THE LIBRARIES
THE
UNIVERSITY OF GEORGIA
p
MANUAL
OF THE
General Assembly
189293
PREPARED UNDER JOINT RESOLUTION OF THE SENATE AND HOUSE OF REPRESENTATIVES
ATLANTA GEORGIA
GEO W HARRISON State Printer Franklin Publishing House
ATLANTA GEORGIA
GEO W HARRISON State Printer Franklin Publishing House
1892
2cecutive Jepartrrieftfc
STATE OF GEORGIA
W J NORTHENGovernor
JAMES W WAEREN
W H HARRISON Secretaries
STANHOPE SAMSClerk Executive Department
J M KELLAdjutant Genl and K P B and G
COOKSecretary of State
WM A WRIGHTComptrollerGeneral
ROBERT U HARDEMAN Treasurer
J M TERRELL AttorneyGeneral
S D RRADWELL State School Commissioner
T NESBITTCommissioner of Agriculture
GEO H JONESPrincipal Keeper of Penitentiary
Dr WODANIELPrincipal Physician Penitentiary
AT
m
LIBRARIES
MEMBERS AND OFFICERS OF
THE SENATE OF GEORGIA
189293
President
A S CLAY 35th District Marietta
President Pro Tempore
W A WILSON 13th District Americus Secretary
WM AUGUSTUS HARRIS Isabella
Assistant Secretary
HENRY H CABANISS Atlanta
Journalizing Cleric
J TROUP TAYLOR Atlanta
Calendar Cleric
S BARNARD CORN Atlanta Message Cleric
W E CANDLER Blairsville
Enrolling and Engrossing Clerks
J E STROTHER Amity
WALTER C BEEKS Griffin
D D LOVETT Greenville
C S PHILLIPS Marietta
I B HUDSON Preston
Chas T ZACHRY McDonough
Messenger
D T PAULK Minnie DoorKeeper
R E WILSON Spring Place
First DistrictChatham Bryan and Effingham
H G WRIGHT Pineora
Second DistrictLiberty Tatnall and McIntosh
W A WILCOXDarien
Third District Wayne Pierce and Appling
E M CRAWFORD Blackshear
Fourth DistrictGlynn Camden and Charlton
J S RUSSELL Tompkins
Fifth DistrictCoffee Ware and Clinch
F B SIRMANS Du Pont
Sixth DistrictEchols Lowndes and Berrien
E L MOORE Valdosta
Seventh DistrictBrooks Thomas and Colquitt
W S HUMPHRIES LQuitman
Eighth DistrictDeqatur Mitchell and Miller
J H SCAIFE Camilla
Ninth DistrictEarly Calhoun and Baker
Tenth DistrictDougherty Lee and Worth
W E WOOTENAlbany
Eleventh DistrictClay Randolph and Terrell
CLARENCE WILSON vFort Gaines
Twelfth DistrictStewart Webster and Quitman
W W FITZGERALD Omahax
Thirteenth DistrictSumter Schley and Macon
W A WilsonAmericus
Fourteenth DistrictDooly Wilcox Pulaski and Dodge
J J DENNARD VEdna
Fifteenth DistrictMontgomery Telfair and Irwin
T J SMITH LNielly
Sixteenth DistrictLaurens Emanuel and Johnson
A F DALEY Wrightsville
Seventeenth DistrictScreven Bulloch and Burke
G S JOHNSONr AStatesboro
Eighteenth DistrictRichmond Glascock and Jefferson
C A ROBBE Augnsta
Nineteenth DistrictTaliaferro Greene and Warren
J L SMITH P P Ruth P 0
Twentieth DistrictBaldwin Hancock and Washington
IK C MATTHEWS 4TenniUe
7
Twentyfirst District TwiggsWilkinson and Jones
FRANK CHAMBERS Irwinton
Twentysecond DistrictBibb Monroe and Pike
J S POPEZebulon
Twentythird DistrictHouston Crawford and Taylor
3 S MONKAi Butler
Twentyfourth DistrictMuscogee Marion and Chattahoochee
S B HATCHER Columbus
Twentyfifth DistrictHarris Upson and Talbot
A P PERSONS Talbotton
Twentysixth DistrictSpalding Butts and Fayette
A O BLALOCKFayetteville
Twentyseventh DistrictNewton Walton Clarke Oconee and
Rockdale
E F EDWARDS L Covington
Twentyeighth DistrictJasper Putnam and Morgan
H A JENKINS AEatonton
Twentyninth DistrictWilkes Columbia McDuffie and Lincoln
M P REESE Washington
Thirtieth DistrictOglethorpe Madison and Elbert
J P GHOLSTON Comer
Thirtyfirst DistrictHart Habersham and Franklin
LOUIS DAY ISToccoa
Thirtysecond DistrictWhite Dawson and Lumpkin
W A REAVESAACleveland
Thirtythird DistrictHall Banks and Jackson
J K THOMPSONIHomer
Thirty fourth DistrictGwinnett BeKalb and Henry
C W SMITHEdgewood
Thirty fifth District Clayton Cobb and Fulton
A S CLAY A Marietta
Thirtysixth DistrictCampbell Coweta Meriwether and Douglas M B PINSONNewnan
Thirtyseventh DistrictCarroll Heard and Troup
P H WHITTAKER Franklin
Thirtyeighth District Haralson Polk and Paulding
B F WRIGHT Youngs
Thirtyninth DistrictMilton Cherokee and Forsyth
J M McAFEECanton
Fortieth DistrictUnion Towns and Rabun
T A ROBINSON WKSBmTallulah Falls
Fortyfirst DistrictPickens Fannin and Gilmer
W D SMITH Morganton
Fortysecond DistrictBartow Floyd and Chattooga
FELIX CORPUT CaVe Spring
Fortythird DistrictMurray Gordon and Whitfield
E W REMBERT Spring Plae
Fortyfourth DistrictWalker Dade and Coosa
A T HAOKETTJgRinggold
STANDING COMMITTEES
Wright 1st Fitzgerald Johnson Reese OF THE SENATE EDUCATION Humphries Chairman Wilson 13th Smith 15th Thompson Wilcox
Whitaker Smith 19th PUBLIC PROPERTY Wilson 11th Chairman Russell Pope
Blalock Hatcher Moore Rmus BANKS Persons Chairman Corput Chambers Johnsop
10
PETITIONS
M athe ws C h ai raa n
Reaves Smith 19th
Sirmaus Wilson 13th
RAILROADS
Jenkins Chairman
Humphries Hatcher
Davis Wright 38th
Mathews Pope
Persons Crawford
Daley Hackett
Corput Smith 41st
Gholston McAfee
Rembert Monk
Scaifie Reese
STATE OF THE REPUBLIC
Pinson Chairman
Mathews Wilcox
Rembert Wright 1st
Hackett Davis
Thompson Reese
SPECIAL JUDICIARY
Edwards Chairman
Wilson 11th Chambers
Persons Wooten
Johnson
1 i
PRIVILEGES AND ELECTIONS
Wooten Jenkins Davis Wright 1st DaleA Chairman Pinson Wilson 11th Hatcher
Pope Robbe Wright 1st MILITARY AEFAIRS Wooten Chairman Davis Wilson 11th Blalock
Smith 34th Moore Persons STATE LIBRARY Chambers Chairman Whitaker Reese Robbe
IMMIGRATION AND LABOR
Gholston Monk Persons Pope Chairman Whitaker Wooten Robinson
12
ACADEMY OF THE BLIND
Wright 38th Chairman
Smith 19th Robbe
Smith 15th Smith 41st
Reaves Russell
Wright 38th
Wilcox
Jenkins
Scaifle
Russell
McAfee
13th Chairman
Simians Dennard Smith 15th Wright 1st Mathews Hatcher
LUNATIC ASYLUM Wilson
AUDITING
Sirmans Chairman Corput Edwards
PRINTING
Robinson Chairman
Russell Humphries
Smith 41st Hatcher
Fitzgerald
Datey
Dennard
Gholston
Crawford
Hatcher
Humphries
Davis
Wooten
Daley
Hackett
Scaifie
Jenkins
Smith 34th Keese Jenkins Hatcher
ENGROSSING
Johnson Chairman
Blalock
Pope
HALLS AND ROOMS
Scaiffe Chairman
Reaves Smith 34th Wright 38th
GENERAL JUDICIARY
Reese Chairman
Edwards
Pope
Chambers
Wilson 11th
Smith 34th
Whitaker
Johnson
PUBLIC ROADS
Davis Chairman
Mathews
Corput
Edwards
if
PRIVILEGES OF TIIE FLOOR
Whitaker Chairman
Johnson Rembert
MANUFACTURES
Blalock Chairman
Chambers Sirmans
Denuard Wilson 13th
Blalock
Chambers
MINES AND MINING
Robinson
Rembert
McAfee Chairman
Smith 41st Reaves
AGRICULTURE Fitzgerald Chairman
Gholston
Corpnt
Crawford
McAfee
Monk
Reaves
Wilson 13th
Rembert Russell Sirmans Smith 19th Smith 41st Thompson
io
NTE UK AL IMPROVEMENT
Humphries
Chambers
Robinson
Gholston
Rembert
Wilcox
Raley Edwards McAfee Pierson Corput
Robbe
Blalock
Persons
Fitzgerald
Johnson
Moore
McAfee
Smith 19th
Hatcher Chairman
Fitzgerald
Wilson 13th
TEMPERANCE
Wright 1st Chairman
Wilson 13th
Corput
Hackett
PUBLIC SCHOOLS
Robbe Chairman
Pope Robinson Smith 19th Smith 34th Whitaker
finance
Corput Chairman
Smith 15th
Pinson
Sirmans
Mathews
Monk
Jenkins
Wilcox
i
Academy of deaf and dumb
Smith 15th Chairman
Moore Crawford
Wright 1st Dennard
Wright 38th Wilson 18th
Thompson Pinson
McAfee Blalock
Smith 41st
CORPORATIONS
Smith 34th Chairman
Edwards Robbe
Fitzgerald Scaiffe
PENITENTIARY
Hackett Chairman
Pinson Robinson
Scaiffe Sirmaus
Fitzgerald Smith 41st
Moore Corput
Gholston Dennard
Thompson Smith 15th
Rembert Reaves
Davis Crawford
17
Versons Sirmans Pope ENROLLMENT Monk Chairman Chambers Corput
Wilcox Gholston JOURNALS Fitzgerald Chairman Pinson Robinson
HYGIENE Robbe Chairman
Wright 38th District Russell
Smith 15th District Wright 1st District
Humphries Wooten 10th District
Robinson
THE PRESIDENT
Rule 1 The President shall in his discretion suspend jcretion irrelevant debate and command silence whenever he maydent deem it needful
Rule 2 In all cases of election by the Senate the Presi when dent shall vote In other cses he shall not vote unless the shall vote Senate shall be equaly 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 th same the President may vote Right of
Rule 3 When two or more Senators shall rise at the the flooto same time the President shall name the Senator entitled to by theCkled proceed t President
Rule 4 All committees shall be appointed by the Presilpoint dent unless otherwise ordered by the Senate committees
Rule 5 The method of stating the question or any motion Method of
1 J stating a
by the President shall be as follows All in favor of the question by
President
motion will say Aye Those opposed will say No And when a decision may seem doubtful to the President or a division of the Senate is called for by any one member of Th e Senate the President shall call upon the Senators in favo r of the motion to rise and after a count is had by 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 namemftyname any Senator to perform the duties of the Chair during any to
part of that sitting but no longer
Rule 7 Whenever from any cause the Presidentshall beyof absent the President pro tempore shall preside and if both whenPresishall be absent the Secretary of the Senate shall call the absent Senate to order and shall preside until a President pro tempore shall be elected which said election shall be the first
22
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 when no Rule 8 Onfall appeals on questions of order of a personal appeals011 character there shall be no debate
Appeals to Rule 9 All appeals from the decisions of the Chair shall oncea 6 a be made 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
Rule 10 The President shall have power to suspend the
Power of
President Messenger and Doorkeepers for misconduct or neglect of subordin duty and when such suspension has been made he shall cers 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 may order galleries and lobbies of the Senate cleared by the MesIndTobbies senger and Doorkeepers in case of disturbance or disorderly conduct therein and to cause any person or persons so offending To be arrested and brought before the bar of the Senate to be dealt with for contempt of the Senate
No quorum Rule 12 When less than a quorum vote on any subject tyoffu under consideration by the Senate the President may order the bar of the Senate to be closed and the roll of Senators i 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 be deemed a contempt of the Senate
when Rule 13 The President may at any time order the roll may order called on any question and take the vote by yeas and nays byyeasand where a division of the Senate disclosed the fact that a quonays rum of tjieSenate has not voted
Decision on Rule 14 All questions as to the priority of business rpy to be acted on shall be decided by tbe President without debate
23
ON DECORUM AND DEBATE
Rule 15 When any Senator is about to speak in debate conduct of U nr deliver any matter to the Senate he shall arise from his in debate seat and respectfully address himself to Mr President
He shall be confined to matter in debate shall not speak more than tvice 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 permitted to explain The Senate shall if appealed to decide and if the decision of the Senate be not Appeals 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 Senate by a twothirds vote of the Senators which isaid vote shall be taken by ayes and nays
Rule 16 If any Senator be called to order for words Exception spoken the words excepted to shall be taken down in spoken writing by the Secretary and read 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 theretoBut no Senator shall be held to answer or be subject to the censure of the Senate for words spoken in debate if any other Senator has spoken or other business has intervened lifter the words were spoken and before the exception to them was taken
Rule 17 The members of the Senate shall forbear fromsiieace private conversation and preserve silence until a speaking Senator shall have taken his seat
Rule 18 The Senators shall avoid naming each other wheqiviode l they may have occasion to take notice of their observations ing Senabut may designate them by the districts they represent
Rule 19 No Senator shall vote upon any question in the shall not result of which he is personally interested and in every interested case where the seat of a Senator is being contested the sitting Senator and the contestant shall both retire from the Senate before the vote is taken
24
Protests Rule 20 Any Senator may enter a protest in writing against the 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 2L No Senator shall pass between theCJiair and a andfataci Senator while he is speaking nor shall any Senator at the journment time of adjournment leave his seat until the President fjfgjj retires
Matters
inaSSg Rule 22 No Senator shall in debate refer to any private indprwlte conversation had with another Senator or to any matters notobJn which have transpired in any committee or in the SenateAppiaue Rule 23 Applause or hisses in the Senate chamber or in forbidden the galleries or lobby during any speech or legislative proceedings shall be promptly suppressed
ngbate Rule 24 During calling or reading of yeas and nays yeas and on any question no debate shall be had
Only one Rule 25 No Senator can make more than one motion at
motion can
be rnadeata time and while the motion is being put to the Senate he a ime must resume his seat and he is not further entitled to the floor unless again recognized by the Presideut
Expiana Rule 26 No Senator having asked and obtained leave of the Senate to explain his vote on any question before the Senate shall be allowed more than ten minutes for such explanation unless said time is extended by a vote of the Senate
Reading of Rule 27 When the reading of any paper is called for and the same is objected to by any Senator it shall be determined by a vote of the Senate and this motion shall be decided without debate
Motion to Rule 28 A motion to excuse a Senator from voting must when be made before the Senate divides or before the call of the
made
yeas and nays is commenced and it shall be decided without debate except that the Senator making the motion may from yeoSt briefly State the reason why in his opinion it ought to iDg prevail
25
DIVISION OF A QUESTION
Rule 29 Any one Senator may call for a division of theal1ior a
J J dims s
question on a subject in which the sense thereof will admit of it
Rule 30 The Senator calling for a division must state into Divisioa how many and definitely what parts he would have the how made 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 Bills and order in which they stand on the calendar and before read canedki1 ing any bill or resolution the second or third time theorder 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 atQustiori the first reading and the question shall be Shall this bill reading 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 favor favorable able to the passage of the bill the same shall be read a second committee time and passed to a third reading without question Where the report of a committee is adverse to the passage of a bill poreofere on the second reading thereof the question shall be on agree commitee ing 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 Tranrais
sion to
House on the day of the passage thereof unless a maioritvHois by
J majority
of the Senators present shall so order vote
Rule 34 No bill shall be printed until after the same hasBills when i
i printed
been reported to the Senate by the committee to which it it has been referred or by request of said committee and the order of the Senate agreeing thereto
26
Bins and Rule 85 All bills and resolutions shall be written or tobeinns Panted and shall have the name of the Senator introducing Howin the same as well as the district he represents indorsed on dorsed the back of the same and in the case of hills the caption of the bill shall also be indorsed on the same
Reports of Rule 36 Where a bill or a resolution has been referred
commitr
feactiorneran rePore 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
PRECEDENCE OF MOTIONS
Order of Rule 37 When any subject is before the Senate for conprecedencegyration or under debate no motion shall be received except the tollowing 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 der named
MOTION TO ADJOURN
Not debat Rule 38 A motion to adjourn is in no instance debatable may be re nor shall said motion be made a second time until further newed progress has been made in the business before the Senate when de Rule 39 A motion to adjourn to a particular day or for batabie a particular time is debatable
When Rule 40 The motion to adjourn can be made at any time made when the Senator moving it can legitimately obtain the floor
when not Rule 41 A motion to adjourn may be made after the oor er motion for the previous question has been sustained but when the Senate 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 Secretary has
27
called the first name of the yeas and nays and a vote of one Senator 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 When a motion to adjourn in its simple form Effect of prevails it adjourns the Senate to the next sitting day ormenttime in course
Rule 48 Whenever the hour of adjournment as fixed by ofe a prior resolution shall arrive while the vote of the Senate whatbusis being taken by the yeas and nays the session shall con pones binue until the final vote is taken and announced and if aid fixed hour of adjournment shall arrive 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 hall stand adjourned by virtue of said prior resolution
MOTIONS TO LAY ON THE TABLE Amend
ment or
substitute
Rule 44 No motion to lay an amendment or substitute cannot be on the table shall be in order bie
Rule 45 A majority of a quorum voting may take from Howmatthe table at any time when the Senate is not engaged on taken from any other measure any bill resolution or other paper which has been ordered to lie on the table
Rule 46 A motion to lay on the table or to take from When re the table can be renewed from time to time when newnewedbusiness has intervened between the votes
Rule 47 Neither the motion to lay on the table nor the JJf dbat motion to take from the table are debatable or amendable amendable
Rule 48 Nothing can be legitimately laid on the table what can excepting what can be taken up again
Rule 49 A motion to lay on the table may be made after whenin the motion for the previous question has been sustained but when the Senate has voted that the main question hall be now put no motion to lay on the table is in order
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Effect of previous question
Twenty minutes debate allowed
Vote how taken
Effect of main question being ordered
Reconsideration when in order
THE MOTION FOR THE PREVIOUS QUESTION
Rule 50 The motion for the previous question shall bedecided 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
Rule 51 When the previous question has been ordered the Senate 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 whosereport of the bill or other measure is under consideration to close the debate When 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
Rule52After the main question is ordered any Senator may call for a division of th Senate in taking the vote or may call for the yeas and nays
Rule 53 The effect of the order that the main question be now put is to bring the Senate to a vote on pending questions in the order in which they stood before it was moved
Rule 54 After the main question has been ordered nomotion to reconsider shall be in order until after the voteon the main question is taken and announced
29
Rule 55 In all cases of contested election where there iSeiectnd a majority and a minority report from the committee on privileges and electipns if the provious 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 or How called dered upon a single motion or an amendment or it may dered be made to embrace all 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 aii of the the previous question is ordered unless it shall appear when in upon an actual count by the President that a quorum is not present
Rule 58 All incidental questions of order arising after aens motion is made for the previous question and pending such motion shall be decided whether on appeal or otherwise without debate
MOTIONS TO INDEFINITELY POSTPONE
Rule 59 When a bill resolution or other measure isEffect under consideration 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 60 The motion to indefinitely postpone lays open Notamendthe whole question for debate but it cannot be amended
Rule 61 While the motion to indefinitely postpone takes when canprecedence over a motion to postpone to a day certain or applied to commit or amend yet this motion cannot be applied to said motions nor can it be appliedto 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 reJnewed on any bill resolution or other measure after the same has once been voted down
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MOTION TO POSTPONE TO A DAY CERTAIN
Rule 63 On a motion to postpone to a day certain it is not in order to debate the merits of the question proposed to be postponed Debate may be allowed but it shall be confined strictly to the proposition to postpone and to show why one day is preferred to another
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 ments how mav 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 wrays above mentioned but it isnot admissible to amend an amendment to an amendment
Bin first Rule 70 When a bill or resolution is before the Senate thlnthf for consideration and amendments are pending thereto substitute anq 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
Debate when and how allowed
Motion to commit
Precedence of
When
debatable
How
amended
Motion to recommit
31
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 adoptedas the case may be by substitute
Rule 71 An amendment cannot be offered after the reeio port of the committee to whom was referred the bill or amend 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 fhe anbe in 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 on in Priority the Senate the last amendment the most distant day and the largest sum shall be first put
Rule 74 Where blanks occur in any proposition they Blanks must be filled first before any motion is made to amend
Rule 7f The caption or preamble of a bill or resolution caption shall not be considered or amended until the measure has amended been perfected
Rule 76 When a proposition consisting of severalsections or resolutions 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 Amendout and inserting the Secretary shall read the paragraph as it striking is then the words to be stricken out and finally the whole serting paragraph as it would be if amended
Priority of Rule 78 When a motion is made to amend by striking uient to out a paragraph any amendment offered to perfect the parperfect agraph shall he put first before the question is put for striking it out
Housein ule When any or resolution which originated mentsd W the Senate has been amended in the House and is before the Senate for action on the House amendment an amendment may be offered in the Senate to the House amendment but the Senate amendment to the House See rule 136 amendment cannot be further amended it must be agreed to or voted down
Priority Rule 80 A motion to amend an amendment made by the House to a Senate bill or resolution takes precedence of a motion to agree or disagree to said amendment Priority of Rule 81 The questions which arise before the Senate on Souse respecting amendments by the House to a Senate bill or ments resoJ utiun 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
Motion to Rule 82 When the Journal of the preceding day shall onsi er jjg shall be in the power of any Senator to move for
a reconsideration of any matter therein contained except such matter as has been previously reconsidered provided such Senator shall notify the Senate of his intention to move such reconsideration at any time before the Journal is confirmed
shall not be Rule 83 The notice of a motion to reconsider shall not wahdrawn he withdrawn after the time has elapsed within which it might originally have been made
33
Rule 84 No matter shall be reconsidered more than whenthere
may be one
Once reconsider
Rule 85 Motions for reconsideration shall be in order Whe immediately after the confirmation of the Journal on theorderday succeeding 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
Rule 86 The action of the Senate upon an amendmentmentsf may be reconsidered at any time before final action upon considered the section bill or resolution to which it relates
Rule 87 All bills reconsidered shall take their place iiace of at the foot of calendar of bills then in order fora thirdCalendarreading
ABSENTEES
Rule 88 The rollcall at the opening of each session ofroifcaif the Senate shall not be dispensed with except by a major wTthTy ity vote of the Senators present majority
Rule 89 Upon the call of the Senators ordinary andName0f extraordinary the names of the absentees shall be noted by Stedtee the Secretary and shall appear upon the Journal
COMPELLING ATTENDANCE
Rule 90 The power to compel the attendance of Senators in order to keep or secure a quorum shall be vested in tendance the President and to this end he may have the doors of the Senate closed When the doors are so closed no Senator shall be allowed to retire from the Senate without first obtaining leave from the Senate
The Messenger of the Senate shall be ex officio Sergeantat SergeantArms of the Senate and on order of the President may atAmSi arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid
3s
Gall how ordered Subsequent pro ceedings
Messages
Messages When received and considered
Motions
Petitions
memorials
etc
4
Call of the sen at
Rule 91 Whenever the result of a vote taken shall disclose the fact that no quorum of the Senate is present or when the President 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 shall 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 called over and those who do not appear and wffio 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 is sent to the Senate it shall be announced 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 open except while a question is being put or a ballot or a viva voce vote is being taken A message shall be presented to the Senate by the President when received 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 Secretary it shall be deemed to be in the possession of the Senate but may be withdrawn at any time before decision by consent of the Senate
Rule 95 Any member presenting a petition memorial or remonstrance shall as concisely as practicable intimate
the name and object of the petitioner moralist 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 Ndebatethe order of business shall be decided without debate
Rule 97 Any motion not privileged containing newMotions
i i not privj
matter shall lie at least one day on the table leged
Rule 98 Whenever on any question the yeas and nays ueccni shall have 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 itNotneces snall not be necessary that the same shall be seconded ondmotion before being put to the Senate
Rule 100 After the announcement of the standing com eommitmittees no other Senators shall be placed thereon Unless and when itbe at the request of a majority of the committee to keenarge added thereto except when Senators have been elected to fill vacancies caused by death or otherwise the Presi ident may assign said Senators to such committees as he may see fit and he may fill any vacancy in chairmanships
Rule 101 No person shall be allowed to enter upon theofthSor floor of the 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
Rule 102 It shall be the duty of the Committee on Jour committee nais to read the Journal of each days proceedings andonJolirnals report to the Senate that the same is correct before the Journal is read by the Secretary
Rule 103 The hour to which the Senate shall stand addturn journed every day shall be 10 oclock a m of the succeeding day except Sunday unless otherwise ordered by the Senate
Rule 104 A motion for the call of the yeas and naysyeasand shall be decided without debate debatable
m
Signature Rule 105 All writs warrants and subpoenas issued by andrseSent order of the Senate shall be signed by the President and attary tested by the Secretary
Duty of Rule 106 It shall be the duty of the Messenger to attend Messenger the wantg of the genate while in session to aid m the enforcement of 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 fhe President
Messengers Rule 107 The Messenger under the direction of the Secreffitistary shall superintend the distribution by the Pages of all ments etc documents and 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 Wddenr resolution 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 ComeneDfer mittee of 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 beexcused by the President
Amend Rule 111 After commitment of a bill and report thereof to ments the Senate it may be amended before the report of the comtee is agreed to by the Senate but the amendments if any reported by the committee shall be diposed of before any other amendment be considered unless it be an amendment to a committee amendment
37
Rule 112 No motion on a subject different from thatMotlon 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
Rule 113 All reports of a committee shall be in writing and minorand the minority of a committee may make a report m ay reports writing setting forth succinctly the reasons for their dis
sent
Rule 114 Every motion to alter the rules of the Senate jSBte or for information from the Executive or departmentstable
shall lie on the table one day
Rule 115 On the call of the yeas and nays the Secretary Ranging
shall read the names of the Senators after tthev have been called and no Senator shall be permitted to change is vote unless he at that time declares that he voted under a
mistake of the question Questions
Rule 116 Questions of privilege shall be first those atgprivl fectingthe rights of the Senate collectively its safety dig nitv 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 pres Elections
ent shall be necessary to a choice
Rule 118 Any one of the foregoing Rules may be suspended by a twothirds vote of a quorum
COMMITTEES
Rule 119 The President shall appoint the following
itanding committees P
General Committee on Judiciary for consideration o
rnneral bills f
Special Committee on Judiciary for the consideration ot
special or local bills
Committee on Finance Committee on Corporations Committee on Railroads
38
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
Committe on Education
Committee on Public Schools
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
Committe 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 follovving shall be theorder 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
39
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 orders 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 proQuestions vided for in the foregoing Rules the same shall be controlled vided for by the rules usually governing parliamentary bodies
41
RULES
FOR THE GOVERNMENT OF THE SENATE IN EXECUTIVE SESSION
1 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 tfie 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 be placed on file
48
RULES
FOR THE GOVERNMENT OF THE GENERAL ASSEMBLY WHEN ASSEMBLED IN JOINT SESSION
1 The time of the meeting of the two houses 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 any commendatory 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
44
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 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 cegse to be in force when either house shall notify the other house of the withdrawal of its consent to the same
fficers
and
OF THE HOUSE OF REPRESENTATIVES
OF THE HOUSE OF REPRESENTATIVES
1892
Wm Y Atkinson of Coweta Speaker
Jno T Boifeuillet of Bibb Speaker fro fern Mark A Hardin Clerk
Chas P HaNsell Assistant Clerk
J N Hale 7 Journal Clerk
L D Puckett Calendar Clerk
C J Wellborn Jr Message Clerk
A N Cozart Engrossing Clerk
J R Smith of Coffee Messenger
R J Wilson Doorkeeper
LIST OF MEMBERS
OF THE
House of Representatives
ALPHABETICALLY ARRANGED
Adams A L
Allen J Y
Arnold A J
Ashburn W W
Askew W F
Ay cock J A
Bacon A O
Battle C E
Bell D P
Bennett J W
Bloodworth O H B
Bloodworth J P
Boifeuillet J T
Boynton J L
Booker J H
Brady Wright
Branch M I
Bridges J M
Brinson F L
Bryan W C
Brown S V
BoydJ H Jr
Burt W H
Butt E W
Calvin M V
Camp J G
Cain J W
Charters W A
Clifton Peter
Long Pond
Thomaston V
Monroe
Eastman
Warthen y
Whitosburg
Macon
Columbus
Elbertoiw
Jesupr
Forsyth
Gordon
Macon y
Morgan
Whitesville
Americus y
Berzelia y
Brooks Station
Girth
Rome
Hartwell
Thomson
Dawsonville
Blairsville
Augusta y
Douglasville V
Summerville
Dahlonega Y
Clifton
50
Cochran S R
a Cochran E H
Cumming Bryan
Davis W J Jr
Dean A M
Deal L L
Dempsey T J
Dennard E L
Dickey G M
Dolan J J
u Durham R L
England M V
Felton W H
Fleming W H 4
Freeman R A 8
Fergurson J T
Fulcher J L
Gaines J LA
Gray C W
Graham E D
Guerard R D
Goodman J T
Gordy FM
VHall J I
Hall J L V
Hall J II
Ham H W J
tHarrell B F jb
Harrison S R
Harrison Wm
Harrison W J
Hendley D H
Hendon W S
Heath J B
Hin h w
Hill E Y
Hodges Robert
yHolbrook J T
VHgan J R
Hodge M T
Hogg A D
Hopkins C Hg
Howard J D
I Howell W J
Hudson E L
Mableton
Camilla
Augusta v
Franklin
Leo
Harrison
Jackson
Perry S
Mineral BluffV1
Savannah 1
Elder y
Mountain Scene
Marshall villev
Augusta
West Point
Fergurson
Waynesboro
Flowery Branch
Graysville
Graham
Savannah
Gladesville
Cusseta
iGriffin
Thomasville
Norwood
Gainesville
Colquitt
Ceres
Georgetown
Big Sandy
Hawkinsville
Hogan sville
Girard
Greensville
Washingtony
Macon
Bold Spring
Agnes
Hawkinsville
Cedartown
Darien v
Milledgeville s
White Plains
Mimsville
51
Hudson W I
Hudson T G
Hurst M F
Johnson Harvey
Johnson R B
Jones J M
Jones E R
Jones W M
r Kendrick G M
Kendrick W C
Ji0endrick R T
Kennedy DL
Kimsey W T
King Porter
Keiffer J B
Knight H H
Lane J P U
Latham J L
Latimer L W
Lewis T L
Little Wm
Immsden T R
Martin E W
Marsengill J M
McBride J M
McDonald L F McCrimmon D F
McGarrity J C
McLemore L A McKajvG W F McWhorter Jos McWhorter W P
Mershon M L
Mitchell J H
Morton W J
Mozley J E
y Morris O T
Neel J M
Neel W J
Neisler Hugh
Norman J B Jr Nunnally Jno
OsborneW W
Overstreet Causey Pate J D
Hamilton
La Cross
SocialCircle V
Atlanta v
DuPont
Whigham
Albany
Jerusalem
Eli
Dawson
Sharon
Metier
Jonesboro
Atlanta
Springfield
Rays Mill
Sowliatchee Campbellton
Washington
Alpharetta
Louisville
v Ypsilanti
Atlanta p
Clayton
Tallapoosa
Lawrenceville
Rochelle
Shiloh
Covena
Plenitude
Stephens M
Woodville
Brunswich
Zebulon
Athenss
Marietta
Dallas
Cartersville 1 Rome
Butler
Lennox
Lithonia
Savannah
Syl vania
Unadilla
52
Pate R H Arabi
Paulk J B Irwinville
Pearce Ch ester r Henderson
Perkins M T Clarksville
Pike W IJefferson
Pirkle W JSrvivvrrTCumming
Pickett JuliusEllijay
Price E P Fannie
Rarobo J DFort Gaines
Ramsey A K RamseysV
Rankin WRCalhoun
Reagan E J3McDonough y
Render R JGreenville
Richards J H Kings
Roddenberry S A Jr Cairo
Rowe THDublin
Sears W M Richland
Simms A V Nankin
Sinquefield F ALouisville
Stapleton Geo Americus
Strickland W H Clyde
Steele C SCherokee Mills
Short V B Buena Vista
StalveyGuilford Statenville
Stevens C ASandy Cyoss S
Smith W TJ Buford
Smith H JMcRae
v Smith I A Tennille
Steward J B Decatur
Stewart J AConyersy
Stewart D R Cuthberty
Sumner J Mi Sumner
Styles W HHinesville
Tatum G W MTrenton
Thompson Jas Traders Hill
Thompson J N B Five Forks
Thomas W W Newnan
Thomason R Usher Madison
Thurmond W THarmony Grove
Trammell P B Dalton
Turner J S Eatonton
Veach J MAdairsville
y Walden Wm Grange
Waller J A Culverton
Walton S0 Humber
S
Walker E L
West Julian
West W S
Wheeler J B
Wilcox Jeff
Wilson L A
Wilson A
Winn R A
Worrill J H Worsham W A
Patterson
Carrs Station
Valdosta
LaFayette
Willacoochee
Way cross
Baileys Mill
Alto
Columbus V
Strouds
t o
MEMBERS
OF THE
House of Representatives
By Counties with their Postoffice
COUNTY NAME POSTOFFICE
Appling E D Graham Graham
Baker E L Hudson Milford
J D Howard Milledgeville
Banks Robt A Winn Aito pro
Bartow J M Veach Adairsville
U J M Neel Cartersville
Berrien H H Knight Rays Mills
Bibb A 0 Bacon Macon
R T Hodges
Ci J T Boifeuillet U
Brooks A V Simms Nankin
Bryan W H Strickland Clyde
Bulloch E L Kennedy Metter
Burke J B Heath Girard
a F L Brinson Waynesboro
C J L Fulcher U
Butts T J Dempsey Jackson
Calhoun J L Boynton Morgan
Camden Antony Wilson Baileys Mill
Campbell J L Latham Campbell ton
Carroll J C McGarrity Shiloh
M J A Aycock Whitesburg
Catoosa Chas W Gray Gravsville
Charlton James Thompson Traders Hill
Chatham J J Doolan Savannah
Wm W Osborne U
U Richard D Guerrard u
Chattahoochee F M Gordv Cussetta
Chattooga J W Cain Summerville
56
spsi
COUNTY NAME POSTOFFICE
Cherokee C S Steele Cherokee Mills
Clarke W J Morton Athens
Clay J D Rambo Fort Gaines
Clayton W T Kimsey Jonesboro
Clinch R B Johnson DuPont
Cobb Mableton
U J E Mozley Marietta
Coffee Jeff Wilcox Willacoochee
Columbia M I Branch Berzelia
Colquitt J B Norman Jr Lennox
Coweta W Y Atkinson Newnan
U y W W Thomas it
Crawford S R Harrison Ceres
Dade G W M Tatum Trenton
Dawson W H Burt Dawsonville
Decatur G M Jones Whigham
U G W Kendrick Eli
DeKalb Jno Nunnally Lithonia
U J B Steward Decatur
Dodge W W Ashburn Eastman
Dooly RH Pate Unadilla
U J D Pate Arabi
Dougherty E R Jones Albany
Douglas J G Camp Douglasville
Early J P Lane Sowhatchee
Echols Guilford Stalvey Statenville
Effingham J B Keiffer Springfield
Elbert D P Bell Elberton
Emanuel L A McLemore Co vena
Fannin G M Dickey Mineral Bluff
Fayette J M Bridges Brooks Station
Floyd E P Price Nannie P 0
It t W C Bryan W J Neel Rome ti
Forsyth W J Pirkle Cumming
Franklin J T Holbrook Bold Spring
Fulton Harvey Johnson Atlanta
U it E W Martin Porter King it it
Gilmer Julius Pickett Ellijay
Glascock Wm Walden Grange
Glvnn M L Mershon Brunswick
Gordon W R Rankin Calhoun
Greene W P McWhorter Woodville
57
COUNTY NAME POSTOFFICE
Greene W J Howell White Plains
Gwinnett W T Smith Buford
M L F McDonald Lawrenceville
Habersham M T Perkins Clarksville
Hall H W J Ham Gainesville
U Il L Gaines Flowery Branch
Hancock J A Waller Culverton
u Julian West 1 Carrs Station
T M McBride Tallapoosa
J H Booker Whitesville
1 e W I Hudson Hamilton
qjart T S Y Brown Hartwell
Heard W J Davis Jr Franklin
Henry E J Reagan McDonough
Houston Chester Pearce Henderson
E L Dennard Perry
T J B Paulk Irwin ville
Jackson W T Thurmond Harmony Grove
u W I Pike Jefferson
r V J T Goodman Gladesville
Jefferson F A Sinqueneld Louisville
U Wm Little
Johnson L L Deal Harrison
Jones G W F McKay Plenitude
Laurens T H Rowe Dublin
j J T Fergurson Fergurson
Liberty W H Styles Hines ville
Lincoln J R Hogan Agnes
Lowndes W S West Valdosta
Lumpkin W A Charters Dahlonega
Macon W H Felton Marshall ville
Madison J N B Thompson Five Forks
Marion W B Short Beuna Vista
McDuffie 1 J H Boyd Jr Thomson
McIntosh C H Hopkins Darien
Meriwether H W Hill Greeneville
U R D Render
Miller B F Harrell Colquitt
T L Lewis Alpharetta
R H Cochran Camilla
Monroe 0 H B Bloodworth Forsyth
1 W A Worsham Strouds
Montgomery A L Adams Long Pond
Morgan R Usher Thomason Madison
58
COUNTY
Murray
Muscogee
Newton
Oconee Oglethorpe
1C
Paudling
Pickens
Pierce
Pike
Polk
Pulaski
Putnam Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven Spalding Stewart Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair Terrell
Thomas 6
Towns
Troup
Twiggs
Union
Upson
Walker
Walton
NAME POSTOFFICE
A K Ramsey Ramsev
C E Battle Columbus
J H Worrill
J H Richards Kings
R L Durham Elder
C A Stephens Sandy Cross
J H McWhorter Stephens
0 T Morris
W M Jones Jerusalem
E L Walker
J H Mitchell Zebulon
A D Hogg Cedartown
D H Hendley Hawkinsvilte
M T Hodge i
J S Turner Eaton ton
Wm Harrison Georgetown
J M Marsengill Clayton
D R Stewart Cuthbert
W H Fleming Augusta
M V Calvin
Brvan Cumming U
J A Stewart Conyers
T G Hudson LaCrosse
Causey Overstreet Sylvania
Jno I Hall Griffin
S 0 Walton Humber
Wright Brady Americus
Geo Stapleton U
T R Lumsden Ipsilanti
R T Kendrick Sharon
Peter Clifton Clifton
Hugh Neisler Butler
H J Smith McRae
W C Kendrick 1 Dawson
S A Roddenberry JrCairo
J L Hall Thomasville
M Y England Mountain Scene
W S Hendon Hogansviile
R A S Freeman West Point
W J Harrison Big Sandy
E W Butt Blairsville
J Y Allen Thomaston
J B Wheeler Lafavette
M F Hurst Social Circle
59
COUNTY NAME POSTOFFICE
Walton A J Arnold Monroe
Ware L A Wilson Way cross
Warren J H Hall Norwood
Washington I A Smith Tennille
U W T Askew Warthen
Wayne J W Bennett Jesup
Webster W M Sears Richland
White A M Dean Leo P 0
Whitfield P B Trammell Dalton
Wilcox D F McCrimmon Rochelle
Wilkes E Y Hill Washington
L W Lattimer CC
Wilkinson J P Blood worth Gordon
Worth J M Sumner Sumner
targeting ommittees
OF THE HOUSE OF REPRESENTATIVES
ut
COMMITTEE ON RULES
The Speaker Ex Officio Chairman
Bacon
Calvin
Hill of Meriwether Hall of Spalding
Sears
Trammell
Ham
Graham
STANDING COMMITTEES
OF THE
House of Representatives
GENERAL AGRICULTURE
Felton
Calvin
Sears
Thomas
Cochran of Cobb McWhorter of Greene Adams
Bacon
Booker
Bridges
Brown
Branch
Davis
Deal
Fergurson
Goodman
Hall of Warren
Heath
Hogg
Hudson of Baker
Johnson of Clinch
Jones of Pickens
Kendrick of Taliaferro
Chairman
Keiffer
Lane
Latimer
McCrimmon
McKay
Neel of Bartow
Neisler
Nunnally
Pate J D
Pearce
Pickett
Rambo
Ramsey
Richards
Strickland
Stalvey
Stewart of Randolph Thompson of Charlton Trammell
Walden
West of Hancock Wilcox
64
SPECIAL AGRICULTURE
Sears Chairman
McWhorter of Oglethorpe Brady
Sinquefield
Felton
Worsham
Harrison of Twiggs Askew
Bloodworth of Wilkinson Brinson
Boyd
Butt
Cochran of Mitchell
Dean
Durham
Gaines
Gordy
Harrell
Hall of Spalding
Hogan
Howell
Hudson of Schley Kendrick of Decatur Kennedy
Knight
Latham
Little
Marsengill
McBride
McLemore
Mitchell
Ho r man
Overstreet
Paulk
Pirkle
Price
Reagan
Render
Rowe
Steele
Smith of Washington Sumner
Thomas of Coweta Thompson of Madison Waller
Walton
Winn
Styles
AUDITING
Thomason of Morgan Chairman
Wheeler Deal
Rowe Neel of Bartow
Thompson of Madison Sumner
Bell Walton
Brown
65
BANKS
Reagan Chairman
Lewis
Thomason of Morgan Render
Mershon
Trammell
Ashburn
Calvin
Cumming
Dennard
Hall of Thomas
Hall of Warren
Hill of Wilkes Hopkins
King m Morton
McDonald
Osborne
Pike
Thompson of Madison
BLIND ASYLUM
Kendeick of Terrell Chairman Hodges Jones of Decatur
Hendon Knight
King Norman
Brown Pirkle
Bell Stalvey
Dean Thompson of Madison
Hill of Wilkes Walton
CORPORATIONS
Bloodworth of Monroe Chairman
Freeman
Worrill
Martin
Neel of Bartow Rambo
Adams
Arnold
Branch
Dempsey
Doolan
Hill of Meriwether Harrison of Twiggs
5s
Hogg
Hudson of Harris Latham
Lewis
McWhorter of Greene Neisler
Stapleton
Smith of Washington Smith of Gwinnett Thurmond
Wilson of Ware
66
COUNTIES AND COUNTY MATTERS Graham Chairman
Charters
Mozley
Hurst
Arnold
Bridges
Brown
Freeman
Fergurson
Graham
Harrison of Crawford Hogan
Hudson of Baker
Johnson of Clinch
Jones of Dougherty
Kendrick of Taliaferro
Knight
Lumsden
Mitchell
Morris
Overstreet
Paulk
Pearce
Steward of DeKalb Stalvey
DEAF AND DUMB Smith of Telfair Chairman
Bryan
Fulcher
Thomas of Coweta McLemore
Eoyd
Calvin
Fergurson
Harrison of Crawford Holbrook
Hurst
Johnson of Clinch
Little
Lumsden
Martin of Fulton Neel of Floyd Neislcr
Richards
Rowe
Strickland
Sumner
Dempsey
ENROLLMENT
Boynton Chairman
Trammell Lane
Aycock Martin
Roddenberry McGarrity
Camp Morris
Cain Richards
Doolan Rambo
Guerard Reagan
Hall of Thomas Sears
Hodges Smith of Telfair
Howard Walker
Kimsey EDUCATION Ham Chairman
Hodge McDonald
Camp McGarrity
Fleming Mershon
Rankin Neel of Floyd
Thurmond Nunnally
Worsham Ramsey
McCrimmon Richards
Boifeuillet Roddenherry
Butt Sears
Charters Smith of Gwinnett
Davis i Styles
Dempsey Thomas of Coweta
Gordy Walker
Hurst West of Lowdnes
Latham Wilson of Camden
Stevens Morton
68
EXCUSES OF MEMBERS Brinson Chairman
Smith of Gwinnett Little
Simms McBride
Bloodworth of Wilkinson Neisler
Hudson of Schley Smith of Washington
Kendrick of Decatur
FINANCE
Hall of Spalding Chairman
Fleming
Battle
Thomason of Morgan Sinquefield
Hill of Wilkes Ashburn
Ay cock
Bacon
Boifeuillet
Brad7
Branch
Bryan
Cain
Charters
Cochrah of Mitchell Dempsey
Dennard
Felton
Fulcher
Gray
Guerard
Ham
Harrell
Hendley
Hendon
Hopkins
Howard
Hudson of Harris Johnson of Fulton Kendrick of Terrell McWhorter of Oglethorpe Martin
Mitchell
Morton
Mozley
Neel of Floyd
Render
Roddenberry
Smith of Telfair Stapleton
Sears
Stewart of Randolph Short
Stevens
Thurmond
Turner
Veach
Wheeler
HYGIENE AND SANITATION
Gordy
Burt
Holbrook
McCrimmon
Bell
Hendon
Pate R H Chairman
Jones of Decatur Jones of Pickens Kennedy
Smith of Telfair Stewart of Rockdale Wilcox
Howard
Charters
Dickey
Guerard
Gaines
Adams
Gray
Booker
Boynton
HALL AND ROOMS Kimsey Chairman
Hall of Warren Hendley Sumner Walden
IMMIGRATION
Osborne Chairman
Neel of Floyd Render
Stalvey
Strickland
Walden
INTERNAL IMROVEMENTS Clifton Chairman
Smith of Gwinnett Pate J D
Latham
Askew
Howard
Hudson of Harris Marsengill
Martin
McWhorter of Greene Paulk
Sinquefield
Stapleton
Thompson of Charlton
0
JOURNALS
Dempsey Chairman
Pearce Davis
Brady Deal
Cain Hodges
Askew Jones of Dougherty
Branch Johnson of Pulton
Brinson Short
GENERAL JUDICIARY
Hill of Meriwether Chairman
Hall of Spalding Hodge
Bacon Howard
Allen Kimsey
McBride King
Mershon Lewis
Rankin Martin
Bennett Neel of Bartow
Bloodworth of Monroe Osborne
Boynton Perkins
Camp Pike
Cumming Reagan
Fleming Steward of DeKalb
Freeman Turner
Graham Wilson of Ware
Hall of Thomas Worrill
Harrison of Quitman Hodges Rambo
71
LUNATIC ASYLUM
Stewart
Howard
Gordy
Price
Gumming
Burt
Jones of Pickens Wilcox
Battle
Booker
Cochran of Cobb Cain
England
Felton
Graham
Goodman
Lewis
Stapleton
Waller
Deal
of Rockdale Chairman
Hodge
Hudson bf Baker Kennedy
Lane
Latimer
McKay
McWhorter of Oglethorpe McLemore
Osborne
Pate R H
Pickett
Steele
Tatum
Thomason of Morgan Worsham
Harrell
Adams
Simms
LABOR AND LABOR STATISTICS
Worrill
Worsham
Morton
Branch
Brown
Calvin Chairman
Durham
Harrell
Heath
Stevens
72
MANUFACTURES
Battle Chairman
Gray Steele
Veach Stewart of Randolph
Ashburn Wilson of Ware
Dennard West of Hancock
Morton
MILITARY AFFAIRS
Hopkins Chairman
Thomason of Morgan Freeman
Bloodworth of Monroe Heath
Boifeuillet Howell
Battle Hodges
Charters Jones of Dougherty
Dennard King of Fulton
Doolan Wheeler
MINES AND MINING
Mozley Chairman
Tatum Holbrook
Thomas Morris
Butt Strickland
Durham Veach
England Waller
73
PENITENTIARY Trner
Tatum
Trammell
Harrison of Quitman Thurmond
Pearce
Hopkins
Gaines
Allen
Bloodworth of Monroe Boifeuillet
Bridges
Brinson
Butt
Clifton
Davis
Dickey
Doolan
Gray
Goodman
Hendley
Heath
Hodges
Hogan
Howell
Wilson of Camden Hall of Warren Cochran of Mitchell
Chairman
Hudson of Schley Harrison of Twiggs Johnson of Clinch Kendrick of Decatur Keiffer
Latham
Marsengill
McCrimmon
McGarrity
McWhorter of Oglethorpe Neel of Floyd
Overstreet
Pate J D
Paulk
Ramsey
Short
Stewart of Rockdale Stewart of Randolph West of Hancock
Winn
Waller
W alker
Styles
Thompson of Madison Adams
Burt
PRIVILEGES OF FLOOR
Hodges of Bibb Chairman Camp Ramsey
Perkins Hogg
Steele McGarrity
Pike Kimsey
Pickett Goodman
74
PUBLIC PROPERTY
Hill of Wilkes Nunnally
Winn
Pearce
Hall of Spalding Ham
Runder Chairman
Clifton Booker Boyd King Norman Marsengill
PRIVILEGES AND ELECTIONS Fleming Chairman
McBride
Smith of Gwinnett Bennett
Ham
Johnson of Fulton Cochran of Cobb Dean
Hall of Spalding Harrell
Hogan
Hogg
Kendrick of Terrell Little
Latimer
Pate J D
Perkins
Pirkle
Pickett
PUBLIC LIBRARY
Lewis Chairman
Turner
Steward of DeKalb Rambo
Gordy
Allen
Hill of Meriwether Pate R H
Worrill
75
PUBLIC PRINTIN a
Boifeuillet Chairman
Doolan Camming
Mozley Fleming
Hall of Thomas Norman
Ashburn Smith of Washington
Cain Waller
RAILROADS
Allen Chairman
Reagan Hill of WilkeS
Rankin Kendrick of Taliaferro
Trammell Kimsey
Bacon King
Boifeuillet McKay
Battle McWhorter of Greene
Bell Mozley
Bloodworth of Monroe Neel of Bartow
Brady Nunn ally
Branch Pate R H
Burt Ramsey
Cochran of Mitchell Simms
Cumming Stevens
Dennard Steward of DeKalb
Durham Stewart of Randolph
Felton Tatum
Guerard West of Hancock
Hall of Warren Hill of Meriwether Walker
76
ROADS AND BRIDGES
McWhoktek oi Oglethorpe Chairman
Hudson of Schley Dickey
Rowe Kennedy
Perkins Rankin
Askew Stevens
Brinson Thompson of Charlton
Dennard Veach SPECIAL JUDICIARY Pike Chairman
Harrison of Quitman Lewis
Short Johnson of Fulton
Arnold Kimsey
Jones of Dougherty Osborne
King Rambo
McDonald Walker
Bacon Battle West of Lowndes STATE OF THE REPUBLIC Hodge of Pulaski Chairman
Price Keiffer
Stapleton Lumsden
Mitchell McDonald
Hendon Overstreet
Aycock Pirkle
Boyd Wrinn
Bridges Hogan Styles
77
TEMPERANCE
Wilson of Ware Chairman
Bryan Johnson of Fulton
Hendon Kendrick of Decatur
Hudson of Harris McLemore
Hurst McKay
Jonesof Pickens Pickett
Allen Price
Blood worth of WilkinsonSimms
Deal Turner
Haines Wilson of Camden
WILD LANDS Bennett Chairman
Harrison of Crawford Lane
Walton
Latimer
Adams
Arnold
Brady
Harrison of Twiggs Holbrook
Mershon
Tatum
West of Lowndes Wilson of Camden
PENSIONS
Freeman Chairman
Steward of DeKalb Mershon
Stapleton
Burt
Hill of Meriwether Hogan
McGrarrity
Perkins
Pickett
Sinquefield
Walden
Wilcox
78
SPECIAL JOINT COMMITTEE
On part of the House appointed under a joint resolution providing for a Joint Committee on Pensions for Widows
Steward of DeKalb Chairman
Thomas of Coweta Freeman
Sinquefield Hill of Meriwether
A CODE
PARLIAMENTARY LAW
The Use of this Volume is Respectfully Dedicated to the House f Representatives of the State of Georgia
Adopted as the Rules cf the House of Representatives of the State of Georgia October 1892
OF FORCE IN THE
GEORGIA
Prepared by LOUIS F GARRARD
ATLANTA GEORGIA
Geo W Harrison State Printer
Franklin Publishing House 1892
WKKKR
THE SPEAKER
Rule 1 The Speaker shall in his discretion suspend Discretion irrelevant debate and command silence whenever he may ofsPeakerdeem it needful
Rule 2 In all cases of election by the House the Speaker when shall vote In other cases he shall not vote unless the shaikvote House be 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 Right of same as that of any other member ooro
Rule B When two or more members shall rise at the same thcided time the Speaker shall name the persons entitled to proceed speaker
Rule 4 All committees shall be appointed by the Speaker speaker unless otherwise ordered by the House committees
Rule 5 The method of stating the question or any motion Method of bv the Speaker after the same has been read to the House questiomby
V x t Sp69ik6r
by the Clerk shall be as follows All in favor of the motion will say Aye 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 the the Speaker 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 namepyrme any member to perform the duties of the Chair during any members to part of that sitting but no longer
Rule 7 Whenever from any cause the Speaker shall be Duty of absent th Speaker pro tempore shall preside and if both spek611 shall be absent the Clerk of the House shall call the House18 absent to order and shall preside until a Speaker pro tempore shall
6s
2
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
fromruim Rule f Should any member of the House be dissatisfied speaker mling f the Speaker on any point he shall rise and
respectfully address the Speaker and say T appeal from t the decision of the 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 UA11 in favor of the decision of the Chair standing as the sense of the House will say Aye Those opposed will say No 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 appeals character there shall be no debate
Appeals to Rule 10 All appeals from the decisions of the Chair shall once at be made 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
member Rule 11 Where debate is permissible on appeals from the reL1the econ Chair any member after being recognized
House by the Speaker may address his remarks directly to the House
jower of Rule 12 The Speaker shall have power to suspend the tosuspend Messenger and Doorkeepers for misconduct or neglect of nate olfi duty and when such suspension has been made he shall report the same to the House 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 mayrder galleries and lobbies of the House cleared by the Meslndeiobbies senger and Doorkeepers in case of disturbance or disorderly c eare conduct therein and to cause any person or persons so offending to be arrested and brought before the bar of the House to be dealt with for contempt of the House
votingfdu Rule 14 When less than a quorum vote on anysubject Speaker under consideration by the House the Speaker may order
BJG
83
the bar of the 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 unless excused such a lefusal shall be deemed a contempt of the House
Rule 15 The Speaker may at any time order the roll when called on any question and take the vote by yeas and nays m2order where a division of the House discloses the fact that a quo beaiand rum of the House has not voted naiS
Rule 16 All questions as to the priority of business Decision on to be acted on shall be decided by the Speaker without Apriority debate
ON DECORUM AND DEBATE
Rule 17 When any member is about to speak in debate onduct of or deliver any matter to the House he shall rise from hisiTSt4 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 or more than once until every member choosing to speak shall have spoken If any 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 permitted to explain The House shall if Appeals appealed to decide and if 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 N dollars and continuing refractory may be expelled from Expulsion the House by a twothirds vote of the members whichu7eRule sid 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 Exception spoken the words excepted to shall be taken down ing3 writing by the Clerk and read then admitted denied 1 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
84
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
silence Rule 19 The members of the House shall forbear from private conversation and preserve silence until a speaking
Mode of designating members
House how addresed Questions and interruptions
Shall not vota when interested in result
Protests
Smoking and conversation prohibited
Duty while member is speaking and at adjourn menc Matters transi iring in Senate Cmmittees and private converstn not to be referred to
member shall have taken his seat
Rule 20 The members shall avoid naming each other when they may have occasion to take notice of their observations but may designate them bythe place in which they may be or the county they represent
Rule 21 No member shall address the House except as heretofore stated in case of appeals or interrogate a member who is speaking 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 which he is immediately and particularly interested or in any case where he was not present when the question being voted on was put 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 goth retire from the House before the vote is taken
Rule 23 Any member may enter a protest in writing abainst the 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
Rule 24 No member shall smoke in the House nor shall he converse with any one over the bar thereof
Rule 25 No member shall pass between theChair and a member while he is speaking nor shall any member at the time of adjournment leave his seat until the Speaker retires
Rule 26 No member shall in debate refer to any private conversation had with another member or to any matters which have transpiredan any committee or in the Senate
85
Rule 27 In nominating candidates for any office laudatory remarks shall he allowed nor shall any other aaingie
candidte be disparaged 1 wddnr
Rule 28 Applause or hisses in the Representative cham Applause her or in th galleries or lobby during any speech orlegisla forbidden tive proceedings shall be promptly suppressed
Rule 29 During the calling or reading of yeas and nays debate on any question no debate shall be had nasand
Rule 30 No member can make more than one motion at only one a time and while the motion is being put to the House he be made at must resume his seat and he is not further entitled to the
floor unless again recognized by the Speaker
Rule 31 No member having asked and obtained leave of the ExpianaHouse 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 fading of
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 queswhen tion isput shall vote unless he is immediately and partie shall vote ularly interested therein or the House shall excuse him
A motion to excuse a member from voting must be made Motion to before the House divides or before the call of the yeas and when made nays is commenced and it shall be decided without debate from votexcept that the member making the motion may briefly1DS state the reason why in his opinion it oughkto prevail
DIVISION OF A QUESTION
Rule 34 Any fine member may call for division of the caiijor a question on a subject in which the sense thereof will admit of it
Rule 35 The member calling for a division must state into Division 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 themselves and be consistent and entire
86
paragraph Rule 36 A qualifying paragraph an exception or a andeKn pr0V1S0 if taken from that to which it belongs would not viso contain a distinct or entireproposition
andmsert Rulp 37 A motion t0 strike out and insert is an inFbedivis dlvlslkle proposition
BILLS AND RESOLUTIONS
Call of Rule 8 The Clerk shall on Mondays Wednesdays and counties Fridays call the counties for the introduction of new
matter beginning alternately at the first and last of the alphabet
resolutions Ule 39 A11 bills and solutions shall be called in the oraerdiQ rder m whlch they stand on the calendar and before reading any bill or resolution the second or third time the Clerk shall distinctly state its number and the name of the member by whom introduced
XintaU Rule 40 11 sha11 be in order to introduce bills or other troduced matter upon the call of the counties without any previous notice having been given for that purpose
Quezon Rule 41 No debate shall be admitted upon any bill at reading 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 Clerk and the bill shall not be amendable thereafter unless subsequently submitted 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 Effect of Committee of the Whole House In cases where the report reportof6 a committee is favorable to the passage of a bill the committee same shall be read a second time and passed to a third read
reportof without fiction Where the report of a committee is committee 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 un
Xthdrlwmless recommitted Any bill may be withdrawn at any stage thereof by consent of the House
87
Rule 42 No bill or resolution shall be transmitted to the TransmisSenate on the day of the passage thereof unless twothirds Senate by of the members present shall so order vote
Rule 43 No bill shall be printed until after the same hasBnisjhen been reported 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 thereto
Rule 44 All proceedings touching the appropriating of committee money shall be considered in the Committee of Whole whole
Urtnon Rule 107
House et al
Rulu 45 All bills and resolutions shall be m writing Bis and and shall have the name of the member introducing the resolutions the same as well as the county he represents indorsed on writing the back of the same and in the case of bills the caption of dorsed the bill shall also be indorsed on the same
Rule 46 Where a bill or a resolution has been referred and reported by more than one committee or has been re of6actioier ported on and recommitted to the same committee1 the last Committee report shall be acted on by the House and in all cases the report of the committee of the whole House shall be first acted on by the House
PRECEDENCE OF MOTIONS
Rule 47 When any subject is before the House for con ordeoi sideration or under 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 motions shall have precedence in the order in which they stand as above arranged
as
MOTION TO ADJOURN
abtewhen Rule 48 A motion to adjourn is in no instance debatable rede renor sha1 said motion be made a second time until further progress has been made in the business before the House
Sable6 1 Rule 49 A motion t0 adjourn on a particular day or tor a particular time if made when the House is not actually engaged in othey business is debatable made Rbde 50 The motion to adjourn can be made at any time when the member moving it can legitimately obtain the floor
IlfS 1 motion to adjourn may be made after the
motion for the 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 ouse has been had on a vote and the vote is in process of being counted and announced
adjourn Rule 52 When a motion to adjourn in its simple form ment prevails it adjourns the House to the next sitting day or time in course
Surnment Rule 53 Whenever the hour of adjournment as fixed by a Mr solution shall arrive while the vote of the House pones is being taken by yeas and nays the session shall continue until the final vote is taken and announced and if said fixed hour of adjournment shall arrive while the House is acting on the main questionafter 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
Amend MOTIONS TO LAY ON THE TABLE
mentor
substitute
Mdnonbta Rule 54 No motion to lay an amendment or substitute bie on the table shall be in order
Rule 55 A majority of n quorum voting may take from the table at any time when the House is not engaged on taken irom any other measure any bill resolution or other paper which has been ordered to lie on the table and when so taken up the same is thereby restored to its appropriate place on the calendar
Rule 56 If the motion to lay on the table prevails it Effector removes from the consideration of the House the measure table together with all the motions attached to it at the time it is so disposed of
Rule 57 When the proposition is again taken from the Effect of table it stands before the House in the exact form with allfr0m table the motions pertaining to it just as it did at the time the motion to lay on the table prevailed
Rule 58 A motion to lay on thn table or to takeWheQre from the table can berenewed from tim to time whennewed new business has intervened between the votes
Rule 59 Neither the motion to lay on the table nor the Not debatmotion to take from the table is debatable or amendable amendable
Rule 60 No member having obtained the floor shall be Member allowed to submit a motion then move to lay that motion moyetotaon the table nor shall he be allowed to yield the floor to motion jjiy other member in order for said member to whom the floor is so yielded to move to lay the motion of the memher yielding on the table
Rule 61 Nothing can be legitimately laid on the table what can excepting what can be taken up again
Rule 62 A motion to lay on the table may be made when in after the motion for the previous question has been susor er tained but when1 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 Effect of decided without debate and shall take precedence or all question other motions except motions to adjourn or to lay on the table and when it is moved the question shall be
90
Twenty minutes debate allowed
Vote how taken
Effect of main question being ordered
Reconsiderati m wnen in order
shall the motion for the previous question be sustained If this be decided by a majority vote in the affirmative the motion to adjourn orto 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 House cannot adjourn until the previous question is exhausted or the regular hour of adjournment arrives
Rule 64 When the previous question has been ordered the House 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 tothe 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 the 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
91
Rule 68 In all cases of contested election where there isContested a majority and a minority report from the committee onelectlonprivileges 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 orHow called
i j andor
dered upon a single motion or an amendment or it may dered 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 Cali of the
Senate
the previous question is ordered unless it shall appear when in upon an actual count by the Speaker that a quorum is not present
Rule 71 All incidental questions of order arising after motion is made for the previous question and pending such motion shall be decided whether on appeal or otherwise without debate
MOTIONS TO INDEFINITELY POSTPONE
Rule 72 When a bill resolution or other measure is Effect under consideration 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 78 The motion to indefinitely postpone lays open Notamend the whole question for debate but it cannot be amended ableRule 74 While the motion to indefinitely postpone takes when canprecedence over a motion to postpone to a day certain orappuld to commit or amend yet this motion cannot be applied to said motions nor can it be applied to incidental questions
2
Not renewed
Effect of negative vote
May be amended
To a day beyond tl session
Debate when and how allowed
Motion how applied
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 certainwhen decided in the affirmative by a majority of a quorum removes the subject from beforethe 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 measure is decided in the negative it leaves the question before the 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 pVoceediug
Rule 78 This motion to postponeto a day certain may be 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 1 a day is designated known to be beyond the session the Speaker shall treat the motion as though it had been a motion to indefinitely postpone the subject
Rule 80 On a motion to postpone to a day certain it is not in order to debate the merits of the question proposed to be postponed Debate may be allowed s but it shall be confined strictly to the proposition 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
Rule 81 This motion cannot be applied to subordinate or incidental questions but must be applied to the whole bill resolution or other measure before the House and when it prevails it carries forward the whole proposition and its appendages to the day named
98
MOTIONS TO COMMIT
Rule 82 Motions to commit maybe made to refer a Motion to
J i commit
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 prece
dence of
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 bable be allowed but where instructions are added the merits of thfi question can be debated
Rule 85 A motion to commit may be amended by add How
amended
ing instructions or by substituting another committee lor the one named by the member making the motion
Rule 86 Any proposition that has been referred to any JBpgl 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 87 There are three ways in which a proposition show may be amended towit made
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 88 A substitute is simply an amendment it is in Substitute 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
Rule 89 When a bill or resolution is before the House Bin first for consideration and amendments are pending thereto then the and a substitute shall be offered for said bill or resolution8U 81 u and an amendment shall be offered to said substitute it
94
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 iateetoto Rule An amendment cannot be offered after the reamend port of the committee to whom was referred the bill or resolution under consideration has been agreed to by the House unless said action of the Senate in so agreeing to said report of said committee shall first be reconsidered Kiigin Rule Ilf mtins 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 thebill or resolution where said amendment shall be inserted or added
Priority Rule 92 On all questions whether in committee on in the House the last amendment the most distant day and the largest sum shall be first put
Blanks Rule 93 Where blanks occur in any proposition they must be filled first before any motion is made to amend caption Rule 94 The caption or preamble of a bill or resolution amended shall not be considered or amended until the measure has been perfected
bysectiom Rule 95 Wrhen a proposition consisting of several sec tions or resolutions is on a final reading and the House shall agree to a motion to consider the same by sections or paragraphs the 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 Clerks without any motion being made in the House and when a section or resolution shall have been considered it is not in order to recur back and amend it
Amend
Sfnf Rule 9 When a motion is made to amend by striking sertuig m0lR an inerting the Clerk shall read the paragraph as it
95
is then the words to be stricken out and finally the whole paragraph as it would be if amended
Rule 97 When a motion is made to amend by striking Priority of out a paragraph any amendment offered to perfect the par ments to agraph shall be put first before the question is put for strikperfecfcing it out
Rule 98 When any bill or resolution which originated Amending in the House has been amended in the Senate and is bea3 fore the House for action on the Senate amendment anmeats amendment may be offered in the House to the Senate amendment but the House amendment to the Senate amendment cannot be further amended it must be agreed see rule lm to or voted down
Rule 99 A motion to amend an amendment made by Priority the Senate to the 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 Priority of
i i questions
respecting amendments by the Senate to a House bill or on Senate resoJutiun are ments
1st A motion to agree to the Senate amendment
2d A motion to disagree to the Senate 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 101 When the Journal of the preceding day shall Motion to be read it shall be in the power ofany member whetherreconsidersaid member previously 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 timebefore the Journal is confirmed
y
96
Shall not be Rule 102 The notice of a motion to reconsider shall not
withdrawn j
when be withdrawn alter the tune has elapsed within which it might originally have been made when there Rule 103 No matter shall be reconsidered more than
may be one
reconsider once atiou
When in Rule 104 Motion for reconsideration shall be in order immediately after the confirmation of the Journal on the day succeeding the action sought to be reconsidered except that any matter which could not be reconsidered on the succeeding day shall be in order for reconsidiration on the day of said action
merftsf Rule 105 The action of the House upon an amendment coSdtered may be reconsidered at any time before final action upon the sectionbill or resolution to which it relates
Rule 106 All bills reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading
COMMITTEE OF THE WHOLE HOUSE
Rule L07 The Speaker may resolve the House into a Committee of the Whole without a motion being made therefor whenever a bill or resolution shall be in order for consideration on its third reading before the House which see mie 44 required by the rules of this House to be considerei in the Committee of the Whole
deredby Rule 108 The House may resolve itself into a Committhe House tee of the 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 read throughout by the Clerk and then again be read or debated by clauses or sections leaving th preamble to be last considered unless otherwise ordered
Rule in Rule 111 The rules of the House shall be observed bv
committee
the Committee of the Whole so far as they may be applicable except that it cannot refer a matter to any other com
Place of Calendar
When ordered by Speaker
97
inittee 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 speak as often as he may obtain the floor no 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 Debate it shall be desired to close the debate or to limit the time boWQlose to be allowed members for speaking the committee may rise and report its desire to the House and the House shall take such action thereon as it may see fit by a resolution agreed for that purpose said resolution shall apply only to the subject matter 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 the Committee of the Whole and continue the consideration of the subject
Rule 113 In the event that a Committee of the Whole Time of House at any sitting shall for want of time fail to com temiei plete any matter 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 Amotion that the committee rise and reMotions to port progress and ask leave to sit again can be made atrisfqev 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 ReconsidCommittee of the Whole erataon
Rule 116 The Committee of the Whole shall not proceed Duty of with the business before it whenever a vote on any question quotum is shall disclose the fact that no quorum of the House is prespreea ent Whenever it is suggested that a quorum is present the Chairman of the committee shall 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
7s
8
shall report the fact of the absence of a quorum to the House
An mem Rule 117 The Speaker may in Committee of the Whole vote unless take part in the proceedings and he as well as all other excused members sball yote on all questions before the committee unless excused therefrom and no pairing of members shall be recognized or allowed in the Committee of the Whole Amend Rule 118 Amendments proposed by the Committee of ments jgg hole may be amended or rejected by the House and matters stricken out by the committee may be restored by the House
Disorderly Rule 119 A Committee of the Whole House cannot portedrepunish disorderly conduct of its members but must report the same to the House for action thereon chairman Rule 120 The Chairman of the Committee of the Whole gieries6r shall have power to have the galleries or lobbies cleared in ciearedbies case of any disorderly conduct therein
Proceed Rule 121 When the Committee of the Whole have diswuen busi posed of the bill resolutions or other measures before it itTsSfinetoreby motion and question it shall rise and the Chairman will ished be instructed to report the action of the committee to the House At this point the Speaker will resume his seat and the Chairman wull 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 receivethis report and repeat the same and the matter will then be before the House for action just as though reported by any other committee
Record Rule 122 The proceedings of 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
papers Rule 128 When in the Committee of the Whole any befcalled paper in the possession of the House may be called for by or any member and read by the Clerk for the information of the committee unless the committee shall otherwise order
Rule 124 Amendments offered to an amendment in the Report
iTT shall con
Committee of the Whole shall not be reported to the House tain result
of commit
but the report shall contain only the result of the commit tees action
tees action on the bill resolution or measure under consideration before it
ABSENTEES
Rule 125 The rollcall at the opening of each session of the House shall not be dispensed with except by a three ebyed fourths vote of the members present fourths
Rule 126 Upon the call of all the members ordinary and vote
Tame qJ
extraordinary the names of the absentees shall be noted by absentee 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 Duty of
i J f Auditing
inquire into the matter before passing upon any mem bers committee account
Excuses of members absent without leave shall be sub Excuse of mitted to the Committee on Excuses of Members Absentmemberswithout Leave and the recommendation of some member of said committee shall be necessary to have said excuse allowed by the House
COMPELLING ATTENDANCE
Rule 127 The power to compel the attendance of memr cmpeit0atbers in order to keep or secure a quorum shall be vested intendancethe Speaker and 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 Sergeantat SergantArms of the House and on order of the Speaker may arrest any absentees and bring them before the House when necessary to secure a quorum as aforesaid
CALL OF THE HOUSE
Gal how Rule 128 Whenever the result of a vote taken shall Subset disclose the fact that no quorum of the House is presSinr ent or when the Speakershall officially state the fact to the House it shall he in order for any member to make a motion for a call of the House and when this motion is made the Speaker iffiall 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 be 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
What is a Rule 129 A majority of each House shall constitute a
8omp2fing quorum to transact business but a smaller number may attendance adjourn from day to g and compel the presence of its
absent members as each House may provide
Art 3d Sec 4 Par 4
oath of Rule ISO Each Senator and Representative before takmembers ing 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 mav come befQreme 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
Majority Rule 131 No bill shall become a law unless it shall repasbiiitQ ceive a majority of the votes of all the members elected to each House of the General Assembly and shall in every instance appear on the Journal
Art 3 Sec 7 Par 14
101
Rule 132 The yeas and nays on any question shall at Yeas g the desire of onefifth of the members present be entered by on the Journal entfpres
Art 3 Sec 7 Par 6
Rule 133 No bill or resolution appropriating money pufOTreso phall become a law unless upon its passage the yeas and plating nays in each house are recorded beas
Art 3 Sec 7 Par 12 andnays
Rule 134 Whenever the Constitution requires a vote of gjggg twothirds of either or both Houses for the passage of an Act thirds vote or resolution the yeas and nays on the passage thereof shall yeas ad be entered on the Journal
Art 3 Sec 7 Par 21V
Rule 135 Every bill before it shall pass shall be read Reading of three times and on three separate days in each Hopse unless in cases of actual invasion or insurrection
Art 3 Sec 7 Par 7
Rule 136 All bills for raising revenue or appropriating Revenue 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
Rule 137 No law or ordinance shall pass which refers to toewgect more than one subject matter or contains matter different from what is expressed in the title thereof
Art 3 Sec 7 Par 8
Rule 138 No law or section of the Code shall be amended An amendor repealed by mere reference to its title or to the number laws andof of the section of the Code but the amending or repealing code
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
Rule 139 Laws of a general nature shall have uniform Jij operation throughout the State and no special law shall be varied 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 legis and when lotion except with the consent in writing of all rwconn tn required
LIBRARIES
102
be affected 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 companies nor to make or change election precincts nor establish bridges or ferries nor to change names or legitimate children but it shall prescribe by pwer ddiaw the manner in which such power shall be exercised by courts the courts
Art 3 Sec 7 Par 18
Relief of Rule 141 The General Assembly shall have no power to zance 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
Art 3 Sec 7 Par 19
What the Rule 142 The General Appropriation bill shall embrace proprmion nothing except appropriations fixed by previous laws the comam ordinary expenses of the Executive Legislative and Judicial Departments of the Government paying of the public debt and interest thereon and for the support of the public instioiher ap tutions and educational interests of the State All other tiousby appropriations shall be made by separate bills each embins bracing but one subject
Art 3 Sec 7 Par 9
Adjourn Rule 143 Neither House shall adjourn for more than men s 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
Elections Rule 144 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 shU
108
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 or ordinance or resolution intended Rejected to have the effect of a law which shall have been rejected consiaered by either House shall be again proposed during the same thirds vote session under the same or any other title without the consent of twothirds of the House by which the same was rejected
Art 3 Sec 7 Par 13
Rule 146 No session of the General Assembly shall con Session tinue longer than forty days unless by a twothirds vote f ysote the whole number of each House
Art 3 Sec 4 Par 6
Rule 147 Each House shall be the judge of the election EtecUons returns and qualifications of its members and shall have conduct power to punish them for disorderly behavior or misconduct by censure fine imprisonment or expulsion but no memExpulsion ber shall be expelled except by a vote of twothirds of thirds vote he Houseto which he belongs
Art I Sec 7 Par 1
Rule 148 No provision of this Constitution for a twosignature thirds vote of both Houses of the General Assembly shall nor when be construed to waive the necessity for the signature of the Governor as in any other case except in 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 Governors bills passed by the General Assembly before the same shallvet0 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 days Sundays excepted after it has been presented to him the same shall be a law unless the General Assembly by their adjournment shall prevent its return He may approve any approfthfrds priation and disapprove any other appropriation in the thereon
104
same bill and the latter shall not be effectual unless passed by twothirds of each House
Art 5 Sec 1 Par 16
when Gov Rule 150 Every vote resolution or order to which the
ennor must
approve 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 twifthirds Swii being disapproved shall be passed by twothirds of vote each House
Art 5 Sec 1 Par 17
Twothirds Rule 151 No countv site shall be changed or removed
vote re v
quired except by a twothirds vote of the qualified voters of the county voting at an election held for that purpose and a twothirds vote of the General Assembly
Art 11 Sec 1 Par 4
Two thirds Rule 152 Anv amendment or amendments to this Con
vote re J
amend011 stution may be proposed in the Senate or Hojise ot Reprements to sentatives and if the same shall be agreed to by two thirds tion 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 v General Assembly shall cause such amendment or amendmentSj to be published in one or more newspapers in each Congressional 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 formembers 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
Art 13 Sec 1 Par 1
Twothirds Rule 153 No convention of the people shall be called by qujraito General Assembly to revise amend or change the Convention stitution unless by the concurrence of two thirds of all th
How called 7
105
members of each House of the General Assembly The representation in said convention shall be based on the population as near as practicable
Art 13 Sec 1 Par 2
Rule 154 The Judges of the Supreme Court shall have Saianesof out of the treasury of the State salaries not to exceed three thousand dollars per annum the Judges of the Superior Courts shall have salaries not to exceed two thousand dollars per annum the AttorneyGeneral shall have a salary not to exceed two 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 provisions of this section shall not affect those now in
office
The General Assembly may at any time by a twothirds May g vote of each branch prescribe other and different salariesatwo for any dr all of the above officers but no such changes shall affect the officers thenin commission
Art 6 Sec 13 Pars 1 and 2
Rule 155 No local or special bill shall be passed unless notice of the intention to apply therefor shall have been local and published in the locality where the matter or thing to be affected may be situated which notice shall be given least thirty days prior to the introduction of such bill into same 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
Art 3 Sec 7 Par 16
MISCELLANEOUS RULES
Rule 156 When a message shall be sent to the House of Messages Representatives 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
106
Messages when received and considered
Petitions
Motions
Petitions
memcrialr1
etc
Com mitttees
Clerk
Clerk
Duties of Committee on Enrollment
Suspension of rules
Rule 157 Messages may be received at any time while the door is open except while a question is being put or a ballot or a viva voce vote is being taken A message shall be presented to the House by the Speaker when received or afterwards according to its nature and the business in which theHouse 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 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
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 decision by consent of the 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 16L 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 ip no case be suspended nor the order of business b
107
changed except by a vote of threefourths of the members voting
Rule 166 Any motion to suspend the rules or change No debate the order of business shall be decided without debate
Rule 167 Any motion not privileged containing new MoUons matter shall lie at least one day on the table leed
Rule 168 Whenever on aiy question the yeas andnays Recerd 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 Noneces shall not be necessary that the same shall be seconded ondmotion before being put to the House
Rule 170 After the announcement of the standing comcoiw mittee no other members shall be placed thereon unless and when 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 floor of the 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 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 Jourguof nals to read the Journal of each days proceedings and on Journals report to the House that the same is correct before the Journal is read by the Clerk
Rule 176 The House may by unanimous consent reEffect of
i 1 ji n unanimous
lieve itself from the operation of any rule other than the consent Constitutional Rules of the House
Rule 174 No member shall take any books or papers Members to from the possession of the House or Clerk without firstcierkfor acquainting the Clerk and giving him a receipt to return papers the same in a reasonable time or on his demand
108
Adjourn Rule 175 The hour to which the House shall stand adment
journed every day shall be 10 oclock a m of the succeeding day except Sunday unless otherwise ordered by the House
yeasand Rule 176 A motion for the call of the yeas and nays debatable shall be decided without debate
Signaiure Rule 177 All Acts and joint resolutions shall be signed
of Speaker 0 v
anduerk by Speaker and Clerk and all writs warrants and subpoenas issued by order of the House shall be signed by the Speaker and attested by the Clerk
Messenger ue 178 It shall be the duty of the Messenger to attend
to the 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 directed to him by the Speaker
Svln ms 79 Messenger under the direction of the Clerk
docuing superintend the distribution by the Pages of all
ments etc documents and papers to be distributed to the members he shall distribute to the members the usual and necessary stationery required by them
interHnesi Rule 180 No committee of the whole or other committee bidden shall deface or interline a bill resolution or other paper referred to said committee but shall report any amendments recommended on a separate paper notingthe section page or line to which said amendments relate
Pairing Rule 181 No pairing of members shall be recognized or allowed as an excuse for not voting
Committee Rule 182 Whenever any member moves that a Comence mittee of Conference on disagreeing votes of the two Houses naming the 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 not in said majority vote he shall notify the JJoqse and be excused by the Speaker
109
Rule 183 After commitment of a bill and report thereof to the House it may be amended before the report of the corntee is agreed to by the House but the amendments if any reported by the committee shall be diposed of before any other amendment be considered unless it be an amendment to a committee amendment
Rule 184 No motion on a subject different from that Motion 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
Rule 185 All reports of a committee shall be in writing Jjfe and the minority of a committee may make a report in ay reports writing setting forth succinctly the reasons for their dissent
Rule 186 Every motion to alter the rules of the House whatmo
I i tions lie oil
or for information from the Executive or departments table shall lie on the table one day
Rule 187 On the call of the yeas and nays the Clerk changing 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
Rule 188 Questions of privilege shall be first those af fUp6ns fecting the rights of the House collectively its safety digAege nity and the integrity of its proceedings second the rights reputation and conduct of members individually in their representative capacity only and shall have precedence of all other questions except a motion to adjourn
Rule 189 In all elections a majority of the members presElections ent shall be necessary to a choice
COMMITTEES
Rule 190 The Speaker shall appoint the following standing committees
General Committee on Judiciary for the consideration of general bills
ii
Special Committee on Judiciary for consideration of sp cial or local bills
Committee on Finance
Committee on Corporations
Committee on Railroads
Committee on Pensions
Committee on State of the Republic
Committee on Internal Improvement
Committee on Privileges and Elections
General Committee on Agriculture for consideration of general bills
Special Committee on Agriculture for consideration of special and local bills
Committee on Enrollment
Committee on Journals
Committee on Manufacturers
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 County 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 andjdining
Committee on Roads and Bridges
Committee on Labor and Labor Statistics
Committee on Excuses of Members absent without leave Committee on the Hall and Committee Rooms
Committee on Rules of which the Speaker shall be ex of ficio Chairman
ill
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
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
1H 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
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 bck 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
Changing rule
Questions not provided for
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
ARTICLE I
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 V Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel shall bo 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 topay 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 God each according to the dictates of his own conscience and no human authority should in any case control or interfere with such right of conscience
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 licentibusness 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 XYI 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 Th 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 againstthe State of Georgia shall consist in levy
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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 be enforced by penal laws
Par V 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 be granted upon just compensation being first paid by the applicant Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid
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 he 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 be enacted in any case for which provision has been made hv an existing general law No general law affecting private rights shall be varied in any particular ease by special legislation except with the free consent in writing of all persons affected thereby and no person under legaldisability 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 herein ercPr0V1e twentyone years of age who shall have resided in this State one year next preceding the election and shall have resided six months m 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 the United States shall acquire the rights of an elector by reason of being stationed on duty in this State and no person shall vote who
Shallenged shall refuse to take the following oath or affirmation
I hi swear or affirm that I am twentyone years of age have re sidedin 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 totime 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 o treason against the State of embezzlement of public funds malefeasance in office bribery or larceny or of any crime involving moral turpitude punishable by thelaws of this State with imprisonment m 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
Section V
Paragraph I The General Assembly shall by law forbid the sale distribution or furnishing of intoxicating drinks within two miles ot election precincts on days of electionState county or municipaland prescribe punishment for any violation of the same
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Section VI
Paragraph I Returns of elections for all civil officers elected by tihe people who are to be commissioned by the Governor and also for the members of the General Assembly shall be made to the secretary of State unless otherwise provided by law
ARTICLE III
LEGISLATIVE DEPARTMENT
Section I
Paragraph I The legislative power of the State shall be vestedin a General Assembly which shall consist of a Senate and House ot 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 1
The First Senatorial District shall be composed of the counties ot Chatham Bryan and Effingham
The Second Senatorial District shall be composed of the counties ot Liberty Tattnall and McIntosh v
The Third Senatorial District shall be composed of the counties ot Wayne Pierce and Appling I Ifi
The Fourth Senatorial District shall be composed of the counties ot
Glvnn Camden and Charlton ifL i
The Fifth Senatorial District shall be composed of the counties ot Coffee Ware and Clinch f
The Sixth Senatorial District shall be composed of the counties ot Echols Lowndes and Berrien Shi
The Seventh Senatorial District shall be composed of the counties of Brooks Thomas and Colquitt f
The Eighth Senatorial District shall be composed of the counties ot Decatur Mitchell and Miller o M
The Ninth Senatorial District shall be composed of the counties ot
Early Calhoun and Baker limm f
The Tenth Senatorial District shall he composed of the counties ot Dougherty Lee and Worth
The Eleventh Senatorial District shall he composed ofthe counties of Clay Randolph and Terrell
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 f
The Fourteenth Senatorial District shall be composed of the counties of Dooly Wilcox Pulaski and Dodge I
The Fifteenth Senatorial District shall be composed of the counties of Montgomery Telfair and Irwin Cil 1
The Sixteenth Senatorial District shall be composed of the counties
of Laurens Emanuel and Johnson
The Seventeenth Senatorial District shall be composed of the counties of Screven Bulloch and Burke
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nf pfiteenti enatrial District shall be composed of the coun1 oi Richmond Glascock and Jefferson
ties nf iifntlVSenat0rialtrict sha11 be composed of the counpk ahaferro Greene and Warren
ties nf yntieth Senatorial District shall be composed of the countle of Baldwin Hancock and Washington
ties I KfwflklnsonIS Jo0 6habe CmPSed theCIn
8hallbe composed of the
twentythird Senatorial District shall be composed of thecountie of Houston Crawford and Taylor
enniii2feryfoUrth Senatorial District shall be composed of the f Mueo8ee Marion and Chattahoochee
419 Twentyfifth Senatorial District shall he composed of the couni Harris Upson and Talbot
ennnfi Qtyfth Senatorial District shall he composed of the counties of Spalding Butts and Fayette
pniteiiWfnSfenE Senatorial District shall be composed of the counties of Newton Walton Clarke Oconee and Rockdale ont ft i wentyeigh th Senatorial District shall be composed of the Jasper Putnam and Morgan
fe Senatorial District shall he composed of the mu ml Plkes Columbia Lincoln and McDuffie af nilf klrD eth Senatorial Pistrict shall he composed of the countiesoi Cglethorpe Madison and Elbert
Thirtyffirst Senatorial District shall he composed of the counties of Hart Habersham and Franklin
Thirtysecond Senatorial District shall be composed of the counties of White Dawson and Lumpkin
piriytoird Senatorial District shall be composed of the counties of Hall Banks and Jackson
The Thirtyfourth Senatorial District shall he composed of the counties of Gwinnett DeKalb and Henry
IThe Thirtyfifth Senatorial District shall be composed of the counties of Clayton Cobb and Fulton
If The Thirtysixth Senatorial District shall be composed of the counrru Campbell Coweta Meriwether and Douglas ihe 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
TbXlArty1nth Senatorial District shall be composed of the counties of Milton Cherokee and Forsyth
The Fortieth Senatorial District shall he composed of the counties of Union Towns and Rabun
The Fortyfirst Senatorial District shall be composed of the counties of 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 TV alker 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 her
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Section III
Paragraph I The House of Representatives shall consist of n hundred and seventyfive Representatives apportioned among the several counties as follows towit To the six counties having the largest population viz Chatham Richmond Burke Floyd Bibb and Fulton three representatives each to the twentysix counties having the next largest population viz Dooly Bartow Coweta Decatur Houston Greene Gwinnett Harris Jefferson Meriwether Monroe Muscogee Pulaski DeKalb Hall Walton Sumter Thomas Troup Washington Hancock Carroll Cobb Jackson Oglethorpe 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 elected
Par II The first election for members of the General Assembly under this Constitution shall take place on the first Wednesday in 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 A sembly 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 bylaw 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 if 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 to day 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 question 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 Assembly or appointed by the Governor either with or without the
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advice and consent of the Senate to any office or appointment having any emolument annexed thereto during the time for which he shall have been elected
Par VIII The seat of a member of either House shall be vacated on his removal from the district or county from which he was elected
Section V
Paragraph I The Senators shall be citizens of the United States wh have attained the age of twentyfive years and who shall have been citizens of this State for four years and for one year residents of the distric t 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 try impeachments
Par IV When sitting for that purpose the members shall be on oath or affirmation and shall be presided overby 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 Uniled 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 f
Par II The presiding officer of the House of Representatives shall he styled the Speaker of the House of Representatives and shall be elected viva voce from the body
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 he the judge of the election returns and qualifications of its members and shall have powdf 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 it 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 any 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 Y The original journal shall be preserved after publication m 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 three 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 theGovernment 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 twmthirds of the House by which the same was rejected
Par XIV No bill shall become a law unless it shall receive a majority of the votes of all 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
ji witl in five days from the organization of the General Assembly ap
point 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 bill shall 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 themanner 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
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 custodv 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 piwer 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 XXlV Neither House shall adjourn for more than threedays 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 Pres ident and Speaker shall be a Secretary of the Senate andClerk of the House of Representatives and such assistants as they may appoint but the clerical expenses of the Senate shall not exceed sixty dollarsper 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 respectiveduties
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
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each mile traveled by the nearest practicable route in going to and returning from tlie Capital but the President of the Seuate and the Speaker of the House of Representatives shall each receive 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 m 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 ot 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 ot 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 ot Georgia or which may hereafter be chartered by the State snail before doing business deposit with the ComptrollerGeneral oi the State of Georgia or with some strong corporation which may be apdj proved by said ComptrollerGeneral one hundred thousand dollars
f 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 IV 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 sdbject 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 this State shall have no powrer
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to authorize any corporation to buy shares or stock in any othercorporation 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 Y 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 th 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 be 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 theHouse 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 wffio 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 YI 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 th 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 be 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 themanner 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 throughout the 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 be enacted at call sessions of the General Assembly except such as shall relate to the object stated in his proclamation convening them
Par XIV When any office shall become vacant by death resignation or otherwise the Governor shall have power to fid 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 XVI The Governor shall havethe 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 five days Sunday excepted after it has been presented to him the same shall be a law unless the General Assembly by their adjournment shall prevent its return 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 be 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 fiis 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
Par II The salary of the Treasurer shall not exceed two thousand dollars per annum The clerical expenses of his 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 hisdepartment 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 an v person bank or corporation for the deposit or use in any manner of the public funds and the General Assembly shall enforce this provision by suitable penalties
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 State
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 Seal of the 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 N otaries Public and other Courts as hav e been or may be established by law
Section II
Paragraph I The Supreme Court shall consist of a Chief Justiceand 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 where the validity of any bondFederal State corporation or munici
1
palis involved who holds in his owfi right 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 1380 a successor to the incumbent whose term of office is next in duration shall foe 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 and Savannah 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 each year as shall be prescribed by law for the trial and determination of writs of error irom said Superior and City Courts
Par VI The Supreme Court shall 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 is argued
Section III
Paragraph I There shall be 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 laud 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 certiorani 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 a 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 bylaw
Par IX The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding Judge isfrom any cause disqualified
Section V
Paragraph I In anv county within which there is or hereafter may be a City Court the Judge of said Court and of the Superior Court may preside in the Courts of each other in cases where the Judge of either Courtis disqualified to preside
Section VI
Paragraph I The powers of a Court of Ordinary and of Probate shall he 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 shall 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 of 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 in all 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
Par III Justices of the Peace shall be elected by the legal voters in their respective districts and shall he commissioned by the Governor They shall be removable on conviction for malpractice in office j
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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 thi 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 cages 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 davs 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 present incumbents 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 Judges 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 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 adoptionof this Constitution but the provisions of this section shall not affect the salaries of those now in office
Par 11 The General Assembly may at any time by a twothirds vote of eaeh branch prescribe other and different salaries for any or all of the above officers but no such change shall affect the officers then in commission
Section XIV
Paragraph I No person shall be Judge of the Supreme or Superior Courts or AttorneyGeneral unless at the time of his election heshall 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 SolicitorGeneral 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 shallhave practiced law for three years next preceding hiB election
Section XV
Paragraph I No total divorce shall be granted except on the concurrent verdicts of two juries at different terms of the Court
Par 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 wherethe defendant resides if a resident of this Stateif 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 havejurisdiction
Par III Equity cases shall he tried in the county 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
Pr V Suits against the maker and indorser of promissory notes or drawer acceptor and indorser of foreign or inland bills of exchanger or like instruments residing in different counties shall hebrought in the county where the maker or acceptor resides
Par VI All other civil casesshall betried in the county where thedefendant 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 case shall be vested m the Superior Courts to be exercised in suchmanner as has been or shall be provided by law
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Section XVIII
Paragraph I The right of trial by jury except where it is otherwise provided in this Constitution shall remain inviolate but the General Assembly may prescribe any number not less than five to constitute a trial or traverse jury in Courts other than the Superior
and City Courts MI I
Par IL The General Assembly shall provide by law for the selection of the most experienced 2 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 be the duty of the General v ssembly by general laws to prescribe the manner of fixing compensation of jurors m all counties in this State
Section XIX
Paragraph I The General Assembly shall have power to provide for the creation of County Commissioners in sueh counties as may require them and to define their duties
Section XX
Paragraph L All Courts not specially mentioned by name in the first section of this article may he abolished in any county at the discretion of the General Assembly
Section XXL
Paragraph I The costs in the Supreme Court shall not exceed ten dollars unless otherwise provided by law Plaintiffs in error shall not be required to pay costs in said Court when the usual pauper oath is filed in the Court below
ARTICLE VII
EINANC TAXATION AND PUBLIC DEBT
Section I
Paragraph L 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 deiend the State m
time of war 888
i To supplv the soldiers who lost a limb or limbs m 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 permanentlyinjured 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 I 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 lawE The General Assembly may however impose a tax upon such domestic animals as from their nature and habits are destructive of other property
Par II The General Assembly may by law exempt from taxationall 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 Provided 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 taxationother 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 contractor 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 public 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 be used for 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 company 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
Provided that if any municipal corporation shall offer to theStateany property for locating or building a capitoland the State accepts such offer the eornoration may comply with such offer
Par II Thb General Assembly shall not have power to delegate to any bounty the right to levy a tax for any purpose except for educational purposes in instructingchildren in the elementary branches of an English education only to build and repair thev 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 VII
Paragraph I The debt hereafter incurred by any countymunicipal corporation or political division of thid State except as in this1 Constitution provided for shall never exceed seven per centum of the assessed Vale of all the taxable property therein and no such County municipality or division shall ineur 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 the assessed value of the taxable property at the time of the adoption of this Constitution may be authorized by law to increase at any time the amount of said deht three per centum 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 said indebtedness
Section YIII
Paragraph I The State shall not assume the debt nor any part thereof of any county municipal corporation or political division of the State unless such debt shall be contracted to enable the State to repel invasion suppress insurrection or defend itself in time of war
Section IX
Paragraph I The receiving directly or indirectly by any officer of the State or county or member or officer o 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 for State or county purposes shall be deemed a felony and punishable as may be prescribed by law a part of which punishment shall be a disqualification from holding office
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 I 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 raise by 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 cannot 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 1878 shall have 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 statement of the assets liabilities and income of the State and expenditures therefor for the three
4
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 Pri nter shall cease with the expiration of the term of the present incumbent and the General Assembly shall provide by law for letting the public printing to the lowest 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
ARTIGLIO VIII
EDUCATION
Section I
Paragraph I Therehall 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 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 of and 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
I
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Section IV
Paragraph I Authority may be granted to Counties upOn thS 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 persons of 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 thereo1 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 decree 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
27
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 IY
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 YI
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 YIII
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
28
purchase price thereof paid all right of exemption in such property by reason of its having been so set apart shall cease in so iar as it affects the right 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 of the purchase v as though said property had not been set apart
Section IX
Paragraph I Partieswho have taken a homestead of realty 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 Judge of the Superior Courts of this State
ARTICLE X
MILITIA
Section I
Paragraph L 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
Par LL 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
Par III The 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 law unless changed as hereinafter provided
Par II No new county shall be cheated
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 qualified voters of the county voting at an election held for that purpose and a twothirds vote of the GeneralAssembly
Par V 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
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Section IT
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 bv the General Assembly for the transaction of county matters shallbe 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 m 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 ofthe United Stgtes the laws of the United States in pursuance thereof and all treaties made under the authority of the United States t
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 I he 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
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 V 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 in this State heretofore rendered shall be held inviolate by all Courts before which they may be brought in question un
ipea offorlcprl foi fraiid
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
Par YII The officers of the government now existing shall eon
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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 of this 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
NotUndr 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
ARTICLE XIII
AMENDMENTS TO THE CONSTITUTION
Section L
Paragraph I Any amendment or amendments to this Constitution maybe proposed in the Senate or House of Representatives 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 one or more 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 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 be so submitted as to enable the electors to vote on each amendment separately
Par II 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 be held and cpnducted 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 r For Ratification and all persons opposed to the adoption of this Constitution shall write or have printed on their ballots the words Against Ratification
31
Par IL The votes cast at said election shall he 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 fm 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 r
1st That the question of the location of the Capital of this Statehe 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 or Milledgeville and the one of thes 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 thisState 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 Ijomestead 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
83
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 Gerueral 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 C J Jenkins
President Constitutional Convention James Cooper Nisbet Secretary
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 the 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 said 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
Paragraph 3 Section IV Article 2 amended by striking out biennially after the word and and before the word thereafter and substituting therefor the word annually
Paragraph 6 Section IV Article 2 amended by striking out the words forty days unless by a two thirds voe of the whole number of each house and substituting therefor fifty days These amendments were construed to apply to art 3 instead of art 2
Paragraph 7 Section VII Article 3 amended by adding thereto but the first and second reading of each local bill and bank and railroad charters in each house shall consist of the reading of the title only unless said bill is ordered to be engrossed
Paragraph 18 Section VII Article 3 amended by striking out after the word companies in the second line the following words viz Except banking insurance railroad canal navigation express and telegraph companies and substituting therefor at the end of said paragraph after the word courts the following viz All corporate powers and privileges to banking insurance railroad canal navigation express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law
See Acts of 189091 Vol 1 pages 55 to 60 inclusive
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 strictly followed
A
A S P
Absent members of Legislature attendance of compelled 3 4 4
Abuse under arrest or in prison prohibited 119
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 115 Acts amending or repealing must describe the law
affected 3 7 17
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 1
Aid of State to any religious denomination prohibited 1 1 14
To any person or corporation by lending credit or
taking stock prohibited 7 5 1
To any person or corporation by donation or gratuity prohibited 7 16 1
Aid of County or City to person or corporation prohibited 7 6 1
Amendments to Appropriation and Revenue bills by
Senate 3 7 10
To Constitution 13 1 1
36
Amendments Continued
x 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 bear manner 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 order 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 11
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 3
Attorney right to defend or prosecute by 1 1 4
Right of Defendant in criminal cases to have 1 15
General election of 6 10 1
General duties 6 10 2
General salary 6 13 1
General qualificationst 6 14 1
Authority of Constitution treaties laws judgments etc 12 1
B
A S P
Bail shall not be excessivei 1 1 9
Ballot election by the people shall be by 2 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 of 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
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
Of State declared void not to be paid or submitted
to suit 7 11 1
Of Western Atlantic Railroad paid by proceeds of
Road 13 1
Boundaries of counties to remain as now till changed by
law 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 4 1
Buildings 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
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
curt 6 4 5
Challenge of voter oath to be administered 2 1 2
Conviction of sending or excepting disqualifies for
office 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 l 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 6 4 6
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 8 4 1
Civil authority superior to the military 1 1 19
Cases where triedt pj 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 2 234
Clerk of House of Representatives Compensation and
Bond of 3 8 1
Clerks of the Governor V 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 pupilst 8 6 1
Colored pupils College for 8 6 1
39
A S P
Colored and white Public Schools to he separate 1 1
Commissioner of Schools appointed and salary of 8 2
Commissioners of county affairs authorized 6 19 1
Commissioners of county affairs authorized U 1
Committee on Local and Special hills 8 7 5
Common law Courts may be clothed with equity jurisdiction 4
Common School systemsee Education 8 11
Commutation power in the 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
Compensation for private ways and public use of property 1 3 1
Of Clerk of House and Secretary of Senate 3 8 1
Of Jurors how fixed 9 1
Extra not be granted officers or contractors 7 16 2
Competition arrangements by corporations to defeat
void 12 4
ComptrollerGeneral must license Life Insurance Com
q 12 2
pames
Supervise deposits of Life Insurance Companies 3 12 3
Officer of Executive Department 5 11
Examination suspension and discharge of 5 1 18
Election of 5 2 1
Salary and Clerkshire 5 2 4
Eligibility and Bond of r
Perquisites not allowed to 5 2
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 14 1
City to building Street Railroads within its limits 3 7 20
Constitution of Georgia may be altered or abolished by
the people 15 1
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
Construction of Constitution not to deny rights not enumerated
Contempt limitation of Courts power to punish for
Either House of General Assembly may punish for
Contested Election for Governor
Contracts laws imparing obligation of void
By Government releasing power to tax void
By Government heretofore made not impaired
Between corporations defeat competition void
Judgments on without verdict when
Jurisdiction of Justices Courts in cases of
Contractor not to receive extra compensation from Government
Conventionsee Constitutional Convention and Ordinances
Conviction costs not to be exacted of defendant until
Does not work corruption or forfeiture
Of certain offenses disfranchises
Impeachment vote necessary
Duelling disqualifies for office
Copartners suits against where tried
Coroners County Tax to pay
Corporate Powers what may be granted by Legislature Corporators not to be damaged by revocation of charter Corporations subject to police power and eminent domain
Legislation in favor of conditional
Acts of to defeat competition and monopolize void
Right to tax not to be released
State not to take stock in aid or lend credit to
County or City not to take stock in aid or lend credit
to
Donations to from State prohibited
Authority of rights already accrued to
Municipal see City
Costs not payable by defendant till conviction
In Supreme Court
County Commissioners may be created
Debt to be incurred by limited
Debt not to be assumed by State
Debt bonded provisions for meeting
Not to aid or take stock in Corporation
Public Schools may be maintained by
Matters Ordinarys jurisdiction
Officers election term qualification and removal
a s P
1 5 5
1 1 20 o
3 5 7 1 6
i 3 2
4 1 1
4 2 6
4 2 4
6 4 7
6 7 2
7 16 2
1 1 10
1 2 3
2 2 i
3 5 4
2 4 2
6 16 4
7 6 2
3 7 18
1 3 3
4 2 2
4 2 3
4 2 4
7 2 5
7 5 1
7 6 1
7 16 1
12 1 5
1 1 10
6 21 1
f 6 19 1
111 O 1
7 7 1
7 8 1
7 7 2
7 6 1
8 4 1
6 6 2
11 2 1
41
County CommissionersContinued
Officers and tribunals to be uniform in the State
Is a body corporate suits of and boundaries
New one not to be created
Lines arid site how changed
Merger of
Special Acts authority of
Corruption of blood not worked by conviction
Courts power to punish for comtempt limited
Power in matters denied to Legislature
Of the State
Not mentioned in Constitution may be abolished Of Common Law may be vested with equity jurisdiction
Of same grade throughout State must be uniform
Courts tax to pay expenses of
Jurisdiction against Homestead denied
Authority of judgments and decrees of
Existing judgments and decrees of ratified
See also Supreme Superior City and Justice Courts
Credit of State not to be pledged to Corporations or persons
Creditors law to be provided for reaching concealed
property of debtor7
Not to be damaged by revocation of Charter
Crime conviction in what cases disfranchises
Lobbying declared to be
Criminal Cases Jury judges of law and fact
Judge may grant new trial on conviction
Jurisdiction of Superior Court
Rights of defendant in
Where tried
Venue when changed
D
Damages jurisdiction of Justices Courts in cases of
Death of Governor vacancy how filled
A s p
11 o 1
11 1 1
11 1 2
11 i 34
11 l 5
12 l 4
1 2
1 1 20
o 1 18
6 1 1
6 20 1
6 4 2
6 9
7 6 2
9 2 1
12 1 5
12 1 6
7 5 1
1 2 6
1 o 3
2 2 1
1 2 5
1 2 1
1 2 1
6 4 1
1 1 5
6 16 6
6 17 1
6 7 1
5 1 8
5 1 14
Debts Public taxation to pay 7
Public new debt contracted to pay 7
Power of State to contract restricted 7
Of County taxation to pay 7
Power of City or County to contract restricted 7
42
Debts Continued
A ft p
To be incurred by City only on authority of City
Government 7 p J
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
May waive Homestead 9 3 1
May waive Exemptions of the old Code 9 5 f
Decrees of Court authority and ratification of 12 1 5
Defaulters of public moneys disqualified for Legislature 3 4 7
Defend or prosecute in person or by attorney right to 1 1 4
Defense under oath not filed Court to render judgment
when 6 4 7
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 borrowing 7 7 1
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 Duellists 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 1
Of interested Judge in bond cases 6 2 3
Districts Senatorial number composition and change of 3 2 12 3
Divorce exclusive jurisdiction in Superior Court 6 4 1
First and second verdicts in cases of 6 15 12
Suits where tried 6 16 1
Domestic Animals of vicious nature special tax on 7 2 1
Animals tax on goes to educational purposes 8 1 1
Donations by State prohibited 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 1 1
Commissioner of Public Schools 8 2 1
Confined to English in local public schools 7 6 2
Confined to English in State public schools 8 11
Poll Tax for purposes of 7 2 3
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 7 6 2
Appropriations for purposes of by City or County 7 6 1
Election by the people shall be by ballot 2 1 1
Bythe 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 18
Returns where made 2 6 1
Of members General Assembly 3 4 2
Members General Assembly each House to judge of 3 7 1
President of the Senate 3 5 2
Speaker of the House of Representatives 3 6 2
Governor 5 1 3
Governor returns how made 5 1 4
Returns opened and published 5 1 5
Governor by General Assembly 5 15
Contested 5 16
Special 5 1 9
To fill vacancies in General Assembly 5 1 13
Of Secretary of State CompGenl and Treasurer 5 2 1
Judges of Supreme Court 6 2 4
Judges Superior Court 6 3 2
Judges Supreme Superior Courts and SolGenl 6 12 1
Justices of the Peace 6 7 3
AttorneyGeneral 6 10 1
By City or County on creating a new Debt 7 7 1
City or County on School question 8 4 1
To change County Site 11 1 4
Merge one County into another 11 1 5
Election of County Officers 11 2 1
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 wThile attending elections 2 3 1
Embezzlement of public funds disfranchises 2 2
44
A S gp
Eminent 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 Eights not to be infringed by Corporations 4 2 1
Equity Cases where tried 6 16 3
Jurisdiction is in Superior Court 641
Jurisdiction may be conferred on Common Law
Courts 6 4 2
Errors in Superior and City Courts corrected in Supreme
Court 6 2 5
Of inferior judicatories corrected by Certiorari 6 4 5
Estate not forfeited by conviction 1 2 3
Excessive Bail and Fines forbidden 11 9
Executive Legislative and Judicial Departments are distinct 1 1 23
Department officers of 5 1 1
Department officers of report suspension and removal of3 51 18
Powers vested in Governor 5 1 2
Exemptions from Taxation and void Exemptions 7 2245
From Levy and Sale 9 1 1
From Levy and Sale waiver of 9 3 1
From Levy and Sale under Debtors Act 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 t 16 2
F
Familv each Head of entitled to Homestead 9 11
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 11
Ferries established by Courts not Legislature 3 7 18
Ordinarys jurisdiction concerning 6 6 2
45
a m p
Fines imposed must not be excessive 1 1 9
Imposed on member of Legislature for misconduct 3 71
Fire Insurance Companies deposit required of 3 12 4
Foreign Power Governor to receive no Emolument from 5 1 2
Forfeiture of Estate not brought about by conviction 12 3
Of Recognizance relieved against when 3 7 19
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 Schbolssee 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 7
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 thred days etc 3 7 24
Elections by shall be viva 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 16
46
A S P
May pardon commute or reprieve for treason 5 1 12
May direct affixing of the Great Seal 5 3 1
Sessions of are Biennial 3 4 J
Of limited to 40 days unless prolonged by a
twothirds vote 3 4 6
Of extra may be called by Governor 5 1 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 Journal 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 voters 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 1 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 12
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 propertyt 7 13 1
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
Protect citizens in their rights 1 1 25
Provide penalty against Lottery Agents 1 2 4
Provide penalty against Lobbying I 2 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 3 12 5
Regulate Freight and Passenger tariff 4 2 1
Enforce provisions against monopolies etc 4 2 7
Establish uniformity in local tribunals 6 9 1
Provide for selection and compensation of Jurors 6 18 23
A Sinking Fund 7 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 13 2
Making irrevocable grants of special privileges 1 32
To revoke grants to injury of creditors or corporators 13 3
Of special nature when general law provides1 1 4 1
Varying general law affecting private rights without
consent 14 1
In violation of Constitution of Georgia or the United
States 14 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
consent 3 7 20
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 7 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 I 1 12
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
Qualification and oath of 5 1710
Death resignation or disabilty of 5 1 8
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 1 12
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 l 14
Offices of Judges and SolicitorsGeneral 6 12 1
Appoint State School Commissioneri 8 2 1
Judge to preside in Supreme Court when 6 2 2
Commission Notaries Public ex officio Justices of
Peace 8 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 p 1 18
Government originates with people duty of 1 112
Exclusive right of the people to regulate 15 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 11
49
H
A 8 V
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 931
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 Debtors Act not repealed 9 4 1
Under DebtrsAct 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 1
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 13 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 11 9
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 11
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 DepartmentContinued
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 tobe furnished on election days 2 5 1
Insurrection and invasion in time of Bills may pass
summarily 3 7 7
Tax to suppress 7 11
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
r
Jeopardy more than once for same offense prohibited 118
Joint obligors suit against where tried 6 IS 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 3 7 14
Must contain proposed amendments to Constitution 13 1 1
Of House must contain vote of elections by Legislature 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 12 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
Jurisdiction of Supreme Court
Of Superior Court
Of Superior Court appellate
Of Ordinary
Of Ordinary County matters
Of Justices of the Peace
Against homesteads denied
Jury right of trial by an impartial
Right of trial by Guaranteed J
Judges of law and fact in criminal cases
Appeal from one to another in Superior and City
Courts
From Justice of the Peace to
Grand to recommend Commissioned Notary for appointment
Grand and Traverse selection and qualification of
Compensation of how fixed
Tax by county to pay
Justice of the Peace may be member of Legislature
Part of Judiciary
Election Commission and Removal of
Term of
Jurisdiction Sessions and Appeals
Ex Officio
K
Kitchen furniture waiver
of exemption of
Labor done on Homestead Homestead is liable for 9
Land cases involving title to brought in Superior Court
Cases involving title to tried at what place
Homestead and Exemption on
Larceny conviction of disfranchises
Law due process of required to affect rights of persons Laws of general nature must have uniform operation
private rights how varied
different from title
Of general nature affectm
Unconstitutional aTe void
For more than one matter or
void
Majority vote of all members necessary to pass
For tax shall be general
Not repealed or amended by reference to title alone For borrowing money must be specific
To change County lines must be a
LIBRARIES
f grgL
A s P
6 2 5
6 4 1
6 4 4
6 6 1
6 6 2
6 7 2
9 2 1
1 1 5
6 18 1
1 2 1
6 4 6
6 7 2
6 8 1
6 18 2
6 18 3
7 6 2
3 4 7
6 1 1
6 7 3
6 7 1
6 7 2
6 8 1
9 3 1
9 2 1
6 4 1
6 16 2
9 1 1
2 2 1
1 1 3
1 4 1
1 4 1
1 4 2
3 7 8
3 7 14
7 2 1
3 7 17
7 4 1
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 of1 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 be given in evidence 12 1
Liberty person to be deprived of only by due process of
law 113
Not to be jeopardized but once for same offense 118
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 1 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
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 1 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 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 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 seeond 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
N ewContinued
A S P
Counties not to be formed 11 1 2
Notaries Public commissioned part of Judiciary 6 1 1
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 pleasA 4
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 9 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 1
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
twpthirds vote 3 7 13
Must have but one subjectmatter and same as title 3 7 8
Of the Convention authority of 12 1 3
55
OrdinancesContinued
A
Of the Convention to have effect of laws
See Ordinances in Appendix
Ordinary Courts of parts of Judiciary
Courts of jurisdiction of
Term of officeI
Origin of Government is with the people
P
Papers secure from search and seizure except as provided
Pardon removes political disabilities of convict
Of Duellists removes political disabilities of convict Power in Governor must report to the Legislature
Passage of bills readings necessary
Of Bills majority of all members necessary
Passenger Tariffrestriction on
Paupers jurisdiction of Ordinaryr
Affidavit relieves from costs in Supreme Court
Tax for support of
Paysee Compensation Salary
Peace soldiers not to be quartered in houses in time of
Governor is conservator ofa
Penitentiary crimes punishable in to be tried in Superior Court
Per diem of members of the Legislature
Perquisites not allowed officers Executive Department
Not allowed AttorneyGeneral
From use of public funds by officers punishable
Persons and property to be protected by Government
Not to be molested for religious opinions
Eights not to be affected but by due process of law May prosecute or defend in person or by attorney
Charged with offenses rights of
Life or Liberty not to be jeopardized but once for
same crime
Houses and papers secure from illegal search
Personalty amount of exemption of from levy and sale
Petitions and remonstrance right of guaranteed
Pleas under oath in certain cases required
Police of the State right of people to regulate
Power not abridged in favor of corporations
Policyholders in Life Insurance Companies protected
Poll tax not to exceed one dollar
Goes to educational purposes
s p
2 1 00
CD 1 1
6 6 1
6 6 3
1 1 1
1 1 16
2 2 1
2 4 2
5 1 12
3 7 7
3 7 14
4 2 15
6 6 2
6 21 1
7 6 2
1 1 19
5 1 12
6 4 1
3 9 1
5 2 7
6 13 1
7 9 1
1 1 2
1 1 13
1 1 3
1 1 4
1 1 5
1 1 8
1 1 16
9 1 1
1 1 24
6 4 7
1 5 1
4 2 2
3 12 13
7 2 3
8 3 1
56
A S P
Practice in courts of same grade to be uniform 6 9 1
Precincts for elections how 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 1 1 15
Printing public to be let to lowest bidder 7 17 1
Prisoners not to be abused l i 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 law authority of 12 1 5
Privileges special not to be irrevocably granted 13 2
Special not be revokedgfcjs 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 law 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 suits on where tried 6 16 5
Property of person not to be molested for religious opinions 1 1 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 law 12 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 1
Protection to person and property paramount duty of
Government 112
Prosecution rights of defendants in cases of 1 1 5
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 5 2 5
See Money
Public use of private property without compensation
prohibited 13 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 curtailed 1 1 15
Journal of General Assembly 3 7 4
Receipts and disbursements of Treasury 3 7 11
Intention to introduce Local Bi Is 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 117
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 3 6 1
Each House to judge of as to itsown 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
K
Railroad may be incorporated by Legislature 3 7 18
Freights and Tariff subject to legislation 4 2 1
May build branch roads free from conditions of 4 2 3
Shall not deceive public as tg 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 11
Reba 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 1 2
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
by1 1 1 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 his seat 3 4 8
Of disabilities in power of Governor 5 1 12
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 lawq 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 1 8
Resolutions of Appropriation must be passed by yeas
and nays 3 7 12
Resolutions Continued
59
Requiring Governors approval
Requiring a twothirds vote yeas and nays must he
recorded
Having effect of law result of rejection
Retroactive legislation prohibited
Returns of election of Legislators each House to judge
for itself
To whom made
Of Governor how made
Of Governor how published
Of Secretary of State Comptroller and Treasurer
On Ratification of Constitution
Revenue Bills must originate in House of Representatives
Deficiencies of in State supplied by loans
Deficiencies of in ounty or City
And roads County Commissioners for
Rights not enumerated are not denied
Roads jurisdiction in Ordinary
Tax for keeping up by County
And revenue County Commissioners for
S
Sailor in U S Service not entitled to vote because not
stationed here
Salary of Governor
Of Treasurer Secretary of State and Comptroller
Of Judges of Supreme and Superior Courts Attorney and SolicitorGeneral
Of Judges of Supreme and Superior Courts how
changed
Of State School Commissioner
Sale of Sites property proceeds to go to public debt
Exemptions from
Of homestead how affected
Of old homestead how affected
Of old homestead heretofore made ratified
Savannah errors of City Court of corrected in Supreme
Court
Scire facias writ of issued by Judge Superior Court
Schools Public how established by city or county
Public existing local system not affected
Not public may share school fund when
See Education
Seal Great use and design of
Search of persons houses and papers warrant for
Seconds in Duel on conviction disqualified for office
A s p
5 1 17
3 7 21
3 7 13
1 3 2
3 7 1
2 6 1
5 1 4
5 1 5
5 2 1
13 2 2
3 7 10
7 3 1
7 7 1
11 3 1
1 5 2
6 6 1
7 6 2
11 3 1
2 1 2
5 1 2
5 2 234
6 13 1
6 13 2
8 2 1
7 13 1
9 1 1
9 3 1
9 9 1
9 8 1
6 2 5
6 4 5
8 4 1
8 5 1
8 5 1
5 3 1
1 1 16
2 4 2
60
A S P
Secretary of State returns of election to be made to 2 6 1
Officer of Executive Department 5 11
Election of 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 4
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 lt 1 16
Seminaries of learning may be exempt from tax 7 2 2
Senate is a branch of General Assembly 3 1
Consists of 44 members 3 2 1
May propose amendments to appropriation and revenue 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 v 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 j2
Qualification of 3 5 1
Sentence commuted or 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 Court 6 4 8
Of Justices Court 6 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 424
Shows special tax on goes to educational purposes 8 3 1
Sinking fund provided for 7 14 1
Site of county how changed 11 1 4
Slavery forbidden 1 1 17
Social status of citizen not subject of legislation 1 1 18
Soldiers not tobe quartered in private houses except
whenv 1 1 19
Of U S not to vote on account of being stationed
here 2 12
Artificial limbs for maimed Confederates 7 11
6L
SolicitorGeneral term of office and duties of
Election by the Legislature
Salary of
Qualification of
Speaker of House of Representatives how elected
Must sign Acts
Per diem of
Acts as Governor when
Special law not to be enacted when provision is made by
general lawM
Changing general law in particular cases how passed For benefit of corporation conditional
Election of Governor
See Local
Speech Liberty of not to be curtailed
State aid to corporations or persons in any manner pro
hibited
State aid by donation prohibited
To religious donation prohibited
Printer office abolished
Statement of Treasurer to be published
Stockholder in corporation State county or city not to be
Street railroad not to run in city without consent of authorities
Suits may be brought by or against counties
Against State to test void or Confederate bonds prohibited
See Venue
Superior Court is part of Judiciary
Jurisdiction of exclusive
Jurisdiction of general and appellate
Jurisdiction of to issue extra writs
Appeal and new trials in
Appeal from Oriiary to
Appeal from Jujt
Sessions of
Judge one for each circuit and term of
Election of
Salary and qualification of
May change venue when
May preside in Supreme Court when
May preside in City t ourt when
Appoints Notary Public ex officio Justice of the Pea e
Sanctions sale of Homesteads
Supplemental Homestead laws to be provided for
a s P
6 11 1 2
6 12 1
6 13 1
6 14 1
3 6 2
3 7 13
3 9 1
5 1 8
1 4 1
1 4 1
4 2 o
5 1 9
1 1 15
7 5 1
7 16 1
1 1 14
7 17 1
3 7 11
7 56 1
3 7 20
11 1 1
7 11 1
6 1 1
6 4 1
6 4 34
6 4 5
6 4 6
6 6 1
6 7 2
6 4 8
6 3 1
6 12 1
6 1314 1
6 17 1
6 2 2
6 5 1
6 8 1
9 38 1
9 5 1
62
A S P
Supreme Court part of Judiciary 6 11
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 voting 2 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 11
Of corporations not to be surrendered 7 25
To raise a Sinking Fund 7 14
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 PeaceT7jk 6 7 1
Ordinary 6 6 3
Attorney and SolicitorGeneral 6 1011 1
State School Commissioner 8 2 1
County officers 11 2 1
Members of General Assembly 3 4 1
Testimony criminating himself witness not obliged to
givea 116
Title law must not contain matter different from 3 7 8
To land cases involving where brought 6 16 2
63
TitleConi inued
To land cases involving jurisdiction in Superior
Court 8 4
Treason what is and how 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 11
Bemoval 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 ofv 5 2 6
To receive deposits from Fire Insurance Companies 3 12 4
To make quarterly reports to Governor 7 15 i
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 imparitial one is the right of defendantf 1 1
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 Homesteaid 9 11
U
Unexpired term of Governor special elections 5 1 9
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 1 4 1
In county officers and tribunals 11 3 1
In courts of imferade 69 1
In taxation 7 2 1
University of Gefc4PPPriationa to1 8 6 1
United States Constitution acts in violation of void 1 4 2
Treaties and laws authority of 12 1 1
Soldiers not entitled to vote for being stationed here 2 1 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
64
V acncy Continued
a s p
Members General Assembly 5 jo
Governor may fill when not otherwise provided 5 1 14
Validity of bonds not to be tried by Judge who is interested g 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 4 5
Civil and criminal generally g g
Civil and criminal changed how 6 17 i
Verdicts judgments without when 6 4 7
First and second in divorce cases g 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 n j
Volunteer companies organization of D 1 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 12
Who not entitled to 2 2 1
By General Assembly to be viva voce 3 10 1
Of twothirds being required yeas and nays m ist be
recorded o
6 7 1
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 g 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 fii 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
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
65
A 8 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 115
Not compelled to criminate themselves 11 6
Two necessary to convict of treason 122
Worship of God may be according to conscience 1 1 12
Places of may be exempt from tax 7 2 2
Y
Vkas and Nays to be recorded in Journal
At request of onefifth
On appropriation bills and resolutions 3 7 12
When twothirdsvote is required 3 7 21
On amendments to Constitution 13 1 1
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