston Bibb and Fulton three Representatives each to the twentysix counties having the next largest population viz Bartow poweta Decatur Floyd Greene Gwinnett Harris Jefferson Meriwether Monroe Muscogee Newton Stewart Sumter Thomas Troupe Washington Hancock Carroll Cobb Jackson Dougherty Oglethorpe Macon Talbot and Wilkes two Representatives each and to the remaining one hundred and five counties one Representative each
Par II The above apportionment shall be changed by the General Assembly at its first session after each census taken by the United States Government so as to give the six counties having the largest population three Representatives each and to the twentysix counties having the next largest population two Representatives each but in no event shall the aggregate number of Representatives be increased
Section IV
Paragraph I The members of the General Assembly shall be elected for two years and shall serve until their successors are 6l0Ct6d
Par II The first election for members of the General Assembly under this Constitution shall take place on the first Wednesday m December 1877 the second election for the same shall be held on the first Wednesday in October 1880 and subsequent elections biennially on that day until the day of election is changed by law
Par III The first meeting of the General Assembly after the ratification of this Constitution shall be on the first Wednesday in November 1878 and biennially thereafter on the same day until the day shall be changed by law But nothing herein contained shall be construed to prevent the Governor from calling an extra session of the General Assembly before the first Wednesday in November 1878 it in his opinion the public good shall require it
Par IV A majority of each House shall constitute a quorum to transact business but a smaller number may adjourn from day today and compel the presence of its absent members as each House may provide
Par V Each Senator and Representative before taking his seat shall take the following oath or affirmation towit I will support the Constitution of this State and of the United States and on all questions and measures which may come before me I will so conduct myself as will in my judgment be most conducive to the interests and prosperity of this State
Par VI No session of the General Assembly shall continue longer than forty days unless by a twothirds vote of the whole number of each House
Par VII No person holding a military commission or other appointment or office having any emolument or compensation annexed thereto under this State or the United States or either of them except Justices of the Peace and officers of the militia nor any defaulter for public money or for any legal taxes required of him shall have a seat in either House nor shall any Senator or Representative after his qualification as such be elected by the General
8
Assembly or appointed by the Governor either with or without the advice and consent of the Senate to any office or appointment haviemolument annexed thereto during the time for which he shall have been elected
Par VIII The seat of a member of either House shall be vacated on his removal from the district or county from wdiich he was elected
Section V
Paragraph I The Senators shall be citizens of the United States who have attained the age of twentyfive years and wdio shall have oeen citizens of this State for four years and for one year residents of the district from which elected
Par II The presiding officer of the Senate shall be styled the President of the Senate and shall be elected viva voce from the Senators
Par III The Senate shall have the sole power to trv impeachments
Par IV When sitting for that purpose the members shall be on oath or affirmation and shall be presided over by the Chief Justice or the presiding Justice of the Supreme Court Should the Chief Justice be disqualified the Senate shall select the Judge of the Supreme Court to preside No person shall be convicted without the concurrence of twothirds of the members present
Par V Judgments in case of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor trust or profit within this State but the party convicted shall nevertheless be liable and subject to indictment trial judgment and punishment according to law
Section VI
Paragraph I The Representatives shall be citizens of the United States who have attained the age of twentyone years and who shall have been citizens of this State for two years and for one year residents of the counties from which elected
Presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected viva voce from thebodv
Par III The House of Representatives shall have the sole power to impeach all persons who shall have been or may be in office
Section VII
Paragraph I Each House shall be the j udge of the election returns and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure fine imprisonment or expulsion but no member shall be expelled except by a vote of twothirds of the House to which he belongs
Par II Each House may punish by imprisonment not extending beyond the session any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either House
Par III The members of both Houses shall be free from arrest during their attendance on the General Assembly and in going thereto or returning therefrom except for treason felony larceny or breach of the peace and no member shall be liable to answer in anv other place for anything spoken in debate in either House
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Par IY Each House shall keep a journal of its proceedings and publish it immediately after its adjournment
Par V The original journal shall be preserved after publication in the office of Secretary of State but there shall be no other record thereof
Par VI The yeas and nays on any question shall at the desire of onefifth of the members present be entered on the journal
Par VII Every bill before it shall pass shall be read three times and on thjee separate days in each House unless in case of actual invasion or insurrection
Par VIII No law or ordinance shall pass which refers to more than one subjectmatter or contains matter different from what is expressed in the title thereof
Par IX The general appropriation bill shall embrace nothing except appropriations fixed by previous laws the ordinary expenses of the Executive Legislative and Judicial Departments of the Government payment of the public debt and interest thereon and the support of the public institutions and educational interests of the State All other appropriations shall be made by separate bills each embracing but one subject
Par X All bills for raising revenue or appropriating money shall originate in the House of Representatives but the Senate may propose or concur in amendments as in other bills
Par XI No money shall be drawn from the treasury except by appropriation made by law and a regular statement and account of the receipt and expenditure of all public money shall be published every three months and also with the laws passed by each session of the General Assembly
Par XII No bill or resolution appropriating money shall become a law unless upon its passage the yeas and nays in each House are recorded
Par XIII All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives and no bill ordinance or resolution intended to have the effect of a law which shall have been rejected by either House shall be again proposed during the same session under the same or any other title without the consent of twothirds of the House by which the same was rejected
Par XIV No bill shall become a law unless it shall receive a majority of th votes of ah the members elected to each House of the General Assembly and it shall in every instance so appear on the journal
Par XV All special or local bills shall originate in the House of Representatives The Speaker of the House of Representatives shall within five days from the organization of the General Assembly appoint a committee consisting of one from each Congressional District whose duty it shall be to consider and consolidate all special and local bills on the same subject and report the same to the House and no special or local bill shall be read or considered by the House until the same has been reported by said committee unless by a twothirds vote And no billshall be considered or reported to the House by said committee unless the same shall have been laid before it within fifteen days after the organization of the General Assembly except by a twothirds vote
Par XVI No local or special bill shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated which notice shall be given at least thirty days prior to the intro
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duction of such bill into the General Assembly and in the manner to be prescribed by law The evidence of such notice having been published shall be exhibited in the General Assembly before such Act shall be passed
Par XVII No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made s
Par XVIII The General Assembly shall have no power to grant corporate powers and privileges to private companies except banking insurance railroad canal navigation express and telegraph companies nor to make or change election precincts nor to establish bridges or ferries nor to change names of legitimate children but it shall prescribe by law the manner in which such powers shall be exercised by the Courts
Par XIX The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances from the payment thereof either before or after judgment thereon unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officer
Par XX The General Assembly shall not authorize the construction of any street passenger railway within the limits of any incorporated town or city without the consent of the corporate authorities
Par XXI Whenever the Constitution requires a vote of twothirds of either or both Houses for the passage of an Act or resolution the yeas and nays on the passage thereof shall be entered on the journal
Par XXII The General Assembly shall have power to make all laws and ordinances consistent with this Constitution and not repugnant to the Constitution of the United States which they shall deem necessary and proper for the welfare of the State
Par XXIII No provision in this Constitution for a twothirds vote of both Houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case except in the case of the twothirds vote required to override the veto and in case of prolongation of a session of the General Assembly
Par XXIV Neither House shall adjourn for more than three days or to any other place without the consent of the other and in case of a disagreement between the two Houses on a question of adjournment the Governor may adjourn either or both of them
Section VIII
Paragraph I The officers of the two Houses other than the President and Speaker shall be a Secretary of the Senate and Clerk of the House of Representatives and such assistants as they may appoint but the clerical expenses of the Senate shall not exceed sixty dollars per day for each session nor those of the House of Representatives seventy dollars per day for eash session The Secretary of the Senate and Clerk of the House of Representatives shall be required to give bond and security for the faithful discharge of their respective duties
Section IX
Paragraph I The per diem of members of the General Assembly shall not exceed four dollars and mileage shall not exceed ten cents for
11
each mile traveled by the nearest practicable route in going to and returning from the Capital but the President of the Senate and the Speaker of the House of Representatives shall each recei ve not exceeding seven dollars per day
Section X
Paragraph I All elections by the General Assembly shall be viva voce and the vote shall appear on the journal of the House of Representatives When the Senate and House of Representatives unite for the purpose of elections they shall meet in the Representative Hall and the President of the Senate shall in such cases preside and declare the result
Section XI
Paragraph I All property of the wife at the time of her marriage and all property given to inherited or acquired by her shall remain her separate property and not be liable for the debts of her husband
Section XII
Paragraph I All life insurance companies now doing business in this State or which may desire to establish agencies and do business in the State of Georgia chartered by other States of the Union or foreign States shall show that they have deposited with the ComptrollerGeneral of the State in which they are chartered or of this State the Insurance Commissioners or such other officer as may be authorized to receive it not less than one hundred thousand dollars in such securities as may be deemed by such officer equivalent to cash subject to his order as a guarantee fund for the security of policyholders
Par II When such showing is made to the ComptrollerGeneral of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited the ComptrollerGeneral of the State of Georgia is authorized to issue to the company making such showing a license to do business in the State upon paying the fees required by law
Par III All life insuranae companies chartered by the State of Georgia or which may hereafter be chartered by the State shall before doing business deposit with the ComptrollerGeneral of the State of Georgia or with some strong corporation which may be approved by said ComptrollerGeneral one hundred thousand dollars in such securities as may be deemed by him equivalent to cash to be subject to his order as a guarantee fund for the security of the policyholders of the company making such deposit all interests and dividends arising from such securities to be paid when due to the company so depositing Any such securities as may be needed or desired by the company may be taken from said Department at any time by replacing them with other securities equally acceptable to the ComptrollerGeneral whose certificate for the same shall be furnished to the company
Par IY The General Assembly shall from time to time enact laws to compel all fire insurance companies doing business in this State whether chartered by this State or otherwise to deposit reasonable securities with the Treasurer of this State to secure the people against loss by the operations of said companies
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Par Y The General Assemby shall compel all insurance companies in this State or doing business therein under proper penalties to make semiannual reports to the Governor and print the same at their own expense for the information and protection of the people
ARTICLE IV
POWER OF THE GENERAL ASSEMBLY OVER TAXATION
Section I
Paragraph I The right of taxation is a sovereign right inalienable indestructible is the life of the State and rightfully belongs to the people in all Republican governments and neither the General Assembly nor any nor all other departments of the Government established by this Constitution shall ever have the authority to irrevocably give grant limit or restrain this right and all laws grants contracts and all other acts whatsoever by said Government or any department thereof to effect any of these purposes shall be and are hereby declared to be null and void for every purpose whatsoever and said right of taxation shall always be under the complete control of and revocable by the State notwithstanding any gift grant or contract whatsoever by the General Assembly
Section II
Paragraph I The power and authority of regulating railroad freights and passenger tariffs preventing unjust discriminations and requiring reasonable and just rates of freight and passenger tariffs are hereby conferred upon the General Assembly whose duty it shall be to pass laws from time to time to regulate freight and passenger tariffs to prohibit unjust discriminations on the various railroads of this State and to prohibit said roads from charging other than just and reasonable rates and enforce the same by adequate penalties
Par II The exercise of the right of eminent domain shall never be abridged nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies and subjecting them to public use the same as property of individuals and the exercise of the police power of the State shall never be abridged nor so construed as to permit corporations to conduct their business in such a manner as to infringe the equal rights of individuals or the general wellbeing of the State
Par III The General Assembly shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same nor pass any other general or special law for the benefit of said corporation except upon the condition that said corporation shall thereafter hold its charter subject to the provisions of this Constitution and every amendment of any charter of any corporation in this State or any special law for its benefit accepted thereby shall operate as a novation of said charter and shall bring the same under the provisions of this Constitution Provided that this section shall not extend to any amendment for the purpose of allowing any existing road to take stock in or aid in the building of any branch road
Par IV The General Assembly of thisState shall have no power
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to authorize any corporation to buy shares or stock in any other corporation in this State or elsewhere or to make any contract or agreement whatever with any such corporation which may have the effect or be intended to have the effect to defeat or lessen competition in their respective businesses or to encouragemonopoly and all such contracts and agreements shall be illegal and void
Par V No railroad company shall give or pay any rebate or bonus in the nature thereof directly or indirectly or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage and any such payments shall be illegal and void and these prohibitions shall be enforced by suitable penalties
Par VI No provision of this article shall be deemed held or taken to impair the obligation of any contract heretofore made by the State of Georgia
Par VII The General Assembly shall enforce the provisions of this article by appropriate legislation
ARTICLE V
EXECUTIVE DEPARTMENT
Section I
Paragraph I The officers of the Executive Department shall consist of a Governor Secretary of State ComptrollerGeneral and Treasurer
Par II The Executive power shall he vested in a Governor who shall hold his office during the term of two years and until his successor shall be chosen and qualified He shall not be eligible to reelection after the expiration of a second term for the period of four years He shall have a salary of three thousand dollars per annum until otherwise provided by a law passed by a twothirds vote of both branches of the General Assembly which shall not be increased or diminished during the period for which he shall have been elected nor shall he receive within that time any other emolument from the United States or either of them or from any foreign power But this reduction of salary shall not apply to the present term of the present Governor
Par III The first election for Governor under this Constitution shall be held on the first Wednesday in October 1880 and the Governorelect shall be installed in office at the next session of the General Assembly An election shall take place biennially thereafter on said day until another date be fixed by the General Assembly Said election shall be held at the places of holding general elections in the several counties of this State in the manner prescribed for the election of members of the General Assembly and the electors shall be the same
Par IV The returns for every election of Governor shall be sealed up by the managers separately from other returns and directed to the President of the Senate and Speaker of the House of Representatives and transmitted to the Secretary of State who shall without opening said returns cause the same to be laid before the Senate on the day after the two Houses shall have been organized and they shall be transmitted by the Senate to the House of Representatives
Par V The members of each branch of the General Assembly shall
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convene in the Representative Hall and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State but if no person shall have such majority then from the two persons having the highest number of votes who shall be in life and shall not decline an election at the time appointed by the General Assembly to elect the General Assembly shall immediately elect a Governor viva voce and in all cases of election of a Governor by the General Assembly a majority of the members present shall be necessary to a choice
Par VI Contested elections shall be determined by both Houses of the General Assembly in such manner as shall be prescribed by law
Par VII No person shall be eligible to the office of Governor who shall not have been a citizen of the United States fifteen years and a citizen of the State sis years and who shall not have attained the age of thirty years
Par VIII In case of the death resignation 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 successor is elected and qualified And in case of the death resignation or disability of the President of the Senate the Speaker of the House of Representatives shall exercise the Executive powers of the government until the removal of the disability or the election and qualification of a Governor
Par IX The General Assembly shall have power to provide by law for filling unexpired terms by special elections
Par X 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 protect and defend the Constitution thereof and the Constitution of the United States of America
Par XI The Governor shall he CommanderinChief of the army and navy of this State and of the militia thereof
Par XII He shall have power to grant reprieves and pardons to commute penalties remove disabilities imposed by law and to remit any part of a sentence for offences against the State after conviction except in cases of treason and impeachment subject to such regulations as may be provided by law relative to the manner of applying for pardons Upon conviction for treason he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof when the General Assembly shall either pardon commute the sentence direct its execution or grant a further reprieve He shall at each session of the General Assembly communicate to that body each case of reprieve pardon or commutation granted stating the name of the convict the offense for which he was convicted the sentence and its date the date of the reprieve pardon or commutation and the reasons for granting the same He shall take care that the laws are faithfully executed and shall be a conservator of the peace throughouthe State
Par XIII He shall issue writs of election to fill all vacancies that may happen in the Senate or 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
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such measures as he may deem necessary or expedient He shall have power to convoke the General Assembly on extraordinary occasions but no law shall he enacted at call sessions of the General Assembly except such as shall relate to the object stated in his proclamation convening them
Par XIY When any office shall become vacant by death resignation or otherwise the Governor shall have power to fill such vacancy unless otherwise provided by law and persons so appointed shall continue in office until a successor is commissioned agreeably to the mode pointed out in the Constitution or by law in pursuance thereof
Par XV A person once rejected by the Senate shall not be reappointed by the Governor to the same office during the same session or the recess thereafter
Par XYI The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws but twothirds of each House may pass a law notwithstanding his dissent and if anv bill shall not be returned by the Governor within fivedays Sunday excepted after it has been presented to hitn the same shall be a law unless the General Assembly by their adjournment shall prevent its return He may approve any appropriation and disapprove any other appropriation in the same bill and the latter shall not be effectual unless passed by twothirds of each House
Par XVII Every vote resolution or order to which the concurrence of both Houses may be necessary except on a question of election or adjournment shall be presented to the Governor and before it shall take effect be approved by him or being disapproved shall he repassed by twothirds of each House
Par XVIII He may require information in writing from the officers in the Excutive Department on any subject relating to the duties of their respective offices It shall be the duty of the Governor quarterly and oftener if he deems it expedient to examine under oath the Treasurer and ComptrollerGeneral of the State on all matters pertaining to their respective offices and to inspect and review their books and accounts The General Assembly shall have authority to provide by law for the suspension of either of said officers from the discharge of the duties of his office and also for the appointment of a suitable person to discharge the duties of the same
Par XIX The Governor shall have power to appoint his own Secretaries not exceeding two in number and to provide such other clerical force as may be required in his office but the total cost for Secretaries and clerical force in his office shall not exceed six thousand dollars per annum
Section II
Paragraph I The Secretary of State ComptrollerGeneral and Treasurer shall be elected by the persons qualified to vote for members of the General Assembly at the same time and in the same manner as the Governor The provision of the Constituti on as to the transmission of the returns of election counting the votes declaring the result deciding when there is no election and when there is a contested election applicable to the election of Governor shall apply to the election of Secretary of State ComptrollerGeneral and Treasurer they shall be commissioned by the Governor and hold their office for the same time as the Governor
ar II The salary of the Treasurer shall not exceed two thousand dollars per annum The clerical expenses ofhis department shall not exceed sixteen hundred dollars per annum
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Par III The salary of the Secretary of State shall not exceed two thousand dollars per annum and the clerical expenses of his department shall not exceed one thousand dollars per annum
Par IV The salary of the ComptrollerGeneral shall not exceed two thousand dollars per annum The clerical expenses of his department including the Insurance Department and Wild Land Clerk shall not exceed four thousand dollars per annum and without said clerk it shall not exceed three thousand dollars per annum
Par V The Treasurer shall not he allowed directly or indirectly to receive any fee interest or reward from any person hank or corporation for the deposit or use in any manner of the public funds and the General Assembly shall enforce this provision by suitable penalties
Par VI No person shall be eligible to the office of Secretary of State ComptrollerGeneral or Treasurer 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 twentyfive 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
Par VII The Secretary of State the ComptrollerGeneral and the Treasurer shall not be allowed any fee perquisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of government on business for the Stge
Section III
Paragraph I The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly and that now in use shall be the Great Spal of thp State until otherwise provided by law
ARTICLE VI
JUDICIARY
Section I
Paragraph I The judicial powers of this State shall be vested in a Supreme Court Superior Courts Courts of Ordinary Justice of the Peace commissioned Notaries Public and other Courts as have been or may be established by law
Section II
Paragraph I The Supreme Court shall consist of a Chief Justice and two Associate Justices A majority of the Court shall constitute a quorum
Par II When one or more of the Judges are disqualified from deciding any case by interest or otherwise the Governor shall designate a Judge or Judges of the Superior Courts to preside in said case
Par III No Judge of any Court shall preside in any case wherethe validity of any bondFederal State corporation or munici
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palis involved who holds in his own fight or as the representative of others any material interest in the class of bonds upon which the question to be decided arises
Par IV The Chief Justice and Associate Justices shall hold their offices for six years and until their successors are qualified A successor to the incumbent whose term will soonest expire shall be elected by the General Assembly in 1880 a successor to the incumbent whose term of office is next in duration shall be elected by the General Assembly in 1882 and a successor to the third incumbent shall be elected by the General Assembly in 1884 but appointments to fill vacancies shall only be for the unexpired term or until such vacancies are filled by elections agreeably to the mode pointed out by this Constitution
Par V The Supreme Court shall have no original jurisdiction but shall be a Court alone for the trial and correction of errors from the Superior Courts and from the City Courts of Atlanta andSavannah and such other like Court as may be hereafter established in other cities and shall sit at the seat of government at such times in ekch year as shall be prescribed by law for the trialand determination of writs of error irom said Superior and City Courts
Par YI The Supreme Court shah dispose of every case at the first or second term after such writ of error is brought and incase the plaintiff in error shall not be prepared at the first term to prosecute the caseunless prevented by providential causeit shall be stricken from the docket and the judgment below shall stand affirmed
Par VII In any case the Court may in its discretion withhold its judgment until the next term after the same js argued
Section III
Paragraph I There shall he a Judge of the Superior Court for each Judicial Circuit whose term of office shall be four years and until his successor is qualified He may act in other circuits when authorized by law
Par II The succesors to the present incumbents shall be elected by the General Assembly as follows To the half as near as may be whose commissions are the oldest in the year 1878 and to the others in the year 1880 All subsequent elections shall be at the session of the General Assembly next preceding the expiration of the terms of incumbents except elections to fill vacancies The day of election may be fixed by the General Assembly
Par III The terms of the Judges to be elected under the Constitution except to fill vacancies shall begin on the first day of January after their elections But if the time for the meeting of the General Assembly shall be changed the General Assembly may change the time when the terms of Judges thereafter elected shall begin
Section IV
Paragraph I The Superior Courts shall have exclusive jurisdiction in cases of divorce in criminal cases where the offender is subjected to loss of life or confinement in the penitentiary in cases respecting titles to land and equity cases
Par II The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by Courts of Equity in this State
Par III Said Courts shall have jurisdiction in all civil cases except as hereinafter provided
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Par IV They shall have appellate jurisdiction in all such cases as may be provided by law
Par V They shall have power to correct errors in inferior judicatories by writ of ceriiorani which shall only issue on the sanction of the Judge and said Courts and the Judges thereof shall have power to issue writs of mandamus prohibition scire facias and all other writs that may be necessary for carrying their powers fully into effect and shall have such other powers as are or may be conferred on them by law
Par VI The General Assembly may provide for an appeal from one jury in the Superior Courts and City to another and the said Court may grant new trials on legal grounds
Par VII The Court shall render judgment without the verdict of u jury in all civil cases founded on unconditional contracts in writing where an issuable defense is not filed under oath or affirmation
Par VIII The Superior Courts shall sit in each county not less than twice in each year at such times as have been or may be appointed by law
Par IX The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding Judge is from any cause disqualified
Section V
Paragraph I In any county within which there is or hereafter may be a City Court the Judge of said Court and of the Superior Court may preside in the Courts of each other in cases where the Judge of cither Court is disqualified to preside
Section VI
Paragraph I The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county from whose decision there may be an appeal or by consent of parties without a decision to the Superior Court under regulations prescribed by law
Par II The Courts of Ordinary shah have such powers in relation to roads bridges ferries public buildings paupers county officers county funds county taxes and other county matters as may be conferred on them by law
Par III The Ordinary shall hold his office for the term ot four years and until his successor is elected and qualified
Section VII
Paragraph I There shall be in each militia district one Justice of the Peace whose official term except when elected to fill an unexpired term shall be four years
Par II Justices of the Peace shall have jurisdiction m ail civil cases arising ex contractu and in cases of injury or damage to personal property when the principal sum does not exceed one hundred dollars and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court or an appe d to the Superior Court under such regulations as may be prescribed by law
Par III Justices of the Peace shall be elected by the legal voters in their respective districts and shall be commissioned by the Governor They shall be removable on conviction for malpractice in office
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Section VIII
Paragraph I Commissioned Notaries Public not to exceed one for each militia district may be appointed by the Judges of the Superior Courts in their respective circuits upon recommendation of the grand juries of the several counties They shall be commissioned by the Governor for the term of four years and shall be ex officio Justices of the Peace and shall be removable on conviction for malpractice in office
Section IX
Paragraph I The jurisdiction powers proceedings and practice of all Courts or officers invested with judicial powers except City Courts of the same grade or class so far as regulated by law and the force and effect of the process judgment and decree by such Courts severally shall be uniform This uniformity must be established by the General Assembly
Section X
Paragraph I There shall be an AttorneyGeneral of this State who shall be elected by the people at the same time for the same term and in the same manner as the Governor
Par II It shall be the duty of the AttorneyGeneral to act as the legal adviser of the Executive Department to represent the State in the Supreme Court in all capital felonies and in all civil and criminal cases in any Court when required by the Governor and to perform such other services as shall be required of him by law
Section XI
Paragraph I There shall be a SolicitorGeneral for each judicial circuit whose official term except when commissioned to fill an unexpired term shall be four years
Par II It shall be the duty of the SolicitorGeneral to represent the State in all cases in the Superior Courts of his circuit and in all cases taken up from his circuit to the Supreme Court and to perform such other services as shall be required of him by law
Section XII
Paragraph I The Judges of the Supreme and Superior Courts and SolicitorsGeneral shall be elected by the General Assembly in joint session on such day or days as shall be fixed by joint resolution of both Houses At the session of the General Assembly which is held next before the expiration of the terms of the presentincumbents as provided in this Constitution their successors shall be chosen and the same shall apply to the election of those who shall succeed them Vacancies occasioned by death resignation or other cause shall be filled by appointment of the Governor until the General Assembly shall convene when an election shall be held to fill the unexpired portion of the vacant terms
Section XIII
Paragraph I The Judges of the Supreme Court shall have out of the Treasury of the State salaries not to exceed three thousand dollars per annum the J udges of the Superior Courts shall have salaries not to exceed two thousand dollars per annum the AttorneyGeneral
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shall have a salary not to exceed two thousand dollars per annum p and the SolicitersGeneral shall each have salaries not to exceed two hundred and fifty dollars per annum but the AttorneyGeneral shall not have any fee or perquisite in any cases arising after the adoption1 of this Constitution but the provisions of this section shall not affect the salaries of those now in office
Par 1L The General Assembly may at any time by a twcthirdsr vote of each branch prescribe other and different salaries for any or all of the above officers but no such change shall affect the officersthen in commission
Section XIV
Paragraph I No person shall be Jdgeof the Supreme or Superior Courts or AttorneyGeneral unless at the time of his election he shall have attained the age of thirty years and shall have been a citizen of the State three years and have practiced law for seven years p and no person shall be hereafter elected SolicitorGeneralr unless at the time of his election he shall have attained twentyfive years of age shall have been a citizen of the State for three years and shall have practiced law for three years next preceding his election
Section XV
Paragraph I No total divorce shall be granted except n th concurrent verdicts of two juries at different terms of the Court
Piir II When a divorce is granted the jury rendering the final verdict shall determine the rights and disabilities of the parties
Section XVI
Paragraph I Divorce cases shall be brought in the county where the defendant resides if a resident of this State if the defendant be not a resident of this State then in the county in which the plaintiff resides
Par II Cases respecting titles to land shall be tried in the county where the land lies except where a single tract is divided by a county line in which case the Superior Court of either county shall have jurisdiction
Par III Equity cases shall be tried in thcounty where a defendant resides against whom substantial relief is prayed
Par IV Suits against joint obligors joint promisors copartners or joint trespassers residing in different counties may be tried in either county
Par V Suits against the maker and indorser of promissory notes or drawer acceptor and indorser of foreign or inland bills of exchange or like instruments residing in different counties shall bebrought in the county where the maker or acceptor resides
Par VI All other civil cases shall be tried in the county where the defendant resides and all criminal cases shall be tried in the county where the crime was committed except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county
Section XVIL
Paragraph I The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been or shall be provided by law
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S ACTION XVIII
Paragraph I The right of trial by j urv except where it Is otherwise provided in this Constitution shall remain inviolate but the General Assembly may prescribe any number not less than five to constitute a trial or traverse jury in Courts other than the Superior and City Courts
Par IL The General Assembly shall provide by law for the selection of the most experienced intelligent and upright men to serve as grand jurors and intelligent and upright men to serve as traverse jurors Nevertheless the grand jurors shall be competent to serve as traverse jurors
Par III It shall he the duty of the General ssembly by general laws to prescribe the manner of fixing compensation of jurors in all counties In this State
Section XIX
Paragraph I The General Assembly shall have power to provide for the creation of County Commissioners in such counties as may require them and to define their duties
Section XX
Paragraph g All Courts not specially mentioned by name in the first section of this article may be abolished in any county at the discretion of the General Assembly
Section XXL
Paragraph I The costs in the Supreme Court shall not exceed tern dollars unless otherwise provided by law Plaintiffs in error shall not be required to pay costs in said Court when the usual pamper oath is filed in the Court below
ARTICLE VII
FINANCE TAXATION AND PUBLIC DEBT
Section L
Paragraph I The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only
For the support of the State Government and the public institutions
For educational purposes in instructing children in the elementary branches of an English education only
To pay the interest on the public debt
To pay the principal of the public debt
To suppress insurrection to repel invasion and defend the State in time of war
To supply the soldiers who lost a limb or limbs in the military service of the Confederate States with substantial artificial limbs during life and to make suitable provisions for such Confederate Soldiers as may have otherwise been disabled or permanently injured in such service and for the widows of such Confederate Soldiers as may have died in the service of Confederate States or since from wounds received therein or disease contracted therein
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Section II
Paragraph T All taxation shall be uniform upon the same class of subjects and ad valorem on all property subject to be taxed within the territorial limits of the authority levying the tax and shall be levied and collected under general laws The General Assembly may however impose a tax upon such domestic animals as from their nature and habits are destructive of other property
Par IL The General Assembly may by law exempt from taxation all public property places of religious worship or burial all institutions of purely public charity all buildings erected for and used as a college incorporated academy or other seminary of learning the real and personal estate of any public library and that of any other literary association used by or connected with such library all books and philosophical apparatus and all paintings and statuary of any company or association kept in a public hall and not held as merchandise or for purposes of sale or gain ProridedT the property so exempted be not used for purposes of private or corporate profit or income
Par III No poll tax shall be levied except for educational purposes and such tax shall not exceed one dollar annually upon each poll
Par IV All laws exempting property from taxation other than the property herein enumerated shall be void
Par V The power to tax corporations and corporate property shall not be surrounded or suspended by any contract or grant to which the State shall be a party
Section III
Paragraph I No debt shall be contracted by or on behalf of the State except to supply casual deficiencies of revenue to repel invasion suppress insurrection and defend the State in time of war or to pay the existing prnblic debt but the debt created to supply deficiencies in revenue shall not exceed in the aggregate two hundred thousand dolars
Section IV
Paragraph I All laws authorizing the borrowing of money by or on behalf of the State shall specify the purposes for which the money is to be used and the money so obtained shall he used far the purpose specified and for no other
Section V
Paragraph I The credit of the State shall not be pledged or loaned to any individual conrpany corporation or association and the State shall not become a joint owner or stockholder in any company association or corporation
Section VI
Paragraph I The General Assembly shall not authorize any county municipal corporation or political division of this State to become 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 within their respective limits
Prodded that if any municipal corporation shall off et to theState4 any property for locating or building a capitol and theState accepts such offer the corporation may comply with such offer
Par II The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose except for educational purposes in instructing children in the lmentary branches of an English education only to build and repair th public buildings and bridges to maintain and support prisoners to pay jurors and coroners and for litigation quarantine roads and expenses of Courts to support paupers and pay debts heretofore existing
Section YII
Paragraph I The debt hereafter incurred by any county itthnic ipal corporation or political division of this State exceptas in this Constitution provided for shall never exceed seven per centum of the assessed value of all the taxable property therein and noSublu county municipality or division shall incur any new debt except for a temporary loan or loans to supply casual deficiencies of revenue not to exceed onefifth of one per centum of the assessed value of taxable property therein without the assent of twothirds of the qualified voters thereof at an election for that purpose to be held as may be prescribed by law but any city the debt of which does not exceed seven per centum of theassessed value of the taxable property at the time of the adoption of this Constitution may be authorized by law to increase at anytime the amount of said debt three per centpm upon such assessed valuation
Par II Any county municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution shall at or before the time of so doing provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within thirty years from the date of the incurring of saidindebtedness
Section VIII
Paragraph I The State shall not assume the debt nor aihy part thereof of any county municipal corporation or political division of the State unless such debt shall be contracted to enable the Stateto repel invasion suppress insurrection or defend itself in timeof war
SeMon IX
Paragraph I The receiving directly or indirectly by hiv officer of the State or county or member or officer of the General Assembly of any interests profits or perquisites arising from the use or loan of public funds in his hands or moneys to be raised through his agency loi State or county purposes shall be deemed a felony and punishable as may be prescribed by law a pa of which punishment shall be a disqualification from holding office
Section X
Paragraph I Municipal corporations shall not incur any debt until provision therefor shall have been made by the municipal government
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Section XI
Paragraph L The General Assembly shall have no authority to appropriate money either directly or indirectly to pay the whole or any part of the principal or interest of the bonds or other obligations which have been pronounced illegal null and void by the General Assembly and the constitutional amendments ratified by a vote of the people on the first day of May 1877 nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the late war between the States nor any of the bonds notes or obligations made and entered into during the existence of said war the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States nor shall the General Assembly pass any law or the Governor or other State official enter into any contract or agreement whereby the State shall be made a party to any suit in any Court of this State or of the United States instituted to test the validity of any such bonds or obligations
Section XII
Paragraph I The bonded debt of the State shall never be increased except to repel invasion suppress insurrection or defend the State in time of war
Section XIII
Paragraph I The proceeds of the sale of the Western and Atlantic Macon and Brunswick or other railroads held by the State and any other property owned by the State whenever the General Assembly may authorize the sale of the whole or any part thereof shall be applied to the payment of the bonded debt of the State and shall not be used for any other purpose whatever so long as the State has any existing bonded debt Provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged in preference to all other bonds
Section XIV
Paragraph I The General Assembly shall raiseby taxation each year in addition to the sum required to pay the public expenses and interest on the public debt the sum of one hundred thousand dollars which shall be held as a sinking fund to pay off and retire the bonds of the State which have not yet matured and shall be applied to no other purpose whatever If the bonds eannot at any time be purchased at or below par then the sinking fund herein provided for may be loaned by the Governor and Treasurer of the State Provided the security which shall be demanded for said loan shall consist only of the valid bonds of the State but this section shall not take effect until the eight per cent currency bonds issued under the Act of February the 19th 1873 shalhave been paid
Section XV
Paragraph I The ComptrollerGeneral and Treasurer shall each make to the Governor a quarterly report of the financial condition of the State which report shall include a st dement of the assets liabilities and income of the State and expenditures therefor for the three
25
months preceding and it shall be the duty of the Governor to carefully examine the same by himself or through competent persons connected with his department and cause an abstract thereof to be published for the information of the people which abstract shall be endorsed by him as having been examined
Section XVI
Paragraph I The General Assembly shall not by vote resolution or order grant any donation or gratuity in favor of any person corporation or association
Par II The General Assembly shall not grant or authorize extra compensation to any public officer agent or contractor after the service has been rendered or the contract entered into
Section XVII
Paragraph I The office of the State Printer shall cease with the expiration of the term of the present incumbent and the General Assemr bly shall provide by law for letting the public printing to thedowest responsible bidder or bidders who shall give adequate and satisfactory security for the faithful performance thereof No member of the General Assembly or other public officer shall be interested either directly or indirectly in any Such contract
ARTICLE VIII
EDUCATION
Section I
Paragraph I There shall be a thorough system of common schools for the education of children in the elementary branches of an English education only as nearly uniform as practicable the expenses of which shall be provided for by taxation or otherwise The schools shall be free to all children of the State but separate schools shall be provided for the white and colored races
Section II
Paragraph I There shall be a State School Commissioner appointed by the Governor and confirmed by the Senate whose term of office shall be two years and until his successor is appointed and qualified His office shall be at the seat of government and he shall be paid a salary not to exceed two thousand dollars per annum jj The General Assembly may substitute for the State School Commissioner such officer or officers as may be deemed necessary to perfect the system of public education
Section III
Paragraph I The poll tax any educational fund now belonging to the State except the endowment ofand debt due to the University of Georgia a special tax on shows and exhibitions and of the sale of spirituous and malt liquors which the General Assembly is hereby authorized to assess and the proceeds of any commutation tax for military service and all taxes that may be assessed on such domestic animals as from their nature and habits are destructive to other property are hereby set apart and devoted for the support of common schools
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Section IV
Paragraph I Authority may be granted to counties upon the recommendation of two grand juries and to municipal corporations upon the recommendation of the corporate authority to establish and maintain public schools in their respective limits by local taxation but no such local laws shall take effect until the same shall have been submitted to a vote of the qualified voters in each county or municipal corporation and approved by a twothirds vote of persons qualified to vote at such election and the General Assembly may prescribe who shall vote on such question
Section V
Paragraph I Existing local school systems shall not be affected by this Constitution Nothing contained in section first of this article shall be construed to deprive schools in this State not common schools from participation in the educational fund of the State as to all pupils therein taught in the elementary branches of an English education
Section VI
Paragraph I The Trustees of the University of Georgia may accept bequests donations and grants of land or other property for the use of said University In addition to the payment of the annual interest on the debt due by the State to the University the General Assembly may from time to time make such donations thereto as the condition of the treasury will authorize And the General Assembly may also from time to time make such appropriations of money as the condition of the treasury will authorize to any college or university not exceeding one in number now established or hereafter to be established in this State for the education of personsof color
ARTICLE IX
HOMESTEAD AND EXEMPTIONS
Section I
Paragraph I There shall be exempt from levy and sale by virtue of any process whatever under the laws of this State except as hereinafter excepted of the property of every head of a family or guardian or trustee of a family of minor children or every aged or infirm person or persons having the care and support of dependent females of any age who is not the head of a family realty or personalty or both to the value in the aggregate of sixteen hundred dollars
NoteThe above provision of the Constitution was spe iallv submitted to the people and ratified as a part thereof by them on December 5th 1887
Section II
Paragraph I No Court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment execution or decree1 against the property set apart for such purpose including such improvements as may be made thereon from time to time except for taxes for the purchase money of the same for labor
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done thereon for material furnished therefor or for the removal of incumbrances thereon
Section III
Paragraph I The debtor shall have power to waive or renounce in writing his right to the benefit of the exemption provided for in this article except as to wearing apparel and not exceeding three hundred dollars worth of household and kitchen furniture and provisions to be selected by himself and his wife if any and he shall not after it is set apart alienate or incumber the property so exempted but it may be sold by the debtor and his wife if any jointly with the sanction of the Judge of the Superior Court of the county where the debtor resides or the land is situated the proceeds to be reinvested upon the same uses
Section IV
Paragraph I The General Assembly shall provide by law as early as practicable for the setting apart and valuation of said property But nothing in this article shall be construed to affect or repeal the existing laws for exemption of property from sale contained in the present Code of this State in paragraphs 2040 to 2049 inclusive and the Act amendatory thereto It may be optional with the applicant to take either but not both of such exemptions
Section V
Paragraph I The debtor shall have authority to waive or renounce in writing his right to the benefit of the exemption provided for in section four except as is excepted in section three of this article
Section VI
Paragraph I The applicant shall at any time have the right to supplement his exemption by adding to an amount already set apart which is less than the whole amount of exemption herein allowed a sufficiency to make his exemption equal to the whole amount
Section VII
Paragraph I Homestead and exemptions of personal property which have been heretofore set apart by virtue of the provisions of the existing Constitution of this State and in accordance with the laws for the enforcement thereof or which may be hereafter so set apart at any time shall be and remain valid as against all debts and liabilities existing at the time of the adoption of this Constitution to the same extent that they would have been had said existing Constitution not been revised
Section VIII
Paragraph I Rights which have become vested under previously existing laws shall not be affected by anything herein contained In all cases in which homesteads have been set apart under the Constitution of 1868 and the laws made in pursuance thereof and a bona fide sale of such property has been subsequently made and the full
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purchase price thereof paid all right of exemption in such property foy reason of its having been so set apart shall cease in so iar as it nfleets the light of the purchaser In all such cases where a part only of the purchase price has been paid such transaction shall be governed by the laws now of force in this State in so far as they affect the rights ol the purchase as though said property had not been set apart
Section IX
J Parties who have taken a homestead of realtv under
the Constitution of eighteen hundred and sixty eight shall have the right to sell said homestead and reinvest the same by order of the J udge of the Superior Courts of this State
ARTICLE X
MILITIA
Section I
Paragraph I A well regulated militia being essential to the peace and security of the State the General Assembly shall have authority to provide by law how the militia of this State shall be organized officered trained armed and equipped and of whom it shall consist
Pai II The general Assembly shall have power to authorize the formation of volunteer companies and to provide for their organization into battalions regiments brigades divisions and corps with such restrictions as may be prescribed by law and shall have authority to arm and equip the same
ii ke officers and men of the militia and volunteer forces shall not be entitled to receive any pay rations or emoluments when not in active service by authority of the State
ARTICLE XI
COUNTIES AND COUNTY OFFICERS
Section I
Paragraph I Each county shall be a body corporate with such powers and limit itions as may be prescribed by law All suits by or against a county shall be in the name thereof and the metes and bounds of the several counties shall remain as now prescribed by lawq unless changed as hereinafter provided
Par II No new county shall be created
Par III County lines shall not be changed unless under the operation of a general law for that purpose
Par IV No county site shall be changed or removed except by a twothirds vote of the qualifidd voters of the county voting at an election held for that purpose and a twothirds vote of the GeneralAssembly
Par Y Any county may be dissolved and merged with contiguous counties by a twothirds vote of the qualified electors of such county voting at an election held for that purpose
Section IL
Paragraph I The county officers shall be elected by the qualified voters of their respective counties or districts and shall hold their offices for two years They shall be removed on conviction for malpractice in office and no person shall be eligible to any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter
Section III
Paragraph I Whatever tribunal or officers may hereafter be created by the General Assembly for the transaction of county matters shall be uniform throughout the State and of the same name jurisdiction and remedies except that the General Assembly may provide for the appointment of commissioners of roads and revenue in any county
ARTICLE XII
THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE
Section I
Paragraph I The laws of general operation in this State are first as the supreme law The Constitution of the United States the laws of the United States in pursuance thereof and all treaties made under the authority of the United States
Par II Second As next in authority thereto this Constitution
Par III Third In subordination to the foregoing All laws now of force in this State not inconsistent with this Constitution and the ordinances of this Convention shall remain of force until the same are modified or repealed by the General Assembly The tax acts and appropriation acts passed by the General Assembly of 1877 and approved by the Governor of the State and not inconsistent with the Constitution are hereby continued in force until altered by law
Par IV Local and private acts p issed for the benefit of counties cities towns corporations and private persons not inconsistent with the supreme law nor with this Constitution and which have not expired nor been repealed shall have the force of statute law subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms
Par Y All rights privileges and immunities which may have vested in or accrued to any person or persons or corporation in his her or their own right or in any fiduciary capacity under and in virtue of any Act of the General Assembly or any judgment decree or order or other proceeding of any Court of competent jurisdiction inthis State heretofore rendered shall be held inviolate by all Courts before which they may be brought in question unless attacked for fraud
Par VI All judgments decrees orders and others proceedings of t he several Courts of this State heretofore made within the limits of their several jurisdictions are hereby ratified and affirmed subject only to reversal by motion for a new trial appeal bill of review or other proceeding in conformity with the law of force when they were made
Par VII The officers of the government now existing shall con
30
tinue in the exercise of their several functions until their successors are duly elected or appointed and qualified but nothing herein is to apply to any officer whose office may be abolished by this Constitution
Par VIII The ordinances ofthis Convention shall have the force of laws until otherwise provided by the General Assembly except the ordinances in reference to submitting the homestead and capital question to a vote of the people which ordinances after being voted on shall have the effect of constitutional provisions
NothUnder the Ordinance of the Convention submitting the question of the location of the Capital to the people the city of Atlanta was chosen December 5th 1877
AETICLE XIII
AMENDMENTS TO THE CONSTITUTION
Section I
Paragraph I Any amendment or amendments to this Constitution maybe proposed in the Senate or House of Kepresentatives and if the same shall be agreed to by twothirds of the members elected to each of the two Houses such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon And the General Assembly shall cause such amendment or amendments to be published in ohe or more1 newspapers in each Congressional District for two months previous to the time of holding the next general election and shall also provide for a submission of such proposed amendment or amendments to the people at said next general elec tion and if the people shall ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment or amendments shall become a part of this Constitution When more than one amendment is submitted at the same time they shall be so submitted as to enable the electors to vote on each amendment separately
Par IE No convention of the people shall be called by the General Assembly to revise amend or change this Constitution unless by the concurrence of twothirds of all the members of each House of the General Assembly The representation in said convention shall be based on population as near as practicable
Section II
Paragraph I The Constitution shall be submitted for ratification or rejection to the voters of the State at an election to be held on the first Wednesday in December one thousand eight hundred and seventyseven in the several election districts of this State at which election every person shall be entitled to vote who is entitled to vote for the members of the General Assembly under the Constitution and laws of force at the date of such election said election to he held and conducted as is now provided by law for holding elections for members of the General Assembly All persons voting at said election in favor of adopting the Constitution shall write or have printed on their ballots the words Ror Ratification and all persons opposed to the adoption of this Constitution shall write or have printed on their ballots the words Against Ratificationm
31
Par II The votes cast at said election shall be consolidated in each of the counties of the State as is now required by law in elections for members of the General Assembly and returns thereof made to the Governor and should a majority of all the votes cast at said election be in favor of ratification he shall declare the said Constitution adopted and make proclamation of the result of said election by publication in one or more newspapers in each Congressional District of the State but should a majority of the votes cast be against ratification he shall in the same manner proclaim the said Constitution rejected
ORDINANCES
AN ORDINANCE
Be it ordained by the people of Georgia in Convention assembled
1st That the question of the location of the Capital of this State be kept out of the Constitution to be adopted by the Convention
2d That at the first general election hereafter held for members of the General Assembly every voter may indorse on his ballot Atlanta I or Milledgeville and the one of these places receiving the largest number of votes shall be the Capital of the State until changed by the same authority and in the same way that may be provided for the alteration of the Constitution that may be adopted by the Convention whether said Constitution be ratified or rejected And that every person entitled to vote for members of the General Assembly under the present Constitution and laws of this State shall be entitled to vote under this ordinance and in the event of the rejection of said Constitution shall should a majority of votes cast be in favor of Milledgeville then this provision to operate and take effect as an amendment to the present Constitution
AN ORDINANCE
Be it ordained by the people of Georgia in Convention assembled and it is
hereby ordained by authority of the same
1st That the article adopted by this Convention on the subject of Homestead and Exemption shall not form a part of this Constitution except as hereinafter provided
2d At the election held for the ratification or rejection of this Constitution it shall be lawful for each voter to have written or printed on his ballot the words Homestead of 1877 or the words Homestead of 1868
3d In the event that a majority of the ballots so cast have indorsed upon them the words Homestead of 1877 then said article so adopted by this Convention shall form a part of the Constitution submitted if the same is ratified but in the event that said Constitution so submitted shall not be ratified then the article on Homestead and Exemptions so adopted as aforesaid by this Convention shall supersede article seven of the Constitution of 1868 on the subject of Homestead and Exemptions and form a part of this Constitution
4th If a majority of the ballots so cast as aforesaid shall have indorsed upon them the words Homestead of 1868 then article seventh of the Constitution of 1868 shall supersede the article on Homestead and Exemptions adopted by this Convention and shall be incorporated in and form a part of the Constitution so submitted and ratified
Read and adopted in Convention August 221877
Attest C J Jenkins
President Constitutional Convention
James Cooper Nisbet Secretary
33
AN ORDINANCE
Whereas A committee has been appointed by this Convention to consider and inquire into the ways and means by which the expenses of this Convention over and above those provided for by the General Assembly can be defrayed and whereas the committee are satisfied that a sufficient sum of money for the same can be procured by an ordinance of this Convention therefore
Be it ordained by the people of Georgia in Convention assembled and it is hereby ordained by authority of the same
That the President of this Convention shall be and he is hereby empowered by authority of this Convention to negotiate a loan of a sufficient sum of money at seven per cent per annum to defray the residue of the expenses of this Convention not provided for by the Act of the General Assembly calling this Convention
Read and adopted in Convention August 181877
Attest C J Jenkins
President Constitutional Convention James Cooper Nisbet Secretary
AN ORDINANCE
Be it ordained by the people of Georgia in Convention assembled
1st That the Constitution as adopted and revised be enrolled and signed by the officers and members of this Convention
2d That the Governor shall issue his proclamation ordering an election for members of the General Assembly and a vote upon the ratification or rejection of this Constitution as therein provided and a vote upon the Capital and Homestead questions as provided by the ordinances of this Convention
Read and adopted in Convention August 25th 1877
Attest i C J Jenkins
President Constitutional Convention James Cooper Nisbet 5ecretary
AN ORDINANCE
There shall be sixteen Judicial Circuits in this State and it shal be the duty of the General Assembly to organize and apportion the same in such manner as to equalize the business and labor of the Judges in said several circuits as far as may be practicable But the General Assembly shall have power hereafter to reorganize increase or diminish the number of circuits Provided however that th circuits shall remain as now organized until changed by law
Read and adopted in Convention August 23 1877
Attest C J Jenkins
President Constitutional Convention
James Cooper Nisbet Secretary
34
Amendments to Constitution
Paragraph 15 of Section 7 Article 3 stricken out
Paragraph 1 Section 1 Article 7 amended by adding at the end of aid paragraph the following words And to make suitable provision for such Confederate soldiers as may have been permanently injured in such service
See Acts of 18845
Paragraph 1 Section 1 Article 7 also amended by adding at the end of said paragraph the following words And to make suitable
provision for such Confederate soldiers as may have otherwise been disabled or permanently injured in such service and for the widows of such Confederate soldiers as may have died in the service of Confederate States or since from wounds received therein or disease contracted therein
INDEX
TO THE
CONSTITUTION OF GEORGIA
NoteReferences in the Index are made to the Article Section and Paragraph of the provision referred to the original division of the instrument being strictlv followed J
A
A S P
Absent members of Legislature attendance of com
pelled 3 4 4
Abuse under arrest or in prison prohibited l l 9
Of liberty of speech or press responsibilsty for 1 1 15
Academy incorporated exempt from taxation 7 2 2
Acceptors suits against where tried 6 16 5
Account of Treasurer to be published quarterly 3 7 11
Accusation copy to be furnished defendant on demand 1 15
Acts amending or repealing must describe the law
affected 3 7 yi
Local and private authority of 12 1 4
Must be signed by President of Senate and Speaker
of House 3 7 13
Requiring twothirds voteyeas and nays must be
recorded 3 7 21
Adjournment of Legislature by less than a majority 3 4 4
Consent of both Houses required when 3 7 24
Houses failing to agree Governor may adjourn them 3 7 24
Resolutions of not submitted to Governor 5 1 17
Ad valorem Tax on property shall be 7 2 1
Aged and infirm persons entitled to Homestead 9 1 l
Aid of State to any religious denomination prohibited 1 1 14
To any person or corporation by lending credit or
taking stock prohibited 7 g
To any person or corporation by donation or gratuity prohibited 7 16 1
Aid of County or City to person or corporation prohibit 7 6 1
Amendments to Appropriation and Revenue bills by
Senate 3 7 10
To Constitution 13 j j
36
Ara en drnentsContinued
A S P
To statute or code form of amendment act 3 7 17
Animals special tax may be imposed on vicious ones 7 2 1
Appeal from one jury to another in Superior and City
Courts 6 4 6
From Ordinary to Superior Court 6 6 1
From Justice of the Peace to Jury or Superior Court 6 7 2
Appellate Jurisdiction of the Superior Court 6 4 4
Appointment of Legislator to another office prohibited 3 4 7
By Governor to fill vacancies 5 1 14
Rejected by Senate effect of 5 1 15
Of State School Commissioner 8 2 1
Apportionment of Representatives how changed 3 3 2
Appropriation Acts authority of 12 1 3
Bills general and special 3 7 9
Bills must originate in House of Representatives 3 7 10
Bills yeas aud nays must be recorded on 3 7 12
Bills may be approved in part 5 1 16
Necessary to authorize payment by Treasurer 3 7 11
For University of Georgia and College for colored
pupils 8 6 1
Approval of Governor to Bills 5 1 16
Of Governor to Resolutions and Orders 5 1 17
Arms right of citizens to bearmanner of bearing 1 1 22
Army of the State Governor is Commander of 5 1 11
Arrest abuse under prohibited 119
Punishment for rescue from under prder either
House 3 7 2
Privilege of Elector from 2 3 1
Privilege of member Legislature from 3 7 3
Artificial limbs for Confederate soldiers 7 1 1
Assemble right of people to do so guaranteed 1 1 24
Associate Justice of Supreme Court 6 2 1
Atlanta City Court of errors corrected in Supreme Court 6 2 5
Attainder bill of prohibited 1 3 2
Attendance of members of the Legislature compelled 3 4 4
Attendance of members of Legislature privileges during 3 7 8
Attorney right to defend or prosecute by 1 1 4
Right of Defendant in criminal cases to have 1 1 5
General election of 6 10 1
General duties 6 10 2
General salary 6 13 1
General qualifications 6 14 1
Authority of Constitution treaties laws judgments etc 12 1
37
B
A S P
Bail shall not be excessive 1 1 9
Ballot election by the people shall be by 1 1
Banishment beyond the State prohibited 1 1 7
Banks may be incorporated by the Legislature 3 7 18
Bequests may be received by the University of Georgia 8 6 1
Bills number ofi readings necessary before passage 3 7 7
Majority of all members in favor of necessary to
passage 3 7 14
Rejected not again proposed without consent of two
thirds 3 7 13
Appropriation and Revenue must originate in
House 3 7 10
Appropriations general and special requisites of 3 7 9
Appropriations must be passed by yeas and nays 3 7 12
Revision of by Governor Vetohow overruled 5 1 16
See Local Bills also Acts 11
Bond required of Secretary of Senate and Clerk of House 3 8 1
Required of Secretary of State ComptrollerGenl
and Treasurer 5 2 6
Required of Public Printer 7 17 1
Bonded debt not to be increased 7 12 1
Sale of States property to be applied to 7 13 1
Of county or city provisions for meeting 7 7 2
Bonds in cases involving an interested Judge cannot
preside 6 2 3
Of State declared void not to be paid or submitted
to suit 7 11 1
Of Western Atlantic Railroad paid bv proceeds of
Roadv 7 13 1
Boundaries of counties to remain as now till changed by
law 11 1 1
Bribery Conviction of disqualifies for office or voting 2 2 1
Bridges established by the Courts not Legislature 3 7 18
Bridges Ordinarys jurisdiction in matters of 6 6 2
Bridges taxation by county to keep up 7 6 2
Borrowing money by State laws for must specify purpose 7 4 1
Bhildings public exempt from taxation 7 2 2
Public tax by county to maintain 7 6 2
Ordinarys jurisdiction 6 6 2
Burial places exempt from tax 7 2 2
C
Canal Companies may be incorporated by Legislature 3 7 18
Capital location of ordinance concerning 12 1 8
38
A S P
Capitol site for may be donated to the State 7 6 1
Censure of member of Legislature for misconduct 3 7 1
Certiorari writs of may be issued by Judge Superior
Court 6 4 5
Challenge of voter oath to be administered 2 1 2
Conviction of sending or excepting disqualifies for
officeKjgJ 2 4 2
Charitable institutions public exempt from taxation 7 2 2
Public aid from county or city 7 6 1
Charter of Corporations amended on conditions 4 2 3
Chief Justice of Supreme Court presides in impeachment trialssee Supreme Court 3 5 4
Children legitimatized and names changed by the
Courts 3 7 18
Church not to receive money from the State 1 1 14
Citizens of the State who are and right to protection 1 1 25
Of the State entitled to vote when 2 1 2
City aid by donation or taking stock prohibited 7 6 1
Consent before Street Railroad can be built in 3 7 20
Courts of the State need not be uniform 6 9 1
Court appeals and new trials in 646
Court errors corrected in Supreme Court 6 2 5
Court Judge may serve in Supreme Court when 6 5 1
Debt to be incurred by limited 7 7 1
Debt bonded provisions for meeting 7 7 2
Debt not to be assumed by State 7 8 1
Debt to be incurred only by authority of City Government 7 10 1
Public schools may be maintained by tax 84 1
Civil authority superior to the military 1 1 19
Cases where triedR 6 16 6
Cases judgment by Court without Jury when 6 4 7
Cases venue how changed 6 17 1
Jurisdiction of Superior Court 6 4 3
Jurisdiction of Justices Court 6 7 2
Clerical expenses of Treasurer Secretary of State and
ComptrollerGeneral 5 2 24
Clerk of House of Representatives Compensation and
Bond of 3 8 1
Clerks of the Governor 5 1 19
Code sections not amended or repealed by reference to
numbers 3 7 17
Colleges exempt from taxation 7 2 2
For colored pupils 8 6 1
Colored pupils College for 8 6 1
39
A S P
Colored and white Public Schools to be separate 8 1 1
Commissioner of Schools appointed and salary of 8 2 1
Commissioners of county affairs authorized 6 19 1
Commissioners of county affairs authorized 11 1
Committee on Local and Special hills 3
Common law Courts may be clothed wdth equity jurisdiction 1
Common School systemsee Education 8 11
Commutation power in th Governor 5 1 12
Tax for military service goes to Schools 8 3 1
Companies incorporation of 3 7 18
Volunteer military organization of 10 1 A
Compensation for private ways and public use of property 3 1
Of Clerk of House and Secretary of Senate 3 8 1
Of Jurors how fixed 0 1
Extra not he granted officers or contractors 7 16 2
Competition arrangements by corporations to defeat
void 4 2 4
ComptrollerGeneral must license Life Insurance Companies 3 12 2
Supervise deposits of Life Insurance Companies 3 12 3
Officer of Executive Department 5 1 1
Examination suspension and discharge of 5 1 18
Election of 521
Salary and Clerkshire 5 2 4
Eligibility and Bond of i 2 3
Perquisites not allowed to 5 2 7
Must report to Governor 7 15 1
Confederate Soldiers to be provided with artificial limbs 7 11
Public debt not to be paid 7 11 1
Conscience right of not to be controlled 1 1 12
Liberty of does not excuse licentiousness 1 1 13
Consent of parties to vary general law in individual cases 1 4 1
City to building Street Railroads within its limits 3 7 20
Constitution of Georgia may be altered or abolished by
the people S
Authority of 12 1 2
Amendments of 13 1 1
Amendments by Convention 13 1 2
To be submitted to the people 13 2 1
And United Stateslaws in violation of void 14 2
Of United States authority of 12 1 1
Constitutional Convention provisions to call 13 1 2
40
A S P
Construction of Constitution not to deny rights not enumerated 1 5 5
Contempt limitation of Courtspower to punish for 1 1 20
Either House of General Assembly may punish for 3 7 2
Contested Election for Governor 5 1 6
Contracts lawsimparing obligation of void 1 3 2
By Government releasing power to tax void 4 11
By Government heretofore made not impaired 4 2 6
Between corporations defeat competition void 4 2 4
Judgments on without verdict when 6 4 7
Jurisdiction of Justices Courts in cases of 6 7 2
Contractor not to receive extra compensation from Government 7 16 2
Conventionsee Constitutional Convention and Ordinances
Conviction costs not to be exacted of defendant until 1 1 10
Does not work corruption or forfeiture 1 2 3
Of certain offenses disfranchises 2 2 1
Impeachment vote necessary3 5 4
Duelling disqualifies for office 2 4 2
Copartners suits against where tried 6 16 4
Coroners County Tax to pay 7 6 2
Corporate Powers what may be granted by Legislature 3 7 18
Corporators not to be damaged by revocation of charter 13 3
Corporations subject to policepower and eminent domain 4 2 2
Legislation in favor of conditional 4 2 3
Acts of to defeat competition and monopolize void 4 2 4
Right to tax not to be released 7 2 5
State not to take stock in aid or lend credit to 7 5 1
County or City not to take stock in aid or lend credit
toI 7 6 1
Donations to from State prohibited 7 16 1
Authority of rights already accrued to 12 1 5
Municipal see City
Costs not payable by defendant till conviction 1 1 10
In Supreme Court 6 21 1
County Commissioners may be created i jj 3 1
Debt to be incurred by limited 7 7 1
Debt not to be assumed by State 7 8 1
Debt bonded provisions for meeting 7 7 2
Not to aid or take stock in Corporation 7 6 1
Public Schools may be maintained by 8 4 1
Matters Ordinarys j urisdiction 6 6 2
Officers election term qualification and removal 11 2 1
41
A S
County Commissioners Continued
Officers and tribunals to be uniform in the State 11 3
Is a body corporate suits of and boundaries H 1
New one not to be created H 1
Lines and site how changed H 1 3
Merger of H 1
Special Acts authority of 12 1
Corruption of blood hot worked by conviction 1
Courts power to punish for comtempt limited 1 1
Power in matters denied to Legislature 3
Of the State
Not mentioned in Constitution may be abolished 6 20
Of Common Law may be vested with equity jurisdiction 2V
Of same grade throughout State must be uniform 6 9
Courts tax to pay expenses of 7 6
Jurisdiction against Homestead denied 9 2
Authority of judgments and decrees of 12 1
Existing judgments and decrees of ratified 12 1
See alsoP Supreme Superior City and Justice Courts
Credit of State not to be pledged to Corporations or persons 1 0
Creditors law to be provided for reaching concealed
property of debtor 1 2
Not to be damaged by revocation of Charter 1 3
Crime conviction in what cases disfranchises 2 2
Lobbying declared to be 1 2
Criminal Cases Jury judges of law and fact 1 2
Judge may grant new trial on conviction 1 2
Jurisdiction of Superior Court 6 4
Rights of defendant in 1 1
Where tried
Venue when changed 3 1
D
Damages jurisdiction of Justices Courts in cases of 6 7
Death of Governor vacancy how filled1 5 1
Officer vacancy how filled 5 1
Debate liability of Legislators for words spoken in 3 7
Debts Public taxation to pay 7 1
Public new debt contracted to pay 7 3
Power of State to contract restricted 7 3
Of County taxation to pay 7 6
Power of City or County to contract restricted 7 7
p
1
1
2
4
5
4
5 v

20
18
1
1
2
1
2
1
5
6
1
6
1
5
1
1
1
5
6
j
1
8
14
3
i
i
i
2
1
42
Debts Continwd
s p
To be incurred by City only on authority of City
Government 7 10 1
Of County or City not to be assumed by State 7 8 1
Void and Confederate against State not to be paid 7 11 1
Debtor Concealing Property provisions against 1 2 6
May waive Homestead 9 3
May waive Exemptions of the old Code 9 5 l
Decrees of Court authority and ratification of 12 1 56
Defaulters of public moneys disqualified for Legislature 3 4 7
Defend or prosecute in person or by attorney right to 114
Defense under oath not filed Court to render judgment
when 9 4
Of State debts may be contracted for 7 3 1
Deficiency of Revenue in State supplied by borrowing 7 3 1
Of Revenue in City and County supplied by borrowingJ 7 71
Deposit required of Insurance Companies 3 12
Of public funds Treasurer to receive no profit from 5 2 5
Disabilities may be removed by Governor 5 1 12
Discrimination in Tariff by Railroad regulated 4 2 1
Disorderly behavior in presence of Legislature punished 3 7 12
Disqualification to hold office or vote 2 2 1
Religious opinion is not 1 1 13
To hold office in more than one department 1 1 23
Of illegal holders of public money 2 4 1
Of DuellistsI 2 4 2
For Legislature and of legislator to other office 3 4 7
Resulting from Impeachment 3 5 5
Of Judge of Supreme Court who presides 6 2 2
Judge of Superior Court who presides 6 4 9
Judge of Superior Court when there is a City Judge 6 5 l
Of interested Judge in bond cases 6 2 3
Districts Senatorial number composition and change of 3 212 3
Divorce exclusive jurisdiction in Superior Court 6 4 1
First and second verdicts in cases of 9 15 12
Suits where tried 6 16 1
Domestic Animals of vicious nature special tax on 72 1
Animals tax on goes to educational purposes 8 11
Donations by State prohibitedi 7 16 1
By State to University allowed 8 6 1
Drawer and Acceptor suits against where tried 6 16 5
Duelling conviction of disqualifies for office 2 4 2
43
E
A S P
Education Common School System established 8 11
Commissioner of Public Schools1 3 2 1
Confined to English in local public schools 7 6 2
Confined to English in State public schools 8 1 1
Poll Tax for purposes of 1 l
Special Tax for purposes of 8 3 1
Taxation for purposes of by State 7 1 1
Taxation for purposes of by City or County 6
Appropriations for purposes of by City or County 7 6 1
Election by the people shall be by ballot 2 1 1
By the Legislature shall be viva voce 3 10 1
Days furnishing Liquor on prohibited 2 5 1
Privilege of Electors while attending 2 3 1
Precincts changed by Courts not Legislature 3 7 IS
Returns where made 2 6 1
Of members General Assembly
Members General Assembly each House to judge of 3 7 1
President of the Senate
Speaker of the House of Representatives 3 6 2
Governor
Governor returns how made 6 1 4
Returns opened and published 5 1 5
Governor by General Assembly 5 15
Contested
Special
To fill vacancies in General Assembly o 1 13
Of Secretary of State CompGenT and Treasurer 5 2 1
Judges of Supreme Court 6 2 4
Judges Superior Court o o
Judges Supreme Superior Courts and SolGenl 6 12 1
Justices of the Peace 6 7 3
AttorneyGeneral 3 10
By City or County on creating a new Debt 7 7
City or County on School question 8 4 1
To change County Siter G 1 4
Merge one County into another G 1 5
Election of County Officers G
On amendments to Constitution 13 1 1
Ratification of Constitution 13 2 1
Electors who shall be so deemed 2 12
Registration of may be provided for 2 2 1
Privileges of wfiile attending elections 2 3 1
Embezzlement of public funds disfranchises 2 2
44
A S il
ZEminent Domain not to be abridged in favor of Corporations 4 2 2
Encumbrances Homestead liable for removal of 9 2 1
Endorsers suits against where tried 6 16 5
Equal Rights not to be infringed by Corporations 4 2 1
Equity Cases where tried 6 16 3
Jurisdiction is in Superior Court 6 4 1
Jurisdiction may be conferred on Common Law
Courts 6 4 2
Errors in Superior and City Courts corrected in Supreme
Court 0 2 5
Of inferior judicatories corrected by Certiorari 6 4 5
Estate not forfeited by conviction 1 2 3
Excessive Bail and Fines forbidden 1 9
Executive Legislative and Judicial Departments are distinct 1 1 23
Department officers of 5 1 1
Department officers of report suspension and removal of 5 1
Powers vested in Governor 5 1 2
Exemptions from Taxation and void Exemptions 7 22 45
From Levy and Sale 9 1 1
From Levy and Sale waiver of 9 3 l
From Levy and Sale under DebtorsAct not repealed 9 4 1
From Levy and Sale under Debtors Act waiver of 9 5 1
Exhibitions special tax on goes to Public Schools 8 3 1
Expense of Clerks and Secretaries to Governor 5 1 19
Of Clerks of Secretaries of State ComptrollerGeneral and Treasurer 5 223 4
Ex Post Facto Law not to be passed 13 2
Express Companies chartered by Legislature 3 7 18
Expulsion of Member of General Assembly for misconduct 3 7 1
Extra Session of Legislature before November 1st 1878 3 4 3
Session of Legislature may be called by Governor 5 1 13
Compensation not to be allowed by Government 7 16 2
F
Family each Head of entitled to Homestead 9 l 1
Fees not allowed officers of Executive Department 5 2 7
Not allowed AttorneyGeneral 6 13 1
Felony exclusive jurisdiction in Superior Court 6 4 1
Females persons having care of entitled to Homestead 9 1 1
Ferries established by Courts not Legislature 3 7 18
Ordinarys jurisdiction concerning 6 6 2
45
A Si I
Fines imposed must not be excessive 1 1 9
Imposed on member of Legislature for misconduct 3 7 1
Fire Insurance Companies deposit required of 3 12 4
Foreign Power Governor to receive no Emolument from 5 12
Forfeiture of Estate not brought about by conviction 1 2 3
Of Recognizance relieved against when 3 7 lil
Of Charter remitted only on conditions 4 2 3
Fraud Legislature may provide Punishment for 1 2 6
Judgments attacked for 12 1 5
Free Schoolssee Education 8 11
Freight on Railroads subject to regulation by law 4 2 1
Rebate not allowed nor deceit as to amount charged 4 2 5
Furniture waiver of Exemption not good against all 9 3 1
Funds of county Ordinarys jurisdiction 6 6 2
Of Public officers not to profit from use of 7 9 1
Sinking provided for 7 14 1
G
General Assembly
Consisting of Senate and House is the Legislative
power 3 11
Members of elected for two years 3 4 1
Election when held 3 4 2
Election returns where made 2 6 1
Attendance of required 3 4 4
Oath of 3 4 5
Who are disqualified to be 3 4 7
Disqualified for certain other offices 3 4 T
Not to profit from use of public funds 7 9 1
Not to be interested in public printing 7 17 1
Seats of vacated by removal 3 4 8
Punished for misconduct in each House 3 7 1
Privileges of 3 7 3
Per diem and mileage of 3 9 1
Majority of all necessary to passage of bill 3 7 14
Officers of who are 3 8 1
Quorum of to transact business 3 4 4
Adjournment by less than a quorum 3 4 4
Adjournment for more than three days etc 3 7 24
Elections by shall be mva voce 3 10 1
Of Judges of Supreme Court by 1st election 6 2 4
Of Judges of Superior Court by 1st election 6 3 2
Of Judges of Supreme and Superior Courts and
SolicitorsGeneral 6 12 1
Of Governor by when 5 1 5
Of Governor contested determined by 5 1 6
46
A S P
May pardon commute or reprieve for treason 5 1 12
May direct affixing of the Great Seal 5 3 l
Sessions of are Biennial 3 4 3
Of limited to 40 days unless prolonged by a
twothirds vote 3 4 6
Of extra may be called by Governor 5 l 13
Of joint held in Representative Hall 3 10 1
Each House of may compel attendance of members 3 4 4
Is judge of election and qualificatn of its membrs 3 7 1
May punish for misconduct 3 7 12
Must keep a Journalf 3 7 4
Has general power of legislation 3 7 22
HAS POWER BY LAW TO
Provide punishment for fraud 1 2 6
For registration of voters1 2 2 1
For removal Secretary of State ComptrollerGeneral and Treasurer 5 1 18
For appeals in Superior and City Courts 6 4 6
For appointment of Judge pro hac vice 6 4 9
Commissioners for County affairs 6 19 1
For organizing the Militia 10 1 1
Prescribe manner of bearing arms 1 l 22
Number of Jurors in Inferior Courts 6 18 1
Who shall vote on School questions 8 4 1
Change Senatorial Districts when 3 2 3
Apportionment of Representatives 3 3 2
Governors Salary by twothirds vote 5 1 2
Salaries of Judges Attorneys and SolicitorsGen
eral 6 13 2
Substitute another officer for School Commissioner 8 2 1
Establish Courts 6 11
Abolish Courts not named in Constitution 6 20 1
Confer Equity jurisdiction on Common Law Courts 6 4 2
Authorize formation of Volunteer Companies 10 1 2
Require Fire Insurance Companies to make deposits 3 12 4
Subject corporate property to public use when 4 2 2
Sell States property 7 13 j
Make donations to University of Georgia 8 6 1
Make donations to College for colored people 8 6 1
Amend Constitution in manner provided 13 1 1
Call Constitutional Convention as provided 13 1 2
47
General AssemblyContinued
SHALL BY LAW
A S P
Limit power of Courts to punish for Contempt 1 1 20
Protect citizens in their rights 1 1 25
Provide penalty against Lottery Agents 1 2 4
Provide penalty dgainst Lobbying 12 5
Prohibit furnishing Liquor on election days 2 5 1
Provide penalty against Treasurer receiving unlawful
fee 5 2 5
Provide for reaching concealed property of Debtor 12 6
Compel Insurance Companies to report to Governor o 12 5
Regulate Freight and Passenger tariff 4 2 1
Enforce provisions against monopolies etc 4 7
Establish uniformity in local tribunals 6 9 1
Provide for selection and compensation of Jurors 6 18 23
A Sinking Fund J 14 1
For letting Public Printing to highest bidder 7 17 1
Setting apart and valuation of Homestead 9 4 1
For appeals in Superior and City Courts 6 4 6
SHALL NOT PASS ANY LAW
To restrain or curtail liberty of speech or press 1 1 15
Respecting social status of citizens 1 1 18
Of Attainder ex post facto impairing contracts 1
Making irrevocable grants of special privileges 1 3 2
To revoke grants to injury of creditors or corporators 13 3
Of special nature when general law provides 14 1
Varying general law affecting private rights without
J 141
consent x
In violation of Constitution of Georgia or the United
States 4 4 2
Referring to more than one matter or different from
title 3 7 8
Incorporating companies except of class named 3 7 18
Relieving against Recognizances except as stated 3 7 19
Authorizing Street Railroad in city without citys
q 7 on
consent u
For benefit of particular corporations except on conditions 4 2 3
Authorizing one corporation to buy stock in another 4 2 4
County or City to aid persons or Corporations 7 6 1
Payment of void bonds or Confederate debts 7 11 1
Granting donation or gratuity to persons or Corporations 1 16 1
Extra compensation to officers or contractors 7 16 2
See xaT

48
A S P
God may be worshipped according to dictates of conscience 1 1
Governor an officer of the Executive Department 5 11
Executive powers vested in 5 12
Salary term and limitation of terms of office 5 1 2
Election installation and terms of election of 5 1 34
Of by the Legislature when 5 1 5 v
Qualification and oath of 5 1710
Death resignation or disabilty of 5 18
Secretaries and Clerks of 5 1 19
Is Commander of the Army and conservator of the
Peace 5 111 12
May adjourn the Legislature when 3 7 24
Call Extra Session of Legislature 5 1 13
Direct affixing of the Great Seal 5 3 1
Pardon reprieve commute and remit penalties 5 112
Remove disabilities 5 1 12
With the Treasurer loan the Sinking Fund 7 14 1
Require services of AttorneyGeneral 6 10 2
Shall order elections to fill vacancies in Legislature 5 1 13
Fill vacancies in other offices 5 1 14
Offices of Judges and SolicitorsGeneral 6 12 1
Appoint State School Commissioner 8 2 1
Judge to preside in Supreme Court when 6 2 2
Commission Notaries Public ex officio Justices of
Peace 6 8 1
Examine and publish Report of Comptroller and
Treasurer 7 15 1
Proclaim result of Election on Constitution 13 2 2
Cannot appoint member of Legislature to office 3 4 7
A person rejected by Senate when 5 1 15
Has revision of bills and resolutions of Legislature 5 1 17
Supervision over Executive officers 5 1 18
Government originates with people duty of 1 1 12
Exclusive right of the people to regulate 1 5 1
Legislative Executive and Judicial Departments
distinct 1 1 23
Support of by taxation 7 11
Grants limiting power to tax void 4 1 1
Irrevocable of special privileges void 1 3 2
Not to be revoked so as to work injustice 1 3 3
Great Seal of the State use and device of 5 3 1
Guardian of minors entitled to Homestead 9 1 I
49
H
A S P
Habeas Corpus Writ shall not be suspended 1 1 11
Head of Family entitled to Homestead 9 11
Homestead and Exemption to whom allowed and
amount of 9 11
Not subject to levy and sale 9 2 1
Waiver and sale of 9 3 1
Setting apart of to be provided for 9 4 1
Supplemental 9 6 1
Already allowed good against old debts 9 7 1
Ordinance effect of 12 1 8
Of 1868 sales of confirmed 9 8 1
Of 1868 sales and reinvestments of 9 9 1
Under Debtor Act not repealed 9 4 1
Under Debt rsAct Waiver of 9 5 1
House Secure from search except as provided 1 1 16
Soldiers not to be quartered in except as provided 1 1 19
Of Representativessee Representatives
Household furniture waiver of exemption on 9 3 l
Husbands debts wifes property not liable for 3 11 1
I
Idiots disqualified to vote or hold office 2 2 1
Immunities special not to be irrevocably granted 1 3 2
Not to be revoked so as to work injustice 13 3
Impeachment power in House of Representatives 3 6 3
Power to tryin the Senate 3 5 3
Chief Justice to preside at trial of 3 5 4
Vote necessary to convict 3 5 4
Effect of conviction 3 5 5
Governor cannot pardon in case of 5 1 12
Imprisonment abuse under forbidden 119
For debt prohibited 1 1 21
For misbehavior in presence of Legislature 3 7 12
Improvement on Homestead is part of 9 2 1
Indictment copy to be furnished defendant on demand 115
Inferior Judicatories errors of corrected by Certiorari 6 4 5
Infirm persons entitled to Homestead 9 1 1
Inherent rights not enumerated and not denied 15 2
Insane persons not entitled to vote or hold office 2 2 1
Inspection by Governor of Executive Offices 5 1 18
Installation of Governor 5 13
Insurance Department expense of 5 2 4
Companies to make reports to Governor 3 12 5
Chartered by Legislature 3 7 18
50
Insurance DepartmentContinwed
A S P
Fire deposit made with Treasurer 3 12 4
Foreign and Home Life deposits required 3 12 13
Foreign Life ComptrollerGeneral to license 3 12 2
Interest on Public Debt taxation authorized to pay 7 11
Intoxicating drinks not totbe furnished on election days 2 5 1
Insurrection and invasion in time of Bills may pass
summarily 3 7 7
Tax to suppress 7 1 1
Bonded debt incurred to suppress 7 12 1
Debts contracted to suppress 7 3 1
Contracted by city or county to suppress assumed
by State 7 8 1
Invasionsee Insurrection
Investment of funds raised by sale of homestead 9 3 1
Irrevocable grants of special privileges void 13 2
J
Jeopardy more than once for same offense prohibited 118
Joint obligors suit against where tried 6 16 4
Owner in property State shall not become 7 5 1
Journal each House of the General Assembly shall keep 3 7 4
Original preserved in the office of Secretary of State 3 7 5
Yeas and nays to be recorded in at request of one
fifth 3 7 6
Yeas and nays to be recorded in when twothird
vote is required 3 7 21
Must show majority of all members voted for bills
passed 7 14
Must contain proposed amendments to Constitution 13 1 1
Of House must contain vote of elections by Legislaturelt 3 10 1
Judge disqualified to preside in bond cases if interested
in the bonds 6 2 3
Pro hac vice Legislature may authorize 6 4 9
May grant new trials in cases of conviction 1 2 1
See Supreme Superior and City Courts
Judicial Legislative and Executive Departments distinct 1 1 23
Powers of the State where vested 6 11
Judiciary to declare unconstitutional acts void 14 2
Judgment of Impeachment extent of 3 5 5
Of Supreme Court may be withheld one term 6 2 7
Without verdict of Jury when 6 4 7
Of Courts authority of 12 1 5
Heretofore rendered ratified 12 1 6
51

A S P
Jurisdiction of Supreme Court 6 2 5
Of Superior Court 6 4 1
Of Superior Court appellate 6 4 4
Of Ordinary 6 6 1
Of Ordinary County mattersi 6 6 2
Of Justices of the Peace 6 7 2
Against homesteads denied 9 2 1
Jury right of trial by an impartial 1 1 5
Right of trial by Guaranteed 6 18 1
Judges of law and fact in criminal cases 1 2 1
Appeal from one to another in Superior and City
Courts 6 4 6
From Justice of the Peace to 6 7 2
Grand to recommend Commissioned Notary for appointment 6 8 1
Grand and Traverse selection and qualification of 6 18 2
Compensation of how fixed 6 18 3
Tax by county to pay 7 6 2
Justice of the Peace may be member of Legislature 3 4 7
Part of Judiciary 6 11
Election Commission and Removal of 6 7 3
Term of 6 7 1
Jurisdiction Sessions and Appeals 6 7 2
Ex Officio
K
Kitchen furniture waiver of exemption of 9 3 1
L
Labor done on Homestead Homestead is liable for 9 2 1
Land cases involving title to brought in Superior Court 6 4 1
Cases involving title to tried at what place 6 16 2
Homestead and Exemption on 9 11
Larceny conviction of disfranchises 2 2 1
Law due process of required to affeet rights of persons 113
Laws of general nature must have uniform operation 14 1
Of general nature affecting private rights how varied 14 1
Unconstitutional are void 14 2
For more than one matter or different from title
void 3 7 8
Majority vote of all members necessary to pass 3 7 14
For tax shall be general 7 2 1
Not repealed or amended by reference to title alone 3 7 17
For borrowing money must be specific 7 4 1
To change County lines must be a general law 11 1 3
52

Laws Continued
a s P
Of general operation 12
Of United States authority of 12 1 1
Of Georgia authority of 12 1 3
Local and Special authority of 12 1 4
See Local also General Assembly
Learning Seminaries of exempt from taxation 7 2 2
Legislative power is in the General Assembly 3 11
Executive and Judicial Departments distinct 1 1 23
Legislaturesee General Assembly
Legitimate Children power in Courts 3 7 18
Levy and Sale exemptions from 9 11
Libels in prosecutions for truth may he given in evidence 1 2 1
Liberty person to he deprived of only by due process of
law 113
Not to be jeopardized but once for same offense 1 18
Of Conscience not to be controlled 1 1 12
Of speech or press not to be curtailed 1 1 15
Libraries Public may be exempt from taxation 7 2 2
Licentiousness not excused on account of liberty of Conscience 1 1 13
Life person not to be deprived of but by due process of
law 113
Not to be jeopardized but once for same offense 118
Crimes involving jurisdiction in Superior Court 6 4 1
See Insurance
Lines of County to be changed under operation of general law 11 1 3
Liquor special tax on for Educational purposes 8 3 1
Not to be furnished on Election days 2 5 1
List of witnesses to be furnished defendant on demand 115
Litigation tax by County to pay expenses of 7 6 2
Literary Associations may be exempt from taxation 7 2 2
Loans to State for casual deficiencies of revenue 7 3 1
County or City for casual deficiencies of revenue 7 7 1
Of Sinking Fund by Governor and Treasurer 7 14 1
Lobbying is a crime Legislature must provide a penalty 12 5
Publication of before passed 3 7 16
Acts authority of 12 4
School Systems existing not affected hereby 8 5 1
Lottery Tickets sale of prohibited 12 4
M
Macon and Brunswick Railroad if sold proceeds where
applied 7 13 1
t

58
A S P
Majority of each branch of Legislature constitute quorum 3 4 4
Of all members of each House necessary to pass bill 3 7 14
Malefeasance in office disfranchises 2 2 1
Malepractice in office by Justice of the Peace removal for 6 7 3
Mandamus issued by Judge of Superior Court 6 4 5
Marriage does not divest wife of her property 3 11 1
Material furnished Homestead it is liable for 9 2 1
Matter different from title not to be contained in bill 3 7 8
Members of General Assemblysee I General Assembly
Merger of counties 11 1 5
Message of Governor 5 1 13
Mileage of the members of the General Assembly 3 9 1
Military authority subordinate to Civil 1 1 19
Commission except in Militia disqualifies for Legislature 3 4 7
Service commutation for goes to Public Schools 8 3 1
Companies Volunteer organizations 10 1 2
Companies Volunteer paid only when called by
State 10 1 3
Militia officers may be members of Legislature 3 4 7
Governor is CommanderinChief of 5 1 11
District one Justice of the Peace for each 6 7 1
District one commissioned Notary for each 6 8 1
Organization of may be provided for 10 1 1
Paid only when called out by State 10 1 3
Minors family of entitled to Homestead 9 1
Ministerial officer not to levy on Homestead 9 2 1
Misconduct of member of Legislature how punished 3 7 1
Mistrial in criminal cases authorizes a second trial 118
Money not to be donated by State to any church etc 1 1 14
Illegal holders of public disqualified for office 2 4 1
Public defaulters of disqualified for Legislature 3 4 7
Authority and manner of drawing from Treasury 3 7 11
Borrowed by State laws for and use of 7 4 1
Monopoly provisions against 4 2 4
Municipal Corporationsee City
N
Names of children changed by Courts 3 7 18
Navigation Companies chartered by Legislature 3 7 18
Navy of State Governor is Commander of 5 1 11
New trial in criminal cases authorizes second trial 118
In criminal cases may be granted on conviction 12 1
May be granted by Superior and City Court 6 4 6
54
NewContinued
A Sf F
Counties not to be formed 11 1 2
Notaries Public commissioned part of Judiciary 6 11
Appointment commission and powers 6 8 1
Novation of charter what shall so operate 4 2 3
O
Oath of voter if challenged 2 12
Of member of General Assembly 3 4 5
Of Governor 5 1 10
To pleas 6 4 7
Obligation of contracts not to be impaired by law 13 2
Of contracts heretofore made by State binding 4 2 6
Office illegal holders of public money ineligible for 2 4 1
Who may not hold 2 2 1
Impeachment removes from and disqualifies for 3 5 5
Profiting from use of public money disqualifies for 7 1
Conviction of Duelling disqualifies for 2 4 2
Religious opinion does not disqualify for 1 1 13
In gift of Governor or Legislature legislator disqualified for 3 4 7
Malefeasance in disfranchises 2 2 1
Officers are trustees of the people and amenable to
them Ill
Of one department disqualified to act in another 1 1 23
Returns of election of where made 2 6 1
Of State or the United States disqualified for Legislature 3 4 7
Of Militia or Justice of the Peace may be legislator 3 4 7
Of General Assembly who are 5 11
Of Executive Dapartment who are 3 8 1
Of Executive Department report suspension and
removal of 5 1 18
Profiting from use of public fund punishable 7 9 1
Extra compensation to after service prohibited 7 16 2
Not to be interested in Public Printing 7 17 1
Not to levy on Homestead 9 2 1
Of County election removal and qualification of 11 2 1
Of county to be uniform except Commissioners 11 3 1
Now existing to continue till successor qualified 12 1 7
Order passed by Legislature must have Governors approval 5 1 17
Ordinances rejected not to be again proposed unless by
twothirds vote 3 7 13
Must have but one subjectmatter and same as title 3 7 8
Of the Convention authority of 12 13
55
Ordinances Continued
a s P
Of the Convention to have effect of laws 12 1 8
See Ordinances in Appendix
Ordinary Courts of parts of Judiciary 6 4 4
Courts of jurisdiction of 6 6
Term of office
Origin of Government is with the people 1 1 1
P
Papers secure from search and seizure except as provided 1 H 16
Pardon removes political disabilities of convict 2 2 1
Of Duellists removes political disabilities of convict 2 4 2
Power in Governor must report to the Legislature 5 1 12
Passage of bills readings necessary 3 7 7
Of Bills majority of all members necessary 3 7 14
Passenger Tariffrestriction on 4 2 l5
Paupers jurisdiction of Ordinary 6 6
Affidavit relieves from costs in Supreme Court 6 21 1
Tax for support of
pay8ee Compensation Salary
Peace soldiers not to be quartered in houses in time of 1 1 19
Governor is conservator of 1 12
Penitentiary crimes punishable in to be tried in Superior Court 6 4 1
Per diem of members of the Legislature 3 9 1
Perquisites not allowed officers Executive Department 5 2 7
Not allowed AttorneyGeneralr 6 13 1
From use of public funds by officers punishable 7 9 1
Persons and property to be protected by Government 112
Not to be molested for religious opinions 1 1 43
Eights not to be affected but by due process of law 113
May proseeute or defend in person or by attorney 114
Charged with offenses rights of 4 4 5
Life or Liberty not to be jeopardized but once for
same crime
Houses and papers secure from illegal search 4 4 16
Personalty amount of exemption of from levy and sale 9 11
Petitions and remonstrance right of guaranteed 1 4 24
Pleas under oath in certain cases required 6 4 7
Police of the State right of people to regulate 1 5 1
Power not abridged in favor of corporations 4 2 2
Policyholders in Life Insurance Companies protected 3 12 1J3
Poll tax not to exceed one dollar 7 2 3
Goes to educational purposes 8 3 1
56
A 8 P
Practice in courts of same grade to be uniform 6 9 1
Precincts for elections bow changed 3 7 18
President of Senate elected by Senate viva voce 3 5 2
Must sign acts 3 7 13
Per diem 3 9 1
Presides in joint session 3 10 1
Acts as Governor when 5 18
Press liberty of not to be curtailed l 1 15
Printing public to be let tolowest bidder 7 17 1
Prisoners not to be abused 1 l 9
Tax for support of by counties 7 6 2
Private ways to be allowed only on compensation paid 13 1
Acts authority of 12 1 4
Rights accrued by taw authority of 12 1 5
Privileges special not to be irrevocably granted 13 2
Special not be revoked Stis to do injustice 13 3
Probate jurisdiction in Ordinary 6 6 1
Proceedings of Legislature to be kept in journals 3 7 4
Of courts of same grade to be uniform 6 9 1
Process of taw necessary to affect persons in their rights 113
Proclamation of Governor calling extra session 5 1 13
Of Governor on ratification of Constitution 13 2 2
Prohibition writs of issued by Judge of Superior Court 6 4 5
Prolongation of Legislative session by twothirds vote 3 4 6
Resolutions not submitted to Governor 3 7 23
Promissory notes spits on where tried 6 16 5
Property of person not to be molested for religious opin
ions 1 j 13
Protection to shall be impartial and complete 112
Not taken for public use without compensation 13 1
Concealed by debtor to be reached by taw l 2 6
Of wife not subject to husbands debts 3 11 1
List of exempt from tax 7 2 2
Amount of exempt from levy and sale 9 1
Protection to person and property paramount duty of
Government 112
Prosecution rights of defendants in cases of 115
Provision waiver of exemption of restricted 9 3 1
Public Funds embezzlement of disfranchises 2 2 1
Officer not to receive profit from use of 7 9 1
Treasurer not to receive profit from use of 2 5
ee Money
Public use of private property without compensation
prohibited 1 1
Buildings jurisdiction of Ordinary 6 6 2

57
A S P
Public Continued
Buildings tax by county for authorized 7 6 2
Debt and institutions tax for 7 1 1
Property charitable institutions and libraries exempt from tax 7 2 2
Printing let to lowest bidder 7 17 1
Printing officers of Government not to be interested in 7 17 1
School systemsee Education 8 11
Publication of ones sentiments right of not to be curtailedf 1 1 15
Journal of General Assembly 3 7 4
Receipts and disbursements of Treasury 3 7 11
Intention to introduce Local Biils 3 7 15
Reports of Secretary of State Comptroller and
Treasurer 7 15 1
Proposed amendment to Constitution 13 1 1
Punishment for crime by whipping or banishment prohibited 1 1 7
For contempt by Courts limited 1 1 20
Not to be cruel or unusual 119
Purchase of State Bonds with sinking fund 7 14 1
Money homestead liable for 9 2 1
Purchasers of old homestead how affected 9 8 1
a
Qualification for Governor 5 17
For Senator 2 5 1
For Representative 361
Each House to judge of as to its own members 3 7 1
Of Secretary of State Comptroller and Treasurer 5 2 6
Judges Supreme and Superior Courts Solicitor and
AttorneyGeneral 6 14 1
County officers 11 2 1
Quarantine tax by county for expenses of 7 6 2
Quorum of each branch of Legislature is a majority 3 4 4
Of Supreme Court 6 2 1
B
Railroad may be incorporated by Legislature3 7 18
Freights and Tariff subject to legislation 4 2 1
May build branch roads free from conditions of4 2 3
Shall not deceive public ag to rates 4 2 5
See Corporations
Railway Street not to run in City without its consent 3 7 20
58
A S P
Rates of freight and passage subject to legislation 4 2 1
Public not to be deceived as to amount charged 4 2 5
Realty Homestead of 9 1
Re bat e of rates charged by Railroad not allowed 4 2 5
Recognizance when Legislature may relieve from forfeiture of 3 7 19
Reelection Governor not eligible for four years after
two terms 5 12
Registration of Electors may be required by law 2 2 1
Rejection of nomination by Senate effect of 5 1 15
Of bill by Legislature effect of 3 7 13
Religious opinion civil and political rights not affected
by l l 13
Denomination not to receive money from State 1 1 14
Worship places of may be exempt from tax 7 2 2
Remittance of sentence in power of Governor 5 1 12
Of forfeited Charter only on conditions 4 2 3
Remonstrance and petition right of guaranteed 1 1 24
Removal of legislator from district vacates bis seat 3 4 8
Of disabilities in power of Governor 5 112
Of Secretary of State Comptroller and Treasurer 5 1 18
Of Justice of the Peace for malepractice 6 7 3
Of County Officers 11 2 1
From office effect of Impeachment 3 5 5
Repealing law form of 3 7 17
Reports of Insurance Companies to the Governor 3 12 5
Of Treasurer and Comptroller to the Governor 7 15 1
Representatives election and term of 3 4 12
Qualification of 3 6 1
House of part of General Assembly 3 1 1
Number and Apportionment of members of 3 3 1
Apportionment how changed 3 3 2
Representatives House of Speaker of how elected 3 6 2
Clerk of compensation and bond of 3 8 1
Impeaching power vested in 3 6 3
Local and Special bills must originate in 3 7 15
Appropriation and Revenue bills must originate in 3 7 10
Journal ofsee Journal
Representation of Constitutional Convention apportionment of 13 1 2
Reprieve in power of Governor 5 1 12
Residence requisite to vote 2 12
Resignation of Governor who acts in case of 5 18
Resolutions of Appropriation must be passed by yeas
and nays 3 7 12
Resolutions Continued
A s P
Requiring Governors approval 5 1 17
Requiring a twothirds vote yeas and nays must be
q 7 01
recorded o
Having effect of law result of rejection 3 7 13
Retroactive legislation prohibited 1 3 2
Returns of election of legislators each House to judge
for itself 3 7 1
To whom made 2 B 1
Of Governor how made 5 14
Of Governor how published 5 15
Of Secretary of State Comptroller and Treasurer 5 2 1
On Ratification of Constitution 13 2 2
Revenue Bills must originate in House of Representatives 3 7 10
Deficiencies of in State supplied by loans 7 3 1
Deficiencies of in ounty or City 7 7 1
And roads County Commissioners for 11 3 1
Rights not enumerated are not denied 1
Roads jurisdiction in Ordinarym 6 6 1
Tax for keeping up by County 7 6
And revenue County Commissioners for H 3 1
S
Sailor in U S Service not entitled to vote because not
stationed hereIH
p 1 o
Salary of Governor 0 1
Of Treasurer Secretary of State and Comptroller 5 2 234 Of Judges of Supreme and Superior Courts Attorney and SolicitorGeneral 6 13 1
Of Judges of Supreme and Superior Courts how
1 O 9
changed o to
Of State School Commissioner 82 1
Sale of Sates property proceeds to go to public debt 7 13 1
Exemptions from 9 11
Of homestead how affected 9 3 1
Of old homestead how affected 9 9 1
Of old homestead heretofore made ratified 9 8 1
Savannah errors of City Court of corrected in Supreme
Court 6 2 5
Scire facias writ of issued by Judge Superior Court 64 5
Schools Public how established by city or county 8 4 1
Public existing local system not affected 8 5 1
Not public may share school fund when 8 5 1
See Education
Seal Great use and design of 5 3 1
Search of persons houses and papers warrant for 1 1 16
Seconds in Duel on conviction disqualified for office 2 4 2
60
Jx 5
Secretary of State returns of election to be made to 2 6 1
Officer of Executive Department 5 11
Election ofi g 2 l
Salary and Clerk hire of 5 2 3
Eligibility and Bond of 5 2 6
Perquisites to forbidden 5 2 7
Is keeper of Great Seal 5 3 1
Senate compensation and bond of 3 8 1
Governor compensation of 5 1 19
Securities on forfeited recognizances when relieved 3 7 19
Seizure of persons and papers provisions against 1 1 16
Seminaries of learning may be exempt from tax 7 2 2
Senate is a branch of General Assembly 3 1 L
Consists of 44 members 3 2 1
May propose amendments to appropriation and rev
enue bills 3 7 10
Impeachments to be tried before 3 5 3
Senate nomination rejected by effect of 5 1 15
President and Secretary ofsee President and Secretary
Senatorial Districts number composition and change of 3 2 123
Senators number not to be increased 3 2 3
Election and term of 3 4 i2
Qualification of 3 5 1
Sentence commuted br remitted by Governor 5 1 12
Servitude involuntary except as punishment for crime
prohibited 1 1 17
Sessions of General Assemblysee General Assembly
Of Supreme Court 6 2 5
Of Superior Courti g 4 g
Of Justices Court g 7 2
Setting aside homestead laws to be provided for 9 4 1
Shares in one corporation not to be bought by another to
monopolize 4 2 4
Shows special tax on goes to educational purposes 8 3 1
Sinking fund provided for 7 14 1
Site of bounty how changed u 1 4
Slavery forbidden 4 4 47
Social status of citizen not subject of legislation 1 1 18
Soldiers not to be quartered in private houses except
when 1 1 19
Of U S not to vote on account of being stationed
here 2 12
Artificial limbs for maimed Confederates 7 l 1
til
A S P
SolicitorGeneral term of office and duties of 6 l 12
Election by the Legislature 6 12 1
Salary of 6 13 1
Qualification of 6 14 1
Speaker of House of Representatives how elected 3 6 2
Must sign Acts 3 7 13
Per diem of 3 9 1
Acts as Governor when 5 1 8
Special law not to be enacted when provision is made by
general law 14 1
Changing general law in particular cases how passed 14 1
For benefit of corporation conditional 4 2 3
Election of Governor 5 19
See Local
Speech Liberty of not to be curtailed 1 1 15
State aid to corporations or persons in any manner prohibited 7 5 1
State aid by donation prohibited 7 16 1
To religious donation prohibited 1 1 14
Printer office abolished 7 17 1
Statement of Treasurer to be published 3 7 11
Stockholder in corporation State county or city not to be 7 56 1
Street railroad not to run in city without consent of authorities 3 7 20
Suits may be brought by or against counties 11 1 1
Against State to test void or Confederate bonds prohibited 7 11 1
See Venue
Superior Court is part of Judiciary 6 11
Jurisdiction of exclusive 6 4 1
Jurisdiction of general and appellate 6 4 34
Jurisdiction of to issue extra writs 6 4 5
Appeal and new trials in 6 4 6
Appeal from Ordinary to 6 6 1
Appeal from Justices to 6 7 2
Sessions of 6 4 8
Judge one for each circuit and term of 6 3 1
Election of 6 12 1
Salary and qualification of 6 1314 1
May change venue when 6 17 1
May preside in Supreme Court when 6 2 2
May preside in City ourt when 6 5 1
Appoints Notary Public ex officio Justice of the Pea e 6 8 1
Sanctions sale of Homesteads 9 38 1
Supplemental Homestead laws to be provided for 9 5 1
62
A S P
Supreme Court part of Judiciary 6 1 1
Constitution of 6 2 1
Jurisdiction sessions and practice 6 2 5 67
Cost in and paupers affidavit 6 21 1
Judges election and term 6 2 4
Judges election and vacancies bow filled 6 12 1
Salary and qualification of 61314 1
When disqualified in particular case 6 2 2
Suspension from office of Secretary of State Comptroller
and Treasurer 5 1 18
T
Tax to be paid before voting2 12
Defaulters ineligible to Legislature 3 4 7
By county Ordinarys jurisdiction 6 6 2
By county or city to meet bonded indebtedness 7 7 2
By county or city for school purposes 8 4 1
By county limited to certain purposes 7 6 2
May be imposed by Legislature for what purpose 7 11
Must be uniform ad valorem and by general law 7 2 1
On domestic animals of vicious nature 7 2 1
Exemptions from other exemptions void 7 2 24
Poll for educational purposes 7 2 3
Special for educational purposes 8 3 1
States power to impose not to be restrained 4 1 1
Of corporations not to be surrendered 7 2 5
To raise a Sinking Fund 7 14 1
Lien good against Homestead 9 2 1
Act authority of 12 1 3
Act must originate in the House 3 7 10
Telegraph Companies may be incorporated by Legislature 3 7 18
Terms of office of Governor 5 12
Secretary of State Comptroller and Treasurer 5 2 1
Judge of Supreme Court 6 2 4
Judge of Superior Court 6 3 13
Justice of the Peace 6 7 1
Ordinary 6 6 3
Attorney and SolicitorGeneral 61011 1
State School Commissioner 8 2 1
County officers 11 2 1
Members of General Assembly 3 4 l
Testimony criminating himself witness not obliged to
give 116
Title law must not contain matter different from 3 7 8
To land cases involving where brought 6 16 2
TitleCord inued
a s P
To land cases involving jurisdiction in Superior
Court 6 4 1
Treason what is and howT convicted of 12 2
Conviction of disfranchises 2 2 1
Pardon respite or commutation for 5 1 12
Treasurer election and term of office 5 2 1
Examination by Governor 5 1 18
Officer of Executive Department 5 1 1
Removal of 5 1 18
Salary and Clerks hire of 5 2 2
Perquisites not allowed 5 2 7
Fee other than salary not allowed to 5 2 5
Bond and qualification of 5 2 6
To receive deposits from Fire Insurance Companies 3 12 4
To make quarterly reports to Governor 7 15
And Governor authorized to loan Sinking Fund 7 14 1
Draw money from Treasury in what manner 3 7 11
Treaty force and authority of 12 1 1
Trial a speedy and impartial one is the right of defendant 115
By jury remains inviolate 6 18 1
Tribunals in the various counties to be uniform 11 3 1
Trustees of the people public officers are Ill
The University of Georgia may accept donations etc 8 6 1
Families of minor children entitled to Homestead 9 11
U
Unexpired term of Governor special elections 5 19
Judges of Supreme Court 6 2 4
Judges Supreme and Superior Courts Attorney and
SolicitorGeneral 6 12 1
Uniformity required in operation of general laws 14 1
In county officers and tribunals 11 3 1
In courts of same grade 6 9 1
In taxation 7 2 1
University of Georgia appropriations to 8 6 1
United States Constitution acts in violation of void 14 2
Treaties and laws authority of 12 1 1
Soldiers not entitled to vote for being stationed here 2 I 2
V
Vacancy in office of Governor 5 18
Judge of Supreme Court 6 2 4
Judge of Superior Court 6 3 2
Judge Supreme and Superior Courts and Solicitor
General 6 12 1
V acancyContinued
a s p
Membeis General Assembly 5 1 13
Governor may fill when not otherwise provided 5 1 14
Validity of bonds not to be tried by Judge who is interested 6 2 3
Declared void by Constitution not subject to suit 7 11 1
Valuation of Homestead laws to be provided for 9 4 1
Venue in cases of divorce 6 16 1
Of land titles 6 16 2
Of Equity 6 16 3
Against joint obligors acceptors endorsers etc 6 16 45
Civil and criminal generally 6 43 3
Civil and criminal changed how 6 17 1
Verdicts judgments without when 6 4 7
First and second in divorce cases 6 15 1
Veto of Governor overruled by twothird vote 3 7 23
Viva voce voting by General Assembly 3 10 1
Void bonds of State not to be paid 7 11 1
Volunteer companies organization of 10 l 2
Not paid unless called out by State 10 1 3
Vote by the people shall be by ballot 2 11
Who is entitled toOath of voter 2 1 2
Who not entitled to 2 2 1
By General Assembly to be viva voce 3 10 1
Of twothirds being required yeas and nays must be
recorded 3 7 21
Of twothirds being required does not do away with
Governors approval 3 7 23
Of twothirds overrides Governors veto 3 7 23
Of General Assembly having effect of law submitted
to Governor 5 1 17
Of General Assembly in elections must appear in
House Journal 3 10 1
W
Waiver of Homestead 8 3 1
Of old exemption 9 5 1
War bonded debt may be increased for purposes of 7 12 1
Debt of county or city for may be assumed by State 7 8 1
Debt may be contracted to defend State in time of 7 3 1
Quartering soldiers in house in time of 1 1 19
Tax to defend State in time of 7 11
Warrant for search how obtained 1 1 16
Ways private may be granted after compensation paid 13 1
Wearing apparel waiver of exemption on limited 9 3 1
Western Atlantic R R if sold proceeds how applied 7 13 1
5
A S P
Whipping as punishment for crime prohibited 117
White and colored public schools to be separate 8 11
Wifes property is her separate estate after marriage 3 11 1
Wild Land Clerk compensation of 5 2 4
Witnesses in criminal cases rights of defendant as to I 1 5
Not compelled to criminate themselves 116
Two necessary to convict of treason 1 2 2
Worship of God may be according to conscience 1 1 12
Places of may be exempt from tax 7 2 2
Y
Yeas and Nays to be recorded in Journal
At request of onefifth 3 7 6
n appropriation bills and resolutions 3 7 12
When twothirdsvote is required 3 7 21
On amendments to Constitution 13 1 1
GA 11

3 21D G531 5477