THE LIBRARY OF THE UNIVERSITY OF GEORGIA
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MANUAL
OF THE
GENERAL ASSEMBLY
OF
The State of Georgia
19091910
PREPARED UNDER JOINT RESOLUTIONS OF THE SENATE AND HOUSE OF REPRESENTATIVES
ATLANTA QA
CHAS P BYRD STATE PRINTER 1909
EXECUTIVE DEPARTMENT STATE OF GEORGIA
JOSEPH M BROWN
Governor
BENJAMIN M BLACKBURN Secretaries Executive
PRISON COMMISSION
JOS S TURNER Chairman WILEY WILLIAMS
CLEMENT A EVANS GOODLOE YANCEY Secretary
RAILROAD COMMISSIONERS
S G McLENDON Chairman WARNER H HILL
O B STEVENS
GEORGE HILLYER
C M CANDLER
C C BRANTLEY
A H ULM
J L BARRON
A J SCOTT
PHILIP COOK
WILLIAM A WRIGHT
J POPE BROWN
JNO C HART
JERE M POUND
T G HUDSON
S W McCALLIE
MRS M B COBB
Commissioner of Agriculture
State School Commissioner
Keeper Public Buildings
Department
ComptrollerGeneral Treasurer
Adj utantGeneral Secretary of State
Private Secretary
AttorneyGeneral
State Geologist State Librarian
VJ W LINDSEY
Pension Commissioner
MEMBERS AND OFFICERS OF
the Senate of Georgia
1909 and 1910
A
N
JOHN M SLATON President ATLANTA
JULIAN B McCURRY Pres Protem HARTWEBB
CHARLES S NORTHEN Secretary
ATLANTA
CHAS P HANSELL Asst Secy
THOMASVHDE
L G BRANNON Chief Clerk GEORGETOWN
FLYNN HARGETT Messenger COBUMBUS
I J STEPHENS Doorkeeper
NEWNAN
MEMBERS OF THE SENATE OF GEORGIA FOR SESSION OF 1909 AND 1910
First DistrictChatham Bryan and Effingham
W F SLATER IEllabelle
Second DistrictLiberty McIntosh Tattnall and Toombs J L McLEANGlennville
Third DistrictWayne Pierce Appling and Jeff Davis
A V SELLERSJ1Baxley
Fourth DistrictGlynn Camden and Charlton
L R AKINBrunswick
Fifth DistrictWare Clinch and Coffee
C A WARDDouglas
Sixth DistrictEchols Lowndes Berrien and Tift
E P BOWENrTifton
Seventh DistrictBrooks Thomas Colquitt and Grady
J S WARD JR Thomasville
Eighth DistrictDecatur Mitchell and Miller
L F PATTERSON Bainbridge
Ninth DistrictEarly Calhoun and Baker
T B McDOWELLBlakely
Tenth DistrictDougherty Lee Worth and Turner
J P CALLAWAYLeesburg
Eleventh DistrictClay Randolph and Terrell
J R IRWINrJh Dawson
Twelfth DistrictStewart Webster and Quitman
G Y HARRELLLumpkin
Thirteenth DistrictSumter Schley and Macon
W D MURRAY Ellaville
Fourteenth DistrictDooly Wilcox Pulaski and Crisp
JNO T KINGRochelle
Fifteenth DistrictMontgomery Telfair Irwin Dodge and Ben
Hill
M B CALHOUNTMount Vernon
6
Sixteenth DistrictLaurens Emanuel and Johnson
W R KEMPSwainsboro
Sevententh DistrictScreven Bulloch Burke and Jenkins
F M CATESWaynesboro
Eighteenth DistrictRichmond Glascock and Jefferson
W S MORRISAugusta
Nineteenth DistrictTaliaferro Green and Warren
JOHN JOHNSONCrawfordville
Twentieth DistrictBaldwin Hancock and Washington
W II BURWELLSparta
Twentyfirst DistrictTwiggs Wilkinson and Jones
J B JACKSONTGray
Twentysecond DistrictBibb Monroe and Pike
SAMUEL RUTHERFORD Forsyth
Twentythird DistrictHouston Crawford and Taylor
H A MATHEWSFort Valley
Twentyfourth DistrictMuscogee Marion and Chattahoochee
FRANK GORDYColumbus
Twentyfifth DistrictHarris Upson and Talbot
M D WOMBLEThomaston
Twentysixth DistrictSpalding Butts and Fayette
S H MAYSJackson
Twentyseventh DistrictNewton Walton Oconee and Rockdale J D PRICEFarmington
Twentveighth DistrictJasper Putnam and Morgan
J H BLACKWELLShady Dale
Twentyninth DistrictWilkes Columbia McDuffie and Lincoln
R D CALLAWAY Washington
Thirtieth DistrictOglethorpe Madison Elbert and Clarke C O STEVENSCrawford R F D
Thirtyfirst DistrictHart Habersham Franklin and Stephens JULIAN B McCURRY Hartwell
Thirtysecond DistrictWhite Dawson and Lumpkin
CHAS J HARBENJuno
ThirtyThird DistrictHall Banks and Jackson
H H PERRYGainesville
Thirtyfourth DistrictGwinnett DeKalb and Henry
S C McWILLIAMS Stockbridge
Thirtyfifth DistrictCobb Fulton and Clayton
J M SLATON Atlanta
7
Thirtysixth DistrictCampbell Coweta Meriwether and Douglas
J R McCOLLUM Newnan
Thirtyseventh DistrictCarroll Heard and Troup
F M LONGLEYLaCrange
Thirtyeighth DistrictHaralson Polk and Paulding
E S GRIFFITH Buchannon
Thirtyninth DistrictMilton Cherokee and Forsyth
J N McCLUREDuluth
Fortieth DistrictUnion Towns and Rabun
F E CONLEY Blairsville
Fortyfirst DistrictPickens Fannin and Gilmer
W T DAY Jasper
Fortysecond DistrictBartow Floyd and Chattooga
R Y RUDICILiSummerville
Fortythird DistrictMurray Gordon and Whitfield
LOGAN R PITTS Calhoun
Fortyfourth DistrictWalker Dade and Catoosa
J Y WOODCedar Grove
8
CHAIRMAN AND VICECHAIRMAN
ACADEMY FOR THE BLIND
Rutherford Chairman
Jackson ViceChairman
AGRICULTURE
Price Chairman
Murray ViceChairman
APPROPRIATIONS
Burwell Chairman
McCurry ViceChairman
AUDITING
Sellers Chairman
Harben ViceChairman
BANKS
Morris Chairman
Bowen ViceChairman
CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT
Ward C A Chairman
Akin ViceChairman
CONSTITUTIONAL AMENDMENTS Perry Chairman
Irwin ViceChairman
CORPORATIONS
Irwin Chairman
Harrell ViceChairman
11
COUNTIES AND COUNTY MATTERS Callaway R D Chairman Calhoun ViceChairman
EDUCATION AND PUBLIC SCHOOLS McWilliams Chairman
Kemp ViceChairman
ENGROSSING
Patterson Chairman
Rutherford ViceChairman
I
ENROLLMENT
Conley Chairman
Harrell ViceChairman
FINANCE
Slater Chairman
Akin ViceChairman
HALLS AND ROOMS
Harrell Chairman
Wood ViceChairman
HYGIENE AND SANITATION Rudicil Chairman
McLean ViceChairman
IMMIGRATION AND LABOR Jackson Chairman
Perr ViceChairman
INTERNAL IMPROVEMENTS Harrell Chairman
Johnson ViceChairman
12
JOURNALS
Akin Chairman
Blackwell ViceChairman
GENERAL JUDICIARY Mathews Chairman
Griffith ViceChairman
SPECIAL JUDICIARY Womble Chairman
Jackson ViceChairman
MANUFACTURERS
King Chairman
McDowell ViceChairman
MILITARY AFFAIRS McCurry Chairman
Morris ViceChairman
MINES AND MINING
Day Chairman
Harben ViceChairman
PENITENTIARY
Gordy Chairman
Patterson ViceChairman
PENSIONS
Cates Chairman
Mays ViceChairman
PEIVILEGES AND ELECTIONS Murray Chairman
Blackwell ViceChairman PRIVILEGES OF FLOOR Wood Chairman
Cates ViceChairman
13
PUBLIC LIBRARY
Kemp Chairman
McDowell ViceChairman
PUBLIC PRINTING
Griffith Chairman
Day ViceChairman
PUBLIC PROPERTY McCollum Chairman
Bowen ViceChairman
PUBLIC ROADS
McDowell Chairman
Callaway R D ViceChairman
RAILROADS
Longley Chairman
King ViceChairman
RULES
The President Chairman ExOfficio McCurry ViceChairman
SCHOOL FOR DEAF
Pitts Chairman
Johnson ViceChairman
STATE OF THE REPUBLIC Blackwell Chairman
Perry ViceChairman
STATE SANITARIUM
McLean Chairman
McCollum ViceChairman
14
TEMPERANCE
Callaway J P Chairman Longley ViceChairman
UNIVERSITY OF GEORGIA Stevens Chairman
Wakd C A ViceChairman
WESTERN ATLANTIC RAILROAD McClure Chairman
Rutherford ViceChairman
ACADEMY FOR THE BLIND
Rutherford Chairman Jackson ViceChairman
Wood Kemp
Johnson Mays
Cates
AGRICULTURE
Price Chairman Murray ViceChairman
Callaway J P Akin
Bowen
Callaway R D Cates
Day
Harben
Johnson
Kemp
Mays
McWilliams
McCollum
McClure
McLean
Stevens
Ward J S
Ward C A
Wood
McDowell
Womble
Blackwell
15
APPROPRIATION S
Bowen
Callaway
Cates
Griffith
Irwin
Jackson
Longley
Stevens
Conley
Day
Jackson
Conley
Burwell Chairman McCurry ViceChairman
Womble
J P Mays
Morris McLean McDowell McCollum Rudicil Rutherford McWilliams
AUDITING
Sellers Chairman Harben ViceChairman
Mays
Womble
BANKS
Morris Chairman Bowen ViceChairman Akin Longley
Callaway J P McDowell
Conley Sellers
King
CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT
Ward C A Chairman
Akin ViceChairman
Callaway R D Griffith
Patterson Slater
CONSTITUTIONAL AMENDMENTS Perry Chairman
Irwin ViceChairman
Longley Calloway B D Slater Matthews Morris
Womble
Butherford
Calhoun
Gordy
Sellers
COBPOBATIONS Irwin Chairman
Harrell ViceChairman
Calhonn Pitts
King Sellers
McDowell Stevens
McClure Akin
Patterson Bowen
Mays
COUNTIES AND COUNTY MATTEBS
Callaway B D Chairman
Calhoun ViceChairman
Pitts
McWilliams
Ward J S
Wood
McDowell J ohnson Cates Patterson
17
EDUCATION AND PUBLIC SCHOOLS
McWilliams Chairman Kemp ViceChairman
McLean Irwin
McClure Harben
Cates Perry
Bowen McCurry
Callaway J P Blackwell
Johnson Pitts
Mays Ward J S
Akin Womble
Morris Gordy
Griffith Wood
Harrell
ENGROSSING
Patterson Chairman Rutherford ViceChairman Harrell Cates
Burwell
Kemp
Pitts
Sellers
ENROLLMENT
Conley Chairman Harrell ViceChairipan
Rutherford Wood Ward J S
FINANCE
Bowen
Callaway R D Callaway J P Calhoun
Gordy
King
Slater Chairman
Akin ViceChairman
Matthews
Stevens
Price
Ward C A McClure
18
HALL AND BOOMS
Harrell Chairman
Wood ViceChairman
Day Conley
HYGIENE AND SANITATION
Budicil Chairman
McLean ViceChairman Longley McCurry
Patterson Morris
IMMIGBATION AND LABOB
Jackson Chairman Perry ViceChairman
McCurry
Slater
Gordy
Blackwell
Burwell
Price
Butherford
Womble
Akin
King
INTEBNAL IMPBOVEMENTS
Harrell Chairman
Johnson ViceChairman
Wood Pay
Murray Conley
JOUBNALS
Akin Chairman
Blackwell ViceChairman Wood Ward J S Jr
Harben
19
Burwell Calhoun Day Harrell Irwin Jackson Longley GENERAL JUDICIARY Mathews Chairman Griffith ViceChairman McCurry Perry Rutherford Sellers Slater Ward C A Womble
Price Stevens SPECIAL JUDICIARY Womble Chairman Jackson ViceChairman McCollum Patterson
Callaway J P Murray
Gordy Morris
McClure
Akin MANUFACTURERS King Chairman McDowell ViceChairman Ward J S Jr
Patterson Stevens
Pitts Murray
mjlitary affairs
McCurky Chairman Morris ViceChairman Rutherford Stevens
Slater Crordy
Ward C A Sellers
Wood Perry MINES AND MINING Day Chairman Harben ViceChairman Conley Rndicil
Mays Conley McLean Irwin PENITENTIARY Gordy Chairman Patterson ViceChairman McClure McWilliams Griffith King
Ward J S Jr Ward C A
Callaway J P Calhoun
Callaway R D
Gordy Wood Burwell PENSIONS Cates Chairman Mays ViceChairman Harben Blackwell Morris
McDowell Jackson
PRIVILEGES AND ELECTIONS Murray Chairman
Kemp Price Blackwell ViceChairman Griffith Harben
Ward J S Jr
McClure PRIVILEGES OF FLOOR Wood Chairman Cates ViceChairman Sellers
21
PUBLIC LIBRARY Kemp Chaimaan McDowell ViceChairman Sellers Perry
Callaway R D
PUBLIC PRINTING Griffith Chairman
Day ViceChairman
Stevens Ward J S Jr
Calhoun
PUBLIC PROPERTY McCollum Chairman Bowen ViceChairman Johnson Rudicil
PUBLIC ROADS
McDowell Chairman
Callaway R D ViceChairman Rutherford Rudicil
Murray Harrell
Bowen Ward J S Jr
McCollum Matthews
Jackson Morris
RAILROADS
Longley Chairman King ViceChairman
Irwin
McLean
Kemp
Mays
McDowell
McCollum
McClure
Slater
Patterson
Womble
Akin
Gordy
Callaway R D Price
Calhoun
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RULES
Matthews
Slater
Burwell
Harrell
Kemp
McLean
Burwell
Longley
Price
Griffith
Callaway
Conley
Callaway
Irwin
King
McCurry
Harben
The President Chairman ExOfficio McCurry ViceChairman
Longley
Irwin
Gordy
SCHOOL FOR DEAF
Pitts Chairman
Johnson ViceChairman
Rudicil
Blackwell
STATE OF THE REPUBLIC
Blackwell Chairman
Perry ViceChairman
Murray
Mathews
Day
STATE SANITARIUM
McLean Chairman McCollum ViceChairman
Murray
J P Mays
Ward J S Jr R D Johnson
Rutherford
Jackson
Cates
McWilliams
23
TEMPERANCE
Callaway J P Chairman Longley ViceChairman
Akin Mathews
McCollum Perry
Slater Jackson
Morris MeCurry
McDowell Gordy
McLean Blackwell
Price Day
Bowen Pitts
Womble
UNIVERSITY OF GEORGIA
Stevens Chairman
Ward C A ViceChairman
MeCurry Slater
Price Rudicil
Calhoun Harben
McClure McWilliams
Pitts Mathews
Callaway of 29th
WESTERN ATLANTIC RAILROAD
McClure Chairman
Rutherford ViceChairman
McCollum Patterson
King Womble
Callaway J P Bowen
McWilliams Price
Harben Irwin
Ward C A Mathews
McDowell Burwell
24
Rules of the Senate
THE PRESIDENT
Rule 1 The President shall in his discretion suspend irrelevant debate and command silence whenever he may deem it needful
Rule 2 In all cases of election by the Senate the President shall vote In other cases he shall not vote unless the Senate shall 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 President may vote
Rule 3 When two or more Senators shall rise at the same time the President shall name the Senator entitled to proceed
Rule 4 All committees shall be appointed by the President unless otherwise ordered by the Senate
Rule 5 The method of stating the question or any motion by the President 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 President or a division of the Senate is called for by any one member of the Senate the President shall call upon the Senators in favor of the motion to rise and after a count is had by the Secretary he shall call upon the Senators to reverse their positions and the President shall announce the result
Rule 6 Jbe President may during a days sitting name any Senator to perform the duties of the Chair during any part of that sitting but no longer
Discretion of President
When President shall vote
Right of Senator to the floor to be decided by the President
President to appoint committees
Method of stating a question by President
President may name Senators to preside
27
Duty of Secretary when President it absent
When no debate on appeals
Rule 7 Whenever from any cause the President shall be absent the President pro tempore shall preside and if both shall be absent the Secretary of the Senate shall call the Senate to order and shall preside until a President pro tempore shall be elected which said election shall be the first business of the Senate The President pro tempore thus elected shall preside until the return of one of the first named officers when his functions shall cease
Rule 8 On all appeals on questions of order of a personal character there shall be no debate
Appeals to be made at once
Power of President to suspend subordinate officers
When President may order galleries and lobbies cleared
No quorum voting duty of President
When President may order vote taken by yeas and nays
Rule 9 All appeals from the decisions of the Chair shall 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 Messenger and Doorkeepers for misconduct or neglect of duty and when such suspension has been made he shall report the same to the Senate within twentyfour hours thereafter for such action as the Senate may see fit to take in the premises
Rule 11 The President shall have power to cause the galleries and lobbies of the Senate cleared by the Messenger 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
Rule 12 When less than a quorum vote on any subject under consideration by the Senate the President may order the door of the Senate to be closed and the roll of Senators called by the Secretary and if it is ascertained that a quorum is present either by answering to their names or by their presence in the Senate and if any Senator present then refuses to vote unless excused such refusal shall be deemed a contempt of the Senate
Rule 13 The President may at any time order the roll called on any question and take the vote by yeas and nays
28
where a division of the Senate discloses the fact that a quorum of the Senate has not voted
Rule 14 All questions as to priority of business to be acted on shall be decided by the President without debate
ON DECORUM AND DEBATE
Rule 15 When any Senator is about to speak in debate or deliver any matter to the Senate he shall arise from his seqd and respectfully address himself to Mr President He shall be confined to matter in debate shall not speak more than twice on any subject nor more than once until every member choosing to speak shall have spoken If any Senator in speaking or otherwise transgress the rules of the Senate the President shall call him to order in which case the Senator so called to order shall immediately sit down unless permitted to explain The Senate shall if appealed to decide and if the decision of the Senate be not submitted to the delinquent for the first offence 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 said vote shall be taken by ayes and nays
Rule 16 If any Senator be called to order for words spoken the words excepted to shall be taken down in 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 thereto But no Senator shall be held to answer or be subject to the censure of the Senate for words spoken in debate if any other Senator has spoken or other business has intervened after the words were spoken and before the exception to them was taken
Rule 17 The members of the Senate shall forbear from private conversation and preserve silence until a speaking Senator shall have taken his seat
Decision on questions of priority
Conduct of Senators in debate
Appeals
Expulsion See Rule 147
Exception to words spoken
Silence
29
Mode of
designating
Senators
Shall not vote when interested in result
Protests
Duty while Senator is speaking and at adjournment
Restrictions in debate
Applause and hisses forbidden
No debate during yeas and nays
Only one motion be made at a time
Explanation
Rule 18 The Senators shall avoid naming each other when they may have occasion to take notice of their observations but may designate them by the districts they represent
Rule 19 No Senator shall vote upon any question in the result of which he is personally interested and in every 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
Rule 20 Any Senator may have entered on the Journal 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 21 No Senator shall pass between the Chair and a Senator while he is speaking nor shall any Senator at the time of adjournment leave his seat until the President retires
Rule 22 No Senator shall in debate refer to any private conversation had with another Senator or to any matters which have transpired in any committee or in the House
Rule 23 Applause or hisses in the Senate chamber or in the galleries or lobby during any speech or legislative proceedings shall be promptly suppressed
Rule 24 During the calling or reading of ayes and nays on any question no debate shall be had
Rule 25 No Senator can make more than one motion at a time and wliile the motion is being put to the Senate he must resume his seat and he is not further entitled to the floor unless again recognized by the President
Rule 26 No Senator having asked and obtained leave of the Senate to explain his vote on any question before the Senate shall be allowed more than ten minutes for such
30
explanation unless said time is extended by a vote of the Senate
Rule 27 When the reading of any paper is called for and the same is objected to by any Senator it shall be determined by a vote of the Senate and this motion shall be decided without debate
Rule 28 A motion to excuse a Senator from voting must be made before the Senate divides or before the call of the yeas and nays is commenced and it shall be decided without debate except that the Senator making the motion may briefly state the reason why in his opinion it ought to prevail
DIVISION OF A QUESTION
Rule 29 Any one Senator may call for a division of the question on a subject in which the sense thereof will admit of it
Rule 30 The Senator calling for a division must state into how many and definitely what parts he would have the question divided Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself and be consistent and entire
BILLS AND RESOLUTIONS
Rule 31 All bills and resolutions shall be called in the order in which they stand on the calendar nd before reading any bill or resolution the second or third time the Secretary shall distinctly state its number and the name of the Senator by whom introduced provided that the General Appropriation Bill and the General Tax Bill shall have precedence on third reading until the same shall have been finally disposed of
Rule 32 Every motion to suspend the rules for the purpose of taking up bills or resolutions out of their regular order and every motion to makespecial orders shall except by the unanimous consent of the Senate be sub
31
Reading of papers
Motion to excuse when made
Excuses
from
voting
Call for division
Division how made
Bills ana resolutions called in order Proviso
What motions to be in writing
2man
Question on first reading
Effect of favorable report of committee
Adverse report of committee
Bills when withdrawn
Transmission to House by majority vote
Bills when printed
Bills and resolutions to be in writing
How indorsed
Reports of committees order of action
mitted in writing and reported upon by the Committee on Rules before being submitted to the Senate
Rule 33 No debate shall be admitted upon any bill at the first reading and the question shall be Shall this bill be committed or engrossed In case of engrossment the entry thereof shall be made by the secretary and the bill shall not be amended thereafter unless subsequently committed In cases where the report of a committee is favorable to the passage of the bill the same shall be read a second time and passed to a third reading without question Where the report of a committee is adverse to the passage of a bill on the second reading thereof the question shall be on agreeing to the report of the committee If the report of the committee is agreed to the bill shall be lost If the report of the committee is disagreed to the bill shall be passed to a third reading unless recommitted Provided however that bills and resolutions adversely reported shall not be taken up for a second reading except by request of some member of the Senate Any bill may be withdrawn at any stage thereof by consent of the Senate
Rule 34 No bill or resolution shall be transmitted to the House on the day of the passage thereof unless a majority of the Senators present shall so order
Rule 35 No bill shall be printed until after the same has been reported to the Senate by the committee to which it has been referred or by request of said committee and the order of the Senate agreeing thereto
Rule 36 All bills and resolutions shall be written or printed and shall have the name of the Senator introducing the same as well as the district he represents indorsed on the back of the same and in the case of bills the caption of the bill shall also be indorsed on the same
Rule 37 Where a bill or a relolution has been referred and reported by more than one committee or has been reported on and recommitted to the same committee the last committee report shall be acted on by the Senate
32
PRECEDENCE OF MOTIONS
Rule 38 When any subject is before the Senate for consideration or under debate no motion shall be received except the following to wit
1st A motion to adjourn
2d A motion to lay on table
3d A motion for the previous question
4th A motion to postpone indefinitely
5th A motion to postpone to a day certain
6th A motion to commit
7th A motion to amend
Which said several motions shall have precedence in the order named
MOTION TO ADJOURN
Rule 39 A motion to adjourn is in no instance debatable nor shall said motion be made a second time until further progress has been made in the business before the Senate A motion to adjourn in its simple form shall not be amended
Rule 40 A motion to adjourn on a particular day or for a particular time if made when the Senate is not actually engaged in other business is debatable
Rule 41 The motion to adjourn can be made at any time when the Senator moving it can legitimately obtain the floor
Rule 42 A motion to adjourn may be made after the 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 called the first name of th 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 43 When a motion to adjourn in its simple form prevails it adjourns the Senate to the next sitting day or time in course
Order of precedence
Not debatable when may be renewed Amendment
When
debatable
When
made
When not to order
Effect of adjournment
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Hour of ad
ness postponed
Amendment or substitute cannot be laid on table
How matters may be taken from table
When renewed
Not debatable or amendable
What can be tabled
When in order
Effect of previous question
Rule 44 Whenever the hour of adjournment as fixed by a prior resolution shall arrive while the vote of the Senate is being taken by the yeas and nays the session shall continue until the final vote is taken and announced and if said fixed hour of adjournment shall 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 shall stand adjourned by virtue of said prior resolution
MOTIONS TO LAY ON THE TABLE
Rule 45 No motion to lay an amendment or substitute on the table shall be in order
Rule 46 A majority of a quorum voting may take from the table at any time when the Senate is not engaged on any other measure any bill resolution or other paper which has been ordered to lie on the table
Rule 47 A motion to lay on the table or to take from the table can be renewed from time to time when new business has intervened between the votes
Rule 48 Neither the motion to lgy on the table nor the motion to take from the table is debatable or amendable
i Rule 49 Nothing can be legitimately laid on the table excepting what can be taken up again
Rule 50 A motion to day on the table may be made after the 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 lay on table is in order
THE MOTION FOR THE PREVIOUS QUESTION
Rule 51 The motion for the previous question shall be decided without debate and shall take precedence of all
34
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 r 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 to wit 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 52 When the previous question has been ordered Twenty
mmutes
the Senate shall then proceed to act on the mam question debate ai
lowed
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 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
Rule 53 After the main question is ordered any Sen vote how ator may call for a division of the Senate in taking the vote or may call for the yeas and nays but on all questions Yeas and on which the veas and nays are called the assent of one fifth necesfifth of the number present shall be necessary to sustain the call and whpn such call is sustained the yeas and nays shall be entered on the journal
Rule 54 The effect of the order that the main ques Effectof tion be now put is to bring the Senate to a vote on pend being ing questions in the order in which they stood before it was moved
35
Reconsideration when in order
Contested
elections
How called and ordered
Call of the Senate when in order
Questions of order
Effect
Not amendable
When cannot be applied
Rule 55 After the main question has been ordered excepting one motion to reconsider the action in ordering the main question no motion to reconsider shall be in order until after the vote on the main question is taken and announced
Rule 56 In all cases of contested elections where there is a majority and a minority report from the committee on privileges and elections if the previous question is ordered there shall be twenty minutes allowed to themember 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 57 The previous question may be called and ordered upon a single motion or an amendment or it may be made to embrace all authorized motions or amendments and include the entire bill to its passage or rejection
Rule 58 A call of the Senate shall not be in order after the previous question is ordered unless it shall appear upon an actual count by the President that a quorum is not present
Rule 59 All incidental questions of order arising after a motion is made tor the previous question and pending such motion shall be decided whether on appeal or otherwise without debate
MOTIONS TO INDEFINITELY POSTPONE
Rule 60 When a bill resolution or other measure is 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 61 The motion to indefinitely postpone lays open the whole question for debate but it cannot be amended
Rule 62 While the motion to indefinitely postpone takes precedence over a motion to postpone to a day cer
36
tain or to commit or amend yet this motion cannot be applied to said motions nor can it be applied to incidental questions such as questions of order reading of papers withdrawal of a motion and suspension of a rule
Rule 63 No motion to indefinitely postpone shall be renewed on any bill resolution or other measure after the same has once been voted down
MOTION TO POSTPONE TO A DAY CERTAIN
Rule 64 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
MOTION TO COMMIT
Rule 65 Motions to commit may be made to refer a bill resolution or other measure to a standing or special committee
Rule 66 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 67 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 68 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 69 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 70 There are three ways in which a proposition may be amended to wit
1st By inserting or adding words
2d By striking out words
3d By striking out and inserting words
37
Not renewed
Debste when and how al
Motion to commit
Precedence of
When debatable
How
amended
Motion to recommit
Amendments how made
Bill first perfected then the substitute
When too late to amend
Must be in writing
Priority
Blanks
Caption
when
amended
Amnding by sections
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 71 When a bill or resolution is before the Senate for consideration and amendments are pending thereto and a substitute shall be offered for said bill or resolution and an amendment shall be offered to said substitute t shall be in order for the Senate to first perfect the original bill or resolution and then perfect the substitute The question shall then be on agreeing to the substitute as amended if it be amended and if decided in the affirmative the question shall be Shall this bill pass or resolution be adopted as the case may be by substitute
Rule 72 An amendment cannot be offered after the report of the committee to whom was referred the bill or resolution under consideration has been agreed to by the Senate unless said action of the Senate in so agreeing to said report of said committee shall first be reconsidered
Rule 73 All motions to amend any matter before the Senate must be in writing and must plainly and distinctly set forth the amendment desired and the part of the bill or resolution where said amendment shall be inserted or added
Rule 74 On all questions whether in committee or in the Senate th last amendment the most distant day and the largest sum shall be first put
Rule 75 Where blanks occur in any proposition they must be filled first before any motion is made to amend
Rule 76 The caption or preamble qf a bill or resolution shall not be considered or amended until the measure has been perfected
Rule 77 When aproposition consisting of several sections 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
38
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 78 When a motion is made to amend by striking out and inserting the Secretary shall read the paragraph as it is then the words to be stricken out and finally the whole paragraph as it would be if amended
Rule 79 When a motion is made to amend by striking out a paragraph any amendment offered to perfect the paragraph shall be put first before the question is put for striking it out
Rule 80 When any bill or resolution which originated in 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 amendment cannot be further amended it must be agreed to or voted down
Rule 81 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
Rule 82 The questions which arise before the Senate respecting amendments by the House to a Senate bill or resolution are
1st A motion to agree to the House amendment
2d A motion to disagree to the House amendment
3d A motion to recede from its disagreement or amend ment
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
39
Amendments by striking out and in serting
Priority of amendment to perfect
Amending
House
amendments
See Rule 130
Priority
Priority of questions on House amendments
Motion to reconsider
Shall not be withdrawn when
When there may be one reconsideration
When in order
Amendments when reconsidered
Place of Calender
Morning
rollcall
dispensed
with by
majority
vote
Names of absentees noted
Power to compel attendance
RECONSIDERATION
Rule 83 When the Journal of the preceding day shall be read it shall be in the power of any Senator to move for a reconsideration of any matter therein contained except such matter 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
Rule 84 The notice of a motion to reconsider shall not be withdrawn after the time has elapsed within which it might originally have been made
Rule 85 No matter shall be reconsidered more than once
Rule 86 Motions 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 reconsideration on the day of said action
Rule 87 The action of the Senate upon an amendment may be reconsidered at any time before final action upon the section bill or resolution to which it relates
Rule 88 All bills reconsidered shall take their place at the foot of calendar of bills then in order for a third reading
ABSENTEES
Rule 89 The rollcall at the opening of each session of the Senate shall not be dispensed with except by a majority vote of the Senators present
Rule 90 Upon the call of the Senators ordinary and extraordinary the names of the absentees shall be noted by the Secretary and shall appear upon the Journal
COMPELLING ATTENDANCE
Rule 91 The power to compel the attendance of Senators in order to keep or secure a quorum shall be vested
40
in 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 SergeantatArms of the Senate and on order of the President may arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid
CALL OF THE SENATE
Rule 92 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 pffevail0 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 who are absent without leave may by the order of the majority of the Senators present be sent for and arrested wherever they may be found by officers to be appointed by the Messenger for that purpose and their attendance secured and the Senate shall determine upon what conditions they shall be discharged
MISCELLANEOUS RULES
Rule 93 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 94 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 is being taken A message shall be presented to the Senate by the President when received or afterwards according to its nature and in the business
41
Sergeant
atarms
Call how ordered Subsequent proceedings
Messages
Messages when received and considered
Motions which the Senate is engaged or its consideration may on motion be ordered by the Senate Rule 95 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
Petitions memorials etc Rule 96 Any member presenting a petition mmorial 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
No debate Rule 97 Any motion to suspend the rules or change the order of business shall be decided without debate
Motions ot privileged Rule 98 Any motion not privileged containing new matter shall lie at least one day on the table
Record Rule 99 Whenever on any question the yeas and nays shall have been ordered the Secretary shall also enter on the Journal the names of those members not voting
Not necessasary to second motion Rule 100 Where a motion is made by any Senator it shall not be necessary that the same shall be seconded before being put to the Senate
Committees how and when enlarged Rule 101 After the announcement of the standing com mittees no other Senators shall be placed thereon unless it be at the request of a majority of the committee to be added thereto except when Senators have been elected to fill vacancies caused by death or otherwise the President may assign said Senators to such committees as he may see fit and he may fill any vacancy in chairmanships
Privileges of the floor Rule 102 INTo person shall be allowed to enter upon the 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 officers of the Executive Department exGovernors Judges of the Supreme and Superior Courts in actual commission expresiding officers of 42
P
the Senate and House and such others at the Senate may allow upon recommendation of the committee on the privileges of the floor
Rule 103 It shall be the duty of the committee on Journals to read the Journal of each days proceedings on Journals and report to the Senate that the same is correct before the Journal is read by the Secretary
Rule 104 The hour to which the Senate shall stand ad Adjournment journed every day shall be 10 oclock a m of the succeeding day except Sunday unless otherwise ordered by the
Senate Motion for
Rule 105 A motion for the call of the yeas and nays shall be decided without debate
Rule 106 All writs warrants subpoenas issued by order stature of the Senate shall be signed by the President and attested dented by the Secretary
Rule 107 It shall be the duty of the Messenger to at Duty0f tend to the wants of the Senate while in session to aid in g the enforcement of order under the direction of the President and to execute the demands of the Senate from time to time together with all such processes issued under its authority as may be directed to him by the President
Rule 108 The Messenger under the direction of the Messengers Secretary shall superintend the distribution by the Pages tributmg of all documents and papers to be distributed to the members he shall distribute to the members the usual and necessary stationery required by them
Rule 109 No committee shall deface or interline a bill rea resolution or other paper referred to said committee but bidden shall report any amendments recommended on a separate paper noting the section page or line to which said amend ments relate
Rule 110 No pairing of members shall be recognized Pairang or allowed as an excuse for not voting
43
Committee of Conference
Amend
ments
Free debate
Motion
Majority and minority reports
What motions lie on table
Changing
votes
Rule 111 Whenever any Senator moves that a Committee 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 be excused by the President
Rule 112 After commitment Of a bill and report thereof to the Senate it may be amended before the report of the committee is agreed to by the Senate but the amendments if any reported by the committee shall be disposed of before any other amendment be considered unless it be an amendment to a committee amendment
Rule 113 No Senator shall after debating any question and before yielding the floor be allowed to submit any motion the effect of which shall be to prevent further debate
Rule 114 No motion on a subject different from that under consideration shall be admitted under color of amendment If a motion be made to strike out part of a bill or resolution a motion to amend the part proposed to be stricken out shall be first in order
Rule 115 All reports of a committee shall be in waiting and the minority of a committee may make a report in writing setting forth succinctly the reasons for their dissent
Rule 116 Every motion to alter the rules of the Senate or for information from the Executive or departments shall lie on the table one day
Rule 117 On the call of the yeas and nays the Secretary shall read the names of the Senators after they have been called and no Senator shall be permitted to change his vote unless he at that time declares that he voted under a mistake of the question
44
Rule 118 Questions of privilege shall be first those Questions affecting the rights of the Senate collectively its safety pn ege dignity and the intergity 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 119 In all elections a majority of the Senators Elections present shall be necessary to a choice
Rule 120 No bill or resolution appropriating money Apppnshall become a law unless upon its passage the yeas and nays are called and recorded All bills for raising rev reconjej enue or appropriating money must originate in the House of Representatives but the Senate may propose or con pcur in amendments as in other bills tlves
Rule 121 Whenever the Constitution requires a vote of Amendtwothirds of either or both Houses for the passage of an gwjggj act or resolution the yeas and nays on the passage thereof fm shall be entered on the Journal and when any amend journals ment to Constitution shall be agreed to by a twothirds vote of members elected such proposed amendment or amendments shall be entered on the Journal in full with the yeas and nays taken thereon
Rule 122 The first and second reading of local bills shall consist of the reading of the titles only unless said ecarfad bill is ordered engrossed
Rule 128 The Secretary and Assistant Secretary shall Secretary before entering on their duties as such take an oath before their presiding officer to discharge their duties faithfully and to the best of their skill and knowledge and the Secretary shall enter into bond in the sum of 5000 conditioned for faithful discharge of his duties Said bond to be approved by President of Senate
Rule 124 All engrossing and enrolling clerks before Oathorenentering upon the discharge of their respective duties engrossing shall take an oath before the President of Senate to discharge their duties faithfully and to the best of their skill
45
Must be examined by enrolling committee and to recommended by it as competent
Secretary must enter on journals proceed mgs of joint sessions
and knowledge of which a minute shall be made and entered on the Journals and no journalizing recording enrolling or engrossing clerk shall be appointed by the Secretary of Senate until such clerk has been examined by the Enrolling Committee and certified to be competent and well qualified for the discharge of the duties required of him and shall be removed at any time upon recommendation of the Enrolling Committee
Rule 125 When there is a meeting of both branches of the General Assembly in joint session the Secretary shall entery n the journal of the Senate the proceedings of the same
COMMITTEES
Rule 126 The President shall appoint the following standing committees
Committee on Academy for the Blind
Committee on Agriculture
Committee on Appropriations
Committee on Auditing
Committee on Banks
Committee on Congressional and Legislative Reapportionment
Committee on Constitutional Amendments
Committee on Corporations
Committee on Education and Public Schools
Committee on Engrossing
Committee on Enrollment
Committee on Finance
Committee on Hall and Rooms
Committee on Hygiene and Sanitation
Committee on Immigration and Labor
Committee on Internal Improvements
Committee on Journals
Committee on Judiciary for consideration of general bills
Committee on Judiciary for consideration of special or local bills
Committee on Manufactures
Committee on Military Affairs
46
Committee on Mines and Mining
Committee on Penitentiary
Committee on Pensions
Committee on Privileges and Elections
Committee on Privileges of the Floor
Committee on Public Library
Committee on Public Printing
Committee on Public Property
Committee on Public Roads
Committee on Railroads
Committee on Rules of which the President shall be ex officio Chairman
Committee on School for the Deaf
Committee on State of the Republic
Committee on State Sanitarium
Committee on Temperance
Committee on University of Georgia
Committee on W A Railroad
The Chairman and Chairman pro tern of the Committee on Appropriations shall be exofficio members of the Committee on Finance and the Chairman an Chairman pro tern of the Committee on Finance shall be exofficio members of the Committee on Appropriations
ORDER OF BUSINESS
Rule 127 The following shall be the order of business
1 Prayer by the Chaplain
2 Call of the Roll
3 Report of Committee on Journals
4 Reading the Journal
5 Confirmation of the Journal
6 Motions to reconsider
7 Unfinished business
8 Special orders
9 Presentation of Petitions
10 Reports of standing committees
11 Reports of select committees
12 Messages from the Governor
47
13 Messages from the House of Representatives
14 Introduction of bills the first time on Mondays Wednesdays and Fridays of each week
15 Reading House bills first time for reference
16 Reading bills favorably reported by the Committee third time on Tuesdays and Thursdays of each week
17 Consideration of bills adversely reported from committee on Tuesdays and Thursdays of each week
18 Reading of bills second time favorably reported from committee on Mondays and Saturdays of each week
19 Motions and Resolutions
20 General orders but messages from the Governor and House of Representatives and reports from all Committees may be received under any order of business
Rule 128 The report of the Committee on Rules shall be in order at any time
Rule 129 When any question arises which is not provided foiin the foregoing Rules the same shall be controlled by the rules usually governing parliamentary bodies
Rule 130 Any one of the foregoing Rules may be suspended by a twothirds vote of the Senators a quorum being present and voting thereon
48
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 person nominated by the Governor for office shall be kept secret
4 The Legislative and Executive proceedings of the Senate shall be kept in separate and distinct books
5 All nominations approved by the Senate or otherwise definitely acted on shall be transmitted by the Secretary to the Governor with the determination of the Senate thereon from day to day as such proceedings may occur but no further extract from the Executive Journal shall be furnished published or otherwise communicated during any session except by special order of the Senate and in transmitting the determination of the Senate thereon the Secretary shall in no instance furnish a list of the names of Senators voting in the affirmative or negative but only the fact of confirmation or rejection and the numerical vote and the record of votes shall be sealed and transmitted to the Secretary of States office there to be placed on file
6 A majority of a quorum shall be necessary to confirm the nomination to any officemade by the Governor and
49
sent to the Senate for approval When nominations are made by the Governor for any office which requires the assent and approval of the Senate in executive session after the Secretary shall read the name of the party nominated and the position to which he is appointed the President shall put to the Senate the following Shall the nomination of the Governor be confirmed by the Senate Those who favor the confirmation will as your names are called vote Aye those opposed vote No After the roll is called the President will announce the result of the ballot and declare the result as follows It appears from the vote that a majority of the Senators have voted to confirm the appointment made by the Governor the same is hereby confirmed by the Senate or A majority of the Senators have voted against the confirmation of the nomination made by the Governor it is therefore rejected by the Senate
7 No Senator will be at liberty at any time or under any circumstances to expose or publish anything transpiring in executive session except only such matters as are required to be disclosed under the rules It is the intent and meaning of this rule that the business transacted in executive session shall be sacred and free from exposure to the outside world and that every Senator shall be on his honor concerning the same
RULES
For the Government of The General Assembly When Assembled in Joint Session
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 The elections 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
3 The votes are to be taken for but one election at the same time and a majority of the whole number of votes cast is necessary to a choice
4 The Senate and House of Representatives shall meet in joint session in the hall of the House of Representatives on the first Monday of every session at 10 oclock a m or at such time as may be fixed by joint resolution of both houses for the purpose of electing such officers of said State as are now or may hereafter be required to be elected by the General Assembly Said joint session shall continue in morning and afternoon sessions from day to day until all of said officers are elected
5 At the hour determined by the concurrent resolution the Senate shall repair to the Hall of the House of Representatives
6 The President of the Senate shall preside and an
53
nounce 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
7 The Speaker of the House shall sit on the left of the President of the Senate
8 In announcing a candidate the mover shall not make any commendatory or other remarks
9 After a person is nominated for any office in joint session of the General Assembly it shall not be in order to second such nomination and when the nomination is declared closed the President shall forthwith order the rollcall and each member when called shall rise in his seat and respond promptly announcing distinctly his choice for such office
10 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
11 No debate shall be in order except as to questions of order
12 No motion to adjourn shall be in order In lieu thereof there shall be the motion to dissolve the joint session which shall be in the form That the joint session of the General Assembly be now dissolved or That the joint session of the General Assembly be now dissolved to be reconvened at a time named The latter motion shall have precedence of the former
13 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
14 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
15 When a motion to dissolve the joint session either
54
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 farther motion immediately repair to the Senate Chamber
16 The majority of each house shall be necessary to constitute a quorum of the joint session
17 These rules may be amended by the concurrent resolution of the two houses and they or either of them shall cease to be in force when either house shall notify the other house of the withdrawal of its consent to the same
OFFICERS AND MEMBERS
OF THE
HOUSE OF REPRESENTATIVES
OFFICERS OF THE HOUSE OF REPRESENTATIVES 19091910
Hon Jno N Holder of JacksonSpeaker
Hon R N Hardeman of JeffersonSpeaker Pro Tem
Hon Jno T Boifeuillet of BibbClerk
D F McClatchey Jr of CobbReading Clerk
O L Gresham of BurkeJournal Clerk
E B Moore of Taliaferro Calendar Clerk
O H B Bloodworth Jr of MonroeMessage Clerk
D T Paulk of Ben HillMessenger
W T Morris of TalbotDoorkeeper
MEMBERS OF THE HOUSE OF REPRESENTATIVES
19091910 ALPHABETICALLY ARRANGED
Name County Postoflice
Adams J 0 Hall Gainesville
Alexander Hooper DeKalb Decatur
Alexander H A Fulton Atlanta
Allen W Y Upson Thomaston
Alley J H White Nacoochee
Anderson J J E Bulloch Statesboro
Anderson J R Chatham Savannah
Armistead J P Oglethorpe Crawford
Atherton J T Pickens Tate
Atkinson Paul M Morgan Madison
Ault E S Polk Cedartown
Barksdale R 0 Wilkes Washington
Bagley B F Chattahoochee Cusseta
Bailey J W Miller Colquitt
Baker R H Lumpkin Dahlonega
Barrett Fermor Stephens Tuccoa
Beacham W E Dooly Pinehurst
Beasley C H Lee Leesburg
Bell Jno T Cherokee Canton
Berry T N Union Blairsville
Booker F G Wilkes W ashington
Boyd Jos D Spalding Griffin
Brinson S Decatur Brinson
Brinson B L Emanuel Stillmore
Brown W F Carroll j Carrollton
Brown Geo Fulton Atlanta
Brown R C Henry Locust Grove
Brotvn S A Murray Eton
Burch J E Laurens Dublin
Butt Wm Fannin Blue Ridge
Buxton W R Burke Girard
Calbeck 0 Gordon Calhoun
Cannon C E Rabun Clayton
Carswell G H Wilkinson Irw inton
Carter S B Hall Gainesville
Chandler H H Franklin Lavonia
Childs J T Taylor Butler
Converse W L Lowndes Valdosta
Cook M L Thomas Boston
Cordell B R Elbert Bowman
Couch M H Coweta Senoia
61
Name
County
Postoffice
Cowan J W Rockdale Conyers
Culberson H L Lincoln Amity
Cureton W W Dade Rising Fawn
Daniell G L Cobb Smyrna
Davis Jos S Dougherty Albany
Dickson Marion Ben Hill Fitzgerald
Drawdy S L Clinch Homerville
Edmondson B H Chattooga Summerville
Edwards B J Walton Monroe
Elder J P Oconee F armington
Ellis Roland Bibb Macon
Ellison S T Harris Ellerslie
English J M Warren Warrenton
Evans W H Bibb Macon
Faircloth Wm Johnson Wrightsville
Fender J F Lowndes Valdosta
Field Alonzo DeKalb Decatur
Fields S R Crisp Cordele
Ford G G Worth Sylvester
Fullbright H J Burke Waynesboro
Garlington Sam F Richmond Augusta
Gastley T J Habersham Clarksville
Gillis Neil L Emanuel Covena
Godley Thos M Camden Kingsland
Graddick C C Crawford Mussola
Griffin F W Sumter Americus
Griffin H F Twiggs Jeffersonville
Guyton C T Effingham Guyton
Hall Jos H Bibb Macon
Hardeman R N Jefferson Louisville
Hardman L G Jackson Commerce
Harrington T J Liberty Donald
Harvey D M Wilcox Pineview
Hatfield J I Coffee Douglas
Heard J P Dooly Vienna
Helms GW w Paulding Dallas
Hendrson J A J Irwin Ocilla
Heiidrson J Wi Turner Sycamore
Hendricks W H Tift Tifton
Hill Ben F Monroe Forsyth
Holder J no N Jackson Jefferson
Holder G B Floyd Rome
Holtzclaw R N Houston Perry
Howell W C Echols Howell
62
Name County Postoffice
HubbardJno R Dawson Hubbard ville
Hllender W C Catoosa Ringgold
Huie G M Clayton Riverdale
Johnson M L Bartow Cartersvdle
Johnson L W Jeff Davis Hazleburst
Johnson J F Towns Hiqssee
Joiner B D Washington jUnnille
Jones M S Laurens Dublin
Jones W R Meriwether Greenville
Jones A T Mitchell Sale City
Keith G J Meriwether Oakland
Kelley J A Jasper Monticello
Kendrick Jno R Taliaferro Sharon
Kennedy J R TattnaU Manassas
Kieklighter W T Bryan Groveland
Kidd W J Raker Newton
Kirby Jos T Coweta Newnan
Lawrence A A Chatham Savannah
Lewis R H Hancock Sparta
Littleton J R Richmond Augusta
Lord Iverson Washington Tennille
Lovejoy Hatton Troup LaGrange
Marshall M H Jr Terrell Dawson
Meadows S J Telfair Helena
Meadows S B Toombs Yidalia
Middlebrooks L L Newton Covington
Miller A L Calhoun Edison
Miller S F Ware W aycross
Milikin Ben Wayne Jesup
Minter R P Fayette f Fayetteville
Mitchell R G Jr Pierce Blackshear
Moore D C Columbia Harlem
Moss H B Cobb Marietta
MacFarland F H McIntosh Darien
MacIntyre W I Thomas Thom as ville
McArthur D S Montgomery Lumber City
McCarthy Joseph Chatham Savannah
McConnell J P Gwinnett Grayson
McCrory C R Schley Ellaville
McCurry A A Hart Hartwell
McCutchen P T Heard Franklin
McElreath W alter Fulton Atlanta
McMahan J J C Clarke Athens
McMichael J M Butts Jackson
63
3man
Name County Postoffice
McMichael E H Marion Buena Vista
McWhorter W P Greene Woodville
Oliver T W Quitman Georgetown
JParker 1 Decatur Climax
V M Talbot Prattsburg
Paulk Geo Berrien Alapaha
Peacock Z Pulaski Cochran
Persons G 0 Monroe F orsy th
Pierce W B Richmond Augusta
Pope M E Brooks Barwick
Porter C H Floyd Rome
Price J A Bartow Adairsville
Proctor H A Jenkins Scarboro
Reaves R R McDuffie Bearing
Redding J F Pike V Barnesville
Reese Millard Glynn Brunswick
Reid C S Campbell Palmetto
Reid J E Macon Montezuma
Reid A S Putnam fEatonton
Rentz T H Houston Grovania
Roberts J H Dodge Eastman
Rogers W T Randolph Coleman
Rosser J E W alker LaFayette
Sheppard J E Sumter Americus
Shirley Tribble Milton Alpharetta
Simmons R Bulloch Statesboro
Simpson 0 0 Gwinnett Norcross
Slade J J Muscogee Columbus
Smith R E Gilmer Ellijay
Smith M W Tattnall Claxton
Smith J W Walton Monroe
Stovall A S J Elbert Elberton
Strong D D Early Blakely
Stubbs J B Thom as Ochlochnee
Tarver M C Whitfield Dalton
Tippins G B Appling Surrency
Tracey C C Webster Preston
Tuggle W T Troup LaG range
Turner T R Jones Haddock
Turnipseed B M Clay FoH Gaines
Upshaw L C Douglas Douglasville
Vinson CarL Baldwin Milledgeville
Waddell W J Haralson Bremen
Walters J M Colquitt Hartsfield
CA
Name
County
Postoffice
Wasden B RCharltonWinokur
Watkins M DCarrollWhitesburg
White H SScrevenSylvania
Whiteley J W PGlascock Gibson
Wight W S Grady Cairo
Williams J YMadisonHull
Wohlwender E MuscogeeColumbus
Wood A WBanksCommerce
Woodliff A HForsythFlowery Branch
Wright BarryFloydRome
Wright A R StewartRenfroes
MEMBERS OF THE HOUSE OF REPRESENTATIVES OF GEORGIA 19091910 BY COUNTIES
County Name Postoffice
Appling G B Tippins Surrency
Baker W J Kidd Newton
Baldwin Carl Vinson Milledgeville
Banks A W Wood Commerce
Bartow M L Johnson Cartersville
Bartow J A Price Adairsville
Berrien Geo A Paulk Alapaha
Ben Hill Marion Dickson Fitzgerald
Bibb Joe H Hall Macon
Bibb Roland Ellis Macon
Bibb W H Evans Macon
Brooks M E Pope Barwick
Bryan W T Kicklighter Groveland
Bulloch J J E Anderson Statesboro
Bulloch R Simmons Statesboro
Burke H J Fullbright Waynesboro
Burke W R Buxton Girard
Butts IJ M McMichael Jackson
Calhoun A L Miller Edison
Camden Thos M Godley Kingsland
Campbell C S Reid Palmetto
Carroll W F Brown Carrollton
Carroll M D Watkins Whitesburg
Catoosa W C Hullender Ringgold
Charlton B R Wasden Winokur
Chatham J R Anderson Savannah
Chatham A A Lawrence Savannah
Chatham Joseph McCarthy Savannah
Chattahoochee B F Bagley Cusseta
Chattooga B H Edmondson Summerville
Cherokee John T Bell Canton
Clarke J J C McMahan Athens
Clay B M Turnipseed Ft Gaines
Clayton G M Huie Riverdale
Clinch S L Drawdy Homerville
Cobb H B Moss Marietta
Cobb G L Daniell Smyrna
Coffee J I Hatfield Douglas
Colquitt J M Walters Hartsfield
Columbia D C Moore Harlem
66
County
Name
Postoffice
Coweta
Coweta
Crawford
Crisp
Dadel
Dawson
Decatur
Decatur
DeKalb
DeKalb
Dodge
Dooly
Dooly
Dougherty Douglas
Early
Echols
Effingham
Elbert1
Elbert
Emanuel
Emanuel
Fannin
Fayette
Floyd
Floyd
Floyd
F orsy th
Franklin
Fulton
Fulton
Fulton
Gilmer
Glasscock
Glynn
Gordon
Grady
Greene
Gwinnett Gwinnett Habersham
Hall
Hall
Hancock
M H Couch Senoia
Jos T KirbyNewnan
C C Graddick Mussela
S R FieldsCordele
W W CuretonRising Fawn
Jno R HubbardHubbardville
S BrinsonBrinson
T ParkerClimax
Alonzo FieldDecatur
Hooper AlexanderDecatur
J H RobertsCEastman
J P HeardVienna
W E BeachamPinehurst
Joseph S DavisAlbany
L C Upshaw Douglasville
D D StrongBlakely
W C HowellHowell
C T GuytonGuyton
A S J StovallElberton
B R CordellBowman
Neil L GillisCovena
B L BrinsonStillmore
William ButtBlue Ridge
R P Min terFayetteville
Claud H PorterRome
G B Holder Rome
Barry Wright Rome
A H Woodliff Flowery Bn
H H Chandler Lavonia
George Brown Atlanta
Henry A Alexander Atlanta
Walter McElreath Atlanta
Robt E Smith Ellijay
J W P Whiteley Gibson
Millard Reese Brunswick
0 Calbeck Calhoun
W S Wight Cairo
W P McWhorter Woodville
0 0 Simpson Norcross
J P McConnell Grayson
T J Gastley Clarkesville
J 0 Adams Gainesville
S B Carter Gainesville
Robt H Lewis Sparta
67
County Name Postoffice
Haralson W J Waddell Bremen
Harris S T Ellison Ellerslie
Hart A A McCurry Hartwell
Heard P T McCutchen Franklin
Henry R C Brown Locust Grove
Houston R N Holtzclaw Perry
Houston T H Rentz Grovania
Irwin J A J Henderson Ocilla
Jackson John N Holder Jefferson
Jackson L G Hardman Commerce
Jasper J A Kellev Monticello
Jeff Davis L W Johnson Hazlehurst
Jefferson R N Hardeman Louisville
Jenkins H A Procter Scarboro
Johnson Wbn Faircloth Wrightsville
Jones T R Turner Haddock
Laurens J E Burch Dublin
Laurens M S Jones Dublin
Lee C H Beasley Leesburg
Liberty T J Harrington Donald
Lincoln H L Culberson Amity
Lowndes W L Converse Valdosta
Lowndes J F Fender Valdosta
Lumpkin R H Baker Dahlonega
Macon J E Reid Montezuma
Madison J Y Williams Hull
Marion E H McMichael Buena Vista
McDuffie R R Reaves Dearing
McIntosh F H MacFarland Darien
Meriwether W R Jones Greenville
Meriwether G J Keith Oakland
Miller J W Bailey Ctflquitt
Milton Tribble Shirley Alpharetta
Mitchell A T Jones Sale City
Monroe G 0 Persons Forsyth
Monroe Ben F Hill F orsy th
Montgomery D S McArthur Lumber City
Morgan Paul M Atkinson Madison
Murray S A Brown Eton
Muscogee J J Slade Columbus
Muscogee E Wohlwender Columbus
Newton L L Middlebrooks Covington
Oconee J P Elder Farmington
Oglethorpe J P Armistead Crawford
County
Name
Postoffice
Pickens Paulding
Pierce
Pike Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Richmond
Richmond
Rockdale
Schley
Screven
Spalding
Stewart
Stephens
Sumter
Sumter
Talbot Taliaferro Tattnall Tattnall Taylor Telfair Terrell Thomas Thomas Thomas
Tift
Toombs
Towns
Troup
Troup
Turner Twiggs
Union
Upson
Walker Walton Walton Ware
J T Atherton Tate
G W Helms Dallas
R G Mitchell Jr Blackshear
J F Redding Barnesville
E S Ault Cedartown
Z V Peacock Cochran
A S Reid Eatonton
T W Oliver Georgetown
0 E Cannon Clayton
W T Rogers Coleman
Wallace B Pierce Augusta
Sam F Garlington Augusta
J R Littleton Augusta
J W Cowan Conyers
C R McCrory Ellaville
H S White Syl vania
Jos D Boyd Griffin
A R Wright Renfroes
Fermor Barrett Toccoa
J E Sheppard Americus
F W Griffin Americus
W M Parker Prattsburg
J R Kendrick Sharon
J L Kennedy Manassas
M W Smith Claxton
J T Childs Butler
S J Meadows Helena
M H Marshall Jr Dawson
W I MacIntyre Thomasville
J B Stubbs Ochlochnee
M L Cook Boston
W H Hendricks Tifton
Silas B Meadows Vidalia
J F Johnson Hiawassee
W T Tuggle LaGrange
Hatton Lovejoy LaGrange
J W Henderson Sycamore
H F Griffin Jeffersonville
T N Berry Blairsville
W Y Allen Thomaston
J E Rosser LaFavette
B J Edwards Monroe
J W Smith Monroe
S F Miller W ay cross
69
County Name Postoffiee
Warren J M English Warrenton
Washington B D Joiner Tennille
W ashington Iverson Lord Tennille
Wayne Ben Milikin Jesup
Webster C C Tracey Preston
White J H Alley Nacoochee
Whitfield M C Tarver Dalton
Wilcox D M Harvey Pineview
Wilkes R Barksdale Washington
Wilkes F G Booker W ashington
W ilkinson G H Carswell Irwinton
W orth 1 mm i i i i Fh O o Svlvester
70
Standing Committees
OF THE
House of Representatives
STANDING COMMITTEES
OF THE HOUSE
ACADEMY FOR THE BLIND Calbeck Chairman
Paulk ViceChairman
Woodliff
Minter
Joiner
Bagley
Berry
Rogers
Jones of Laurens Wood
McConnell
Kicklighter
Watkins
Turner
Atherton
Meadows of Telfair Carter
Walters
Whiteley
Holder of Floyd Beasley
Tracey
Evans
Godley
Griffin of Twiggs Buxton
Ellison
Persons
Cannon
Howell
Couch
Waddell
AMENDMENTS TO CONSTITUTION Persons Chairman
Anderson of Bulloch ViceChairman
Ellis
Ault
Carswell
Kennedy
Barrett
Grillis
Meadowy of Telfair Fullbright
Lewis
MacIntyre
Mitchell
Paulk
Hall
Baker
Chandler
Johnson of Bartow Alexander of DeKalb Beasley
Jones of Meriwether Davis
Lawrence
Hardeman of Jefferson Pierce
Hardman of Jackson Holtzclaw
Reid of Macon
Wight
Love joy
Alexander of Fulton McArthur
Reid of Campbell Rosser
McElreath
Brown of Carroll
Butt
Burch
74
APPROPRIATIONS Jones of Meriwether Chairman Carswell ViceChairman
Boyd
Stovall
Parker of Talbot Converse
Tuggle
MacIntyre
Jones of Mitchell McCurry
Ault
English
Tarver
Paulk
Kirby
Ford
McMahan
Reid of Putnam Baker
Atkinson
Smith of Walton Buxton
Hhiie
Griffin of Sumter Brinson of Decatur Meadows of Toombs Brinson of Emanuel Daniell
Brown of Fulton Hardman of Jackson Ellis
Brown of Carroll Lawrence of Chatham
Porter
Ellison
Johnson of Bartow Vinson
Beasley
Gastley
Garlington
Oliver
Rogers
Hubbard
Hall
Kendrick
Guyton
Williams
Edmondson
McConnell
Marshall
Miller of Ware
Gillis
Armistead
Proctor
Kennedy
Joiner
Anderson of Bulloch Alexander of DeKalb Keith
Adams
Johnson of Towns Alexander of Fulton Allen
Barrett
75
AUDITING Atkinson Chairman Daniell ViceChairman Johnson of Towns Tracey
Atherton
Ford
Tuggle
Hall
Strong
Hllender
Edmondson
Joiner
76
BANKS AND BANKING
Heard Chairman Wight ViceChairman
Turner
Johnson of Jeff Davis Peacock
Atherton
Upshaw
Kelley
Ellison
Marshall
Hatfield
McCarthy
Reid of Macon McMichael of Butts Huie
Henderson of Irwin Gillis
Ford
Kennedy
Henderson of Turner Fender
McMahan
Barksdale
Bailey
Couch
Converse
Jones of Mitchell Pierce
Childs
Sheppard
McCrory
Brinson of Decatur Cordell
Simmons
Alexander of Fulton Dickson
Roberts
Beacham
Holder of Floyd Middlebrooks
Field of DeKalb Meadows of Telfair Booker
Tippins
Davis
Harvey
McWhorter
CORPORATIONS
Butt Chairman Kibby ViceChairman
Atkinson
Peacock
Burch
Upshaw
Watkins
Smith of Gilmer Buxton
McConnell
Adams
Tracey
Parker of Decatur Brown of Murray McArthur
Davis
Lord
Pope
Keith
Helms
Field of DeKalb Minter
Harrington
Milikin
McWhorter
Whiteley
Henderson of Turner
Hill
Meadows of Telfair Shirley
Beacham
Turner
Hatfield
Griffin of Twiggs Carswell
Pierce
Sheppard
Meadows of Toombs McElreath
Ellis
Kidd
Kicklighter
Edwards
Bagley
Faircloth
Kelley
Wright of Stewart English
Fender
Booker
Miller of Calhoun
78
COUNTIES AND COUNTY MATTERS MacIntyre Chairman o Sheppard ViceChairman
Drawdy
Simmons
McCurry
Gillis
McMichael of Butts Bailey
Wasden
Cowan
Ford
Joiner
Paulk
Littleton
Jones of Laurens Hardman of Jackson Wood
Edmondson
Beasley
McCrory
Moore
Alexander of Fulton Kendrick
Fullbright
Smith of Walton Calbeck
Simpson
Carter
Stovall
Walters
Brown of Henry Barrett
Smith of Tattnall Oliver
Tuggle
Tarver
Persons
Brown of Carroll Parker of Talbot Strong
Elder
Waddell
Hendricks
Atherton
Holtzclaw
Ellison
Harvey
Griffin of Sumter Brinson of Decatur Hullender
Berry
Fields of Crisp MacFarland
Culberson
Armi stead
Bell
Holder of Floyd Johnson of Jeff Davis
79
EDUCATION
McMichael of Marion Chairman Hill ViceChairman
Kirby
Parker of Talbot Minter
Smith of Gilmer Keith
English
MacFarland
Hnie
Turner
Mitchell
Marshall
Pierce
Griffin of Sumter Stubbs
Meadows of Toombs Jones of Laurens Cordell
Moss
Harrington
Jones of Mitchell Littleton
Fields of Crisp Culberson
McArthur
Wright of Stewart Fender
Miller of Ware Johnson of Bartow Bell
Paulk
Wright of Floyd
Parker of Decatur Kennedy
Cowan
Slade
Hubbard
Barrett
Fullbright
Calbeck
Armistead
Rosser
Alexander of DeKalb Brown of Henry Beasley
Cannon
Stovall
Kelley
Brown of Murray White of Screven Tarver
Kidd
MacIntyre
Hatfield
Chandler
Shirley
Hendricks
Lord
Bailey
Booker
Wood
McConnell
Persons
80
ENGROSSING
Moss Chairman Upshaw ViceChairman
Armistead
Atkinson
Ault
Brown of Murray Drawdy
Daniell
Beach am
Guyton
Huie
Kirby
McCarthy
McCurry
Milikin
Moore
Tarver
Turner
ENROLLMENT Stubbs Chairman
MacFarland ViceChairman Carswell
Kidd
Cannon
Parker of Talbot
McCutchen
Edwards
Tuggle
Hill
Williams
White of Sc rev
McConnell
Berry
Booker
Beasley
Vinson
Buxton
81
EXCUSE OF MEMBERS
Meadows of Toombs Chairman Smith of Walton ViceChairman
Jones of Meriwether Bagley Johnson Calbeck
Daniell Harvey
McElreath Adams
Parker of Talbot Booker
FORESTRY AND WATERWAYS McArthur Chairman
Stovall ViceChairman
Beacham
Berry
Brown of Henry Carter
Dickson
Elder
Ellison
Ford
Griffin of Twiggs Harvey
Helms
Hllender
Kelly
Love joy
Meadows of Telfair Mitchell
McCrory
Rentz
Proctor
Pope
Shirley
Smith of Walton Strong
Tippins
Turnip seed
Wright of Stewart English
Miller of Ware
82
GAME AND FISH
G Arlington Chairman Pope ViceChairman
Carter
Kennedy
Minter
Upshaw
Marshall
Bell
Tippins
Strong
Reid of Putnam Gillis
Moore
Roberts
Tracey
Wohlwender
Jones of Laurens Kidd
Guyton
Whiteley
Meadows of Telfair English
Slade
McCnrry
Burch
Howell
Bagley
Buxton
Keith
Calbeck
Converse
McCutchen
Simmons
Daniell
Childs
Walters
Ellis
Kicldighter
Miller of Ware McArthur
Milikin
Evans
Hardman of Jackst
GENERAL AGRICULTURE
Johnson of Bartow Chairman Reid of Putnam ViceChairman
Armistead
Joiner
Henderson of Irwin McMichaei of Marion Strong
Tipping
Couch
Huie
Elder
Hardeman of Jefferson Hubbard
Tracey
Harvey
Lawrence
Cordell
Kidd
Watkins
Gastley
Cowan
Buxton
Bell
Graddick
Brinson of Emanuel Proctor
Waddell
Harrington
Smith of Tattnall Brown of Fulton English
Keith
Griffin of Twiggs Barksdale
Boyd
Wood
Hardman of Jackson Cook
Reid of Campbell Childs
Griffin of Sumter rinson of Decatur Cannon
Minter
Reaves
Woodliff
Godley
Parker of Decatur Jones of Mitchell Ault
Williams
Price
McMichaei of Butts Kirby
Smith of Gilmer Bagley
Shirley
Whiteley
Rentz
McArthur
Booker Hatfield AY alters Barrett Jones of Laurens Carter Marshall Henderson of Turner Milikin Daniell Miller of Ware Peacock Vinson
GENERAL JUDICIAKY
Hall Chairman
Brown of Carroll
Pierce
Chandler
Lewis
Rosser
Lawrence
Butt
Allen of Upson Sheppard
Wohlwender
Vinson
Moss
Alexander of Fulton Anderson of Chatham Reese
Holtzclaw
Persons
Barrett
Cureton
Ault
Tuggle
McCutchen
Moore
Guyton
Meadows of Telfair Fields of Crisp
McCurry
Field of DeKalb
Wright of Floyd
Miller of Calhoun
Ellis
Carswell
ViceChairman
Baker
Adams
Hardeman of Jefferson Fullbright
Alexander of DeKalb Anderson of Bulloch Garlington
Beasley
McCrory
Redding
White of Screven McElreath
Reid of Campbell Tarver
Jones of Meriwether Middlebrooks
Love joy
Turnipseed
Edwards
MacIntyre
Mitchell
Roberts
Boyd
Burch
Faircloth
Porter
Drawdy
Cal beck
Graddick
MacFarland
86
GEORGIA SCHOOL FOR THE DEAF Huie Chairman
Holder of Floyd
Price
Brown of Henry Reaves
Waddell
Brinson of Emanuel Miller of Calhoun Alley
Oliver
Harvey
Stnbbs
Kidd
Wasden
Evans
Reese
Woodliff
V iceChairman
Williams
Bell
Ault
Smith of Gilmer
Culberson
Kendrick
Edmondson
Hatfield
Rosser
Littleton
McCrory
Moss
Strong
Hullender
87
GEORGIA STATE SANITARIUM
Henderson of Irwin Chairman Vinson ViceChairman
Culberson
Graddick
Jones of Mitchell Carter
Kendrick
Berry
Reaves
Cureton
Hubbard
Oliver
Parker of Decatur Moss
Price
Brown of Henry Paulk
Bell
Godley
Cowan
Tarver
McConnell
Armistead
Rosser
Kennedy
Woodliff
Couch
Wright of Stewart Williams
Heard
Beacham
Waddell
Stovall
Holder of Floyd Brown of Murray Hendricks
Turner
Smith of Walton Howell
Rogers
Hardman of Jackson Childs
Cordell
Johnson of Towns Brown of Fulton Cannon
Hullender
Carswell
Dickson
Atherton
McCutchen
Alley
Atkinson
Kelley
English
Watkins
Keith
Joiner
Smith of Tattnall Huie
Marshall
Littleton
88
HALLS AND ROOMS
Kendrick Chairman
Johnson of Towns ViceChairman
Lord
Brown of Henry Wasden
Hnie
MeMichael of Butts Moore
Cook
Parker of Decatur Marshall
Tuggle
Baker
Burch
HYGIENE AND SANITATION
Brown of Fulton Chairman Rogers ViceChairman
Kennedy
Brown of Murray Paulk
Alley
Berry
Reid of Macon Beacham
Culberson
Wright of Stewart McArthur
Cowan
Proctor
Fender
McWhorter Fullbright Henderson of Irwin Butt
Booker
Davis
Littleton
Hardman of Jackson Johnson of Towns Rogers
Smith of Walton Simpson
Stovall
Hendricks
Turner
Brown of Carroll Reid f Campbell Heard
Alexander of DeKalb Anderson of Chatham Kirby
Simmons
89
IMMIGRATION Fobd Chairman
Cowan ViceChairman
Bell
Harrington
Whiteley
Oliver
Tracey
Pope
Brown of Carroll Tnrnipseed
Couch
Boyd
Rentz
Hubbard Upshaw
Minier
Brown of Henry McConnell
Ellison
Miller of Ware Harvey
Henderson of Turner Cook
Burch
Proctor
Parker of Talbot Wright of Stewart McMahan
Buxton
Williams
Atkinson
Hatfield
Godley
Walters
Griffin of Sumter Kendrick
Kicklighter
Johnson of Bartow Hardman of Jackson
90
INSURANCE
Weight of Floyd Chairman Chandlee ViceChairman
Barksdale
Davis
Reese
McMahan
Slade
Adams
Alexander of Fulton Hall
Pierce
Lawrence
Reid of Campbell Anderson of Bulloch Henderson of Irwin Barrett
Baker
Middlebrooks
Lewis
Holtzclaw
Boyd
Converse
Griffin of Sumter Burch
Cooke
McWhorter
Armistead
Lord
Milikin
Heard
Redding
Jones of Meriwether Brown of Carroll McElreath
Huie
91
INTERNAL IMPROVEMENTS Johnson of Jeff Davis Chairman Watkins ViceChairman
Lewis
Kicklighter
Berry
McCutchen
Kelley
Cook
Edwards
Marshall
Daniell
Dickson
Henderson of Irwin Meadows of Telfair Porter
Waddell
Kendrick
Atherton
Love joy
Reid of Campbell Upshaw
Shirley
Hall
Armistead
Oliver
Jones of Laurens Gastley
Redding
Wasden
Whiteley
Holtzclaw Middlebrooks Anderson of Chatham
92
INVALID PENSIONS
Milikin Chairman Edmondson ViceChairman
Reese Williams
Tnggle McArthur
Kennedy Davis
Booker Harrington
Bell Armistead
Strong Alexander of DeKalb
Oliver Harvey
Tippins Carter
Tnrnipseed Smith of Walton
Converse Holtzclaw
Reaves
JOURNALS
Adams Chairman
Ellison ViceChairman
Henderson of Turner Boyd
Simpson Garlington
Slade Howell
Beasley McCrory
Baker Gastley
English Field of DeKalb Wasden
LABOR AND LABOR STATISTICS McCarthy Chairman
Slade ViceChairman
Evans
Littleton
Calbeck
Wright of Flod MacIntyre
Brown of Faltn Cook
Pope
Gastley
Rentz
Meadows of Toombs McElreath
Adams
Davis
Boyd
Carswell
Williams
Atherton
Butt
Love joy
Baker
Woodliff
Alexander of Fulton Johnson of Bartow Armistead
Kirby
Daniell
Adams
Kicklighter
Fields of Crisp Brown of Carroll Persons
Heard
Fullbright
Cannon
Atkinson
Barrett
Wood
Field of DeKalb
94
MANUFACTURES
Tuggle Chairman Couch ViceChairman
Hill
Davis
Lord
Minter
Brinson of Emanuel Bell
Carter
Beasley
Cordell
Hardman of Jackson Dickson
Edwards
Porter
Simmons
Allen
Adams
Lawrence
Reese
Wohlwender
Holder of Floyd Smith of Walton
Roberts
Daniell
Butt
Garlington
Barksdale
Culberson
Meadows of Telfair Fender
Boyd
Proctor
Upshaw
Redding
Rogers
Sheppard
Brown of Fulton Evans
Pope
Simpson
Fields of Crisp Field of DeKalb Griffin of Sumter
95
4man
f
MILITARY AFFAIRS Guyton Chairman
Davis ViceChairman
Persons McCutchen Wright of Floyd Milikin
Wight
Pierce
Slade
Lawrence
Field of DeKalb Tnrnipseed
Ellis
McElreath
Reid of Putnam Drawdy
Burch
Wohlwencler
MacIntyre
Meadows of Toombs Evans
Redding
Bailey
Moss
Gillis
MINES AND MINING
Hubbard Chairman Cannon ViceChairman
Johnson of Towns Berry
Alley
McElreath
Adams
Graddick
Helms
English
Cureton
Edmondson
Moss
Butt
Bell
Smith of Gilmer Atherton
Gastley
9b
PENITENTIARY
Barrett Chairman Boyd ViceChairman
Hendricks
Carswell
McCarthy
Jones of Meriwether Atkinson
Johnson of Towns Hall
Watkins
Hllender
Smith of Gilmer Johnson of Jeff Davis Daniell
Childs
Parker of Decatur Holder of Floyd Stubbs
Vinson
McElreath
Tarver
Anderson of Bulloch Smith of Walton Heard
Cowan
Griffin of Twiggs Graddick
Proctor
Smith of Tattnall Henderson of Irwin Hubbard
McMahan
Gastley
Butt
Peacock
Reaves
Price
Ellison
Cook
Kendrick
Williams
Woodliff
Pope
Brown of Henry Pierce
Harvey
Griffin of Sumter
Cannon
Wohlwender
Moss
Howell
Paulk
Dickson
Edmondson
Reid of Macon Elder
Miller of Calhoun Wright of Floyd Shirley
Lord
Lewis
Drawdy
Tippins
Waddell
97
Wood
Alley
Brown of Fulton Fullbright
Miller of Ware Beacham
Allen
Simmons
PENSIONS
White of Screven Chairman Peacock ViceChairman
Lord
Rentz
Persons
Reaves
Simpson
Roberts
McMichael of Butts Watkins
Whiteley
Elder
Gastley
Middlebrooks
Jones of Lanrens Hubbard
Cannon
Bagley
Hill
Kendrick
McMahan
Cook
Kicklighter
Godley
McCarthy
Buxton
Price
Walters
Auit
Simmons
Redding
Henderson of Turner McWhorter
Beazley
Brinson of Decatur Woodliff
98
PUBLIC PROPERTY
Keith Chairman Price ViceChairman
Middlebrooks
Davis
Calbeck
Fnllbright
Pierce
McMahan
Ellison
Lawrence
Hall
Lovejoy
Brown of Carroll
Jones of Meriwether Camion
Bntt
Hill
Harvey
Tracey
Ellis
Rosser
Boyd
Reese
Anderson of Chatham
PRIVILEGES AND ELECTIONS Barksdale Chairman
Faircloth ViceChairman
Holtzclaw
McMichael of Butts Heard
Converse
Harrington
Chandler
Butt
Simpson
Drawdy
Proctor
Harvey
Griffin of Sumter Vinson
Tippins
Strong
Reid of Macon
Fields of Crisp Culberson
Anderson of Chatham Smith of Walton Roberts
Holder of Floyd Baker
Parker of Decatur Wohlwender
99
PRIVILEGES OP THE FLOOR Turner Chairman
Carter ViceChairman
Wasden
PUBLIC LIBRARY
Allen Chairman
McCurry ViceChairman
Reid of Campbell Hllender
Couch Godley
Watkins Hall
Proctor Middlebrooks
Garlington Smith of Walton
Cook
Kirby
Couch
Chandler
Parker of Decatur
Wight
Oliver
Vinson
PUBLIC PRINTING
McCutchen Chairman
Beasley ViceChairman
Persons
Guyton
McMichael of Marion Love joy
Hardeman of Jefferson
Stubbs
Turner
Evans
Allen
100
RAILROADS
Parker of Talbot Chairman Alexander of Fulton ViceChairman
McCutchen
Wasden
Ford
Love joy
Keith
Hill
Hllender
Hardeman of Jefferson McCurry
Shirley
Brinson of Decatur Jones of Laurens Evans
Dickson
Pope
Allen
Reaves
Heard
MacIntyre
Simpson
Griffin of Twiggs
Moore
Drawdy
Brown of Fulton
Rentz
Smith of Tattnall Davis
Brown of Murray Fender
Sheppard
Slade
Reese
Barrett
Barksdale
Boyd
McArthur
Brown of Carroll Bagley
Rosser
McCarthy
Henderson of Irwin Price
Garlington
Upshaw
Porter
Wood
Cook
Lewis
Wight
Tuggle
Reid of Macon Converse
Helms
McMichael of Butts Miller of Calhoun Beacham
Faircloth
Fields of Crisp Hendricks
Henderson of Turner Wright of Floyd Peacock
jnderson of Chatham Butt
101
REFORMATORIES
Slade Chairman Tuggle ViceChairman
Hardman of Jackson Alexander of DeKalb Wright of Floyd White of Screven Ellis Jones of Meriwether Reid of Campbell Persons Tuggle Barrett Ault Brown of Fulton Littleton Sheppard Middlebrooks McConnell Tracey Hendricks Kendrick Stovall Reid of Putnam Hlowell Brown of Carroll MacIntyre Beasley Meadows of Toombs Simmons Harrington
Fender Price
Hardeman of Jefferson Joiner Heard Woodliff
McMahan
102
ROADS AND BRIDGES
Ault Chairman Tracey ViceChairman
Edmondson
Faircloth
English
Minier
Porter
Beacham
Moore
Childs
Harrington
Kelly
Converse
Brown of Fulton Howell
Waddell
Cook
Davis
Joiner
Fender
Booker
Smith of Gilmer Rentz
Whiteley
Field of DeKalh Helms
McCutchen
Pierce
Evans
Wood
Simmons
Graddick
Bagley
Brinson of Emanuel Culberson
Hendricks
Milikin
McWhorter
Bailey
RULES
Holder ExOfficio Chairman Anderson of Chatham ViceChairman
Alexander of DeKalb Ellis
Reid of Campbell Bntt
Jones of Meriwether
MacIntyre
Barksdale
Hardeman of Jefferson Slade
Persons
103
SPECIAL AGRICULTURE
Williams Chairman
Jones of Mitchell ViceChairman
Brinson of Emanuel Woodliff
Simmons
Cook
Childs
Parker of Decatur Brown of Murray Kicklighter
Berry
Alley
Roberts
Walters
Faircloth
Howell
Burch
MacFarland
Godley
Simpson
Lord
Price
Tracey
Sheppard
Meadows of Toombs Paulk
Atkinson
Holder of Floyd Hatfield
Graddick
Gillis
Miller of Ware Reese
Reaves
Brown of Carroll Barrett
SPECIAL JUDICIARY
Ftjllbright Chairman Porter ViceChairman
Wight
Calbeck
Moore
Conch
Cordell
Slade
Allen
Stnbbs
Brown of Murray Moss
Mitchell
Reese
Tuggle
Converse
Tarver
Strong
Gillis
Chandler
Peacock
Henderson of Turner Roberts
Alexander of Fulton Dickson
Brown of Carroll Adams
Faircloth
Bailey
Alley
Drawdy
Cowan
Edmondson
Guyton
Lewis
Hill
Turnipseed
Sheppard
Wohlwender
White of Screven McElreath
Anderson of Bulloch Lawrence
Fields of DeKalb Upshaw
Redding
Graddick
Howell
Brinson of Emanuel Ellison
Meadows of Telfair Miller of Ware Simpson
Pope
Holder of Floyd Waddell
Fender
Butt
Barrett
105
STATE OF THE REPUBLIC Reid of Macon Chairman
Miller of Calhoun ViceChairman
Jones of Meriwether Buxton
Walters
Waddell
Roberts
Mitchell
McMahan
Littleton
Alexander of Fulton Griffin of Twiggs
Carswell
Drawdy
Brinson of Emanuel McWhorter
Gillis
Moore
Converse
Garlington
Beazley
Kidd
106
TEMPERANCE Hardman of Jackson Chairman Lovejoy ViceChairman
Sheppard
Kendrick
Rosser
Watkins
Lawrence
Guyton
Price
Brown of Murray Broym of Pulton
Ellis
Daniell
Rodgers
Brinson of Decatur Huie
Edwards
Tippins
Tuggle
Cowan
Griffin of Twiggs Heard
Atkinson
Fair cloth
Chandler
Atherton
Davis
Milikin
Alexander of DeKalb Pender
Carswell
Slade
Waddell
Peacock
Wright of Floyd McConnell
Redding
Walters
Keith
Ford
Brown of Henry Cook
Paulk
Williams
Jones of Mitchell Harrington
Reid of Putnam Elder
Fullbright Marshall
Upshaw
Minter
McArthur
Kennedy
Wright of Stewart Couch
McCutchen McMichael of Butts
107
UNIVERSITY OF GEORGIA AND ITS BRANCHES
McMahan of Clarke Chairman Baker ViceChairman
Hubbard
Gastley
Kirby
Porter
Chandler
Stovall
Lawrence
McWhorter
Atkinson
McConnell
Miller of Calhoun Alley
Slade
Anderson of Bulloch Armistead
MacIntyre
Woodliff
Hardman of Jackson
Hendricks
Butt
Cureton
Smith of Gilmer Brinson of Emanuel McCrory
McCarrjr
Williams
Johnson of Towns Edwards
Elder
Fullbright
Cannon
White of Screven Beasley
Smith of Tattnall Godley
Moss
Huie
108
WAYS AND MEANS
Reid of Campbell Chairman
McElreath ViceChairman
Love joy
Henderson of Irwin Heard
Lord
McMichael of Marion Carter
Baker
Littleton
Sheppard
Stubbs
Minter
Moss
Field of DeKalb Johnson of Jeff Davis Wright of Stewart McCutchen
Strong
Rosser
Atherton
Hendricks
Simmons
Holder of Floyd Faircloth
Miller of Calhoun Chandler
Barrett
Bell
Cordell
Jones of Laurens Edwards
Turner
MacFarland
Anderson
Wright of Floyd
Reese
Persons
Slade
Helms
Davis
Bagley
Childs
McCrory
Kelley
Hardman of Jackson Barksdale
Couch
Reid of Macon Upshaw
Wight
Smith of Tattnall McWhorter
Fender
White
Fullbright
Price
Hardeman of Jefferson Pope
Kidd
Bailey
Holtzclaw
109
W A RAILROAD Alexander of DeKalb Chairman Rosser ViceChairman
Atherton
Wight
Couch
Ault
Hllender
Reese
Price
Hill
Baker
Parker of Decatur Stubbs
Huie
Henderson of Turner Cowan
Parker of Talbot Watkins
Alley
Beasley
Wright of Floyd Armistead
Waddell
Wright of Stewart Miller of Ware Turnipseed
Johnson of Jeff Davis Reid of Putnam McMahan
Hall
Godley
Field of DeKalb Cureton
Slade
Brown of Murray Rogers
Jones of Mitchell McElreath of Fulton Milikin
MacFarland
MacIntyre
Elder
Tarver
Hubbard
Marshall
Calbeck
Helms
Peacock
Booker
Edmondson
Atkinson
Porter
Berry
Woodliff
Kendrick
WILD LANDS Drawdy Chairman Hllender ViceChairman
Miller of Ware McWhorter
Fields of Crisp Howell
Wasden
Helms
Garlington
Woodliff
Reid of Campbell Alexander of DeKalb Baker
Cureton
McMahan
Moore
Hall
Boyd
Hardman of Jackson
Fender
Lord
McCnrry
MacFarland
Hardeman of Jefferson Brown of Henry Cordell
Henderson of Turner Alley
Wight
Johnson of Towns Rentz
Mitchell
Butt
Peacock
Jones of Meriwether Tuggle
Ill
A CODE
OF
Parliamentary Law
IN FORCE IN THE
STATE OF GEORGIA
PREPARED BY
LOUIS F GARRARD
The Use of this Volume is Respectfully Dedicated to the House of Representatives of the State of Georgia
Adopted as the Rules of the House of Representatives of the State of Georgia 11th Day of November 1888
a Code of Parliamentary Law
THE SPEAKER
Rule 1 The Speaker shall in his discretion suspend irrelevant debate and command silence whenever he may deem it needful
Rule 2 In all cases of election by the House the Speaker shall vote In other cases he shall not vote unless the House 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 same as that of any other member
Rule 3 When two or more members shall rise at the same time the Speaker shall name tho person entitled to proceed
Rule 4 All committees shall be appointed by the Speaker unless otherwise ordered by the House
Rule 5 The method of stating a question or any motion by the Speaker after the same has been read to the House by the Clerk shall be as follows All in favor of the motion wTl say Aye Those opposed wril 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 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 name any member to perform the duties of the Chair during any part of that sitting but no longer
115
Discretion of Speaker
When Speaker shall vote
Right of member to the floor to be decided by the Speaker
Speaker to
appoint
committees
Methods of stating a question by Speaker
Speaker may name members to preside
Duty of Clerk when Speaker is absent
Appeals from ruling of the
Speaker
When no debate on appeals
Appeals to be made at once
When members may address the House
Power of Speaker to suspend subordinate officers
Rule 7 Whenever from any cause the Speaker shall be absent the Speaker pro tempore shall preside and if both shall be absent the Clerk of the House shall call the House to order and shall preside until a Speaker pro tempore shall be elected which said election shall be the first business of the House The Speaker pro tempore thus elected shall preside until the return of one of the first named officers when his functions shall cease
Rule S Should any member of the House be dissatisfied with the ruling of the Speaker on any point he shall rise and respectfully address the Speaker and say I appeal from 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 All in favor of the decision of the Chair standing as the sense of this House will say Aye Those opposed will say No and the decision of the House in sustaining or overruling the Speaker shall be final
Rule 9 On all appeals on questions of order of a personal character there shall be no debate
Rule 10 All appeals from the decision o the Chair shall 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 11 Where debate is permissible on appeals from the decision of the Chair any member after being recognized by the Speaker may address his remarks directly to the House
Rule 12 The Speaker shall have power to suspend the Messenger and Doorkeepers for misconduct or neglect of 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
Rule 13 The Speaker shall have power to cause the galleries and lobbies of the House cleared by the Messenger
116
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 House to be dealt with for contempt of the House
Rule 14 When less than a quorum vote on any subject under consideration by the House the Speaker may order 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 refusal shall be deemed a contempt of the House
Rule 15 The Speaker may at any time order the roll called on any question and take the vote by yeas and nays where a division of the House discloses the fact that a quorum of the House has not voted
Rule 16 All questions as to the priority of business to be acted on shall be decided by the Speaker without debate
ON DECORUM AND DEBATE
Rule 17 When any member is about to speak in debate or deliver any matter to the House he shall rise from his seat and respectfully address himself to Mr Speaker He shall be confined to matter in debate shall not speak more than twice on any subject 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 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 appealed to decide and if the decision of the House be not submitted to the delinquent for the first offence shall be reproved for the second fined in a sum not exceeding ten dollars and continuing refractory may be expelled from the House by a twothirds vote of the members which said vote shall be taken by yeas and nays and recorded on the Journal of the House
117
When Speaker may order galleries and lobbies cleared
No qoram voting duty of Speaker
When Speaker may order vote taken by yeas and nays 1
Decision on questions of priority
Conduct of members in debate
Appeals
Expulsion See ule 147
Exception to words spoken Proviso
Silence
Mode of designating members
House
how
addressed Questions and interruptions
Shall not vote when interested in result
Rule 18 If any member be called to order for words spoken the words excepted to shall be taken dowm in writing by the Clerk and read then admitted denied or explained by the member who spoke and thereupon the question of order shall be decided and such other proceedings had as the House may deem proper in regard thereto Provided that if at the time the House is acting under the previous question such question of order and other proceedings referred to shall not be taken up for decision until after the previous question and the main question have been exhausted or until such further time as may then be ordered by the House But no member shall be held to answer or be subject to the censure of the House for words spoken in debate if any other member has spoken or other business has intervened after the words were spoken and before the exception to them was taken
Rule 19 The members of the House shall forbear from private conversation and preserve silence until a speaking 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 by the 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 inteiested 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 both retire from the House before the vote is taken
118
Rule 23 Any member may enter a protest in writing against 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 of any member thereof and sufch protest shall be entered by the Clerk upon the Journal of the House
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 the Chair 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 transpired in any committee or in the Senate
Rule 27 In nominating candidates for any office no laudatory remarks shall be allowed nor shall any other candidate be disparaged
Rule 28 Applause or hisses in the Representative chamber or in the galleries or lobby during any speech or legislative proceedings shall be promptly suppressed
Rule 29 During the calling or reading of yeas and nays on any question no debate shall be had
Rule 30 No member can make more than one motion at a time and while the motion is being put to the House he must resume his seat and he is not further entitled to the floor unless again recognized by the Speaker
Rule 31 On all questions except such as are not debatable any member on the call of the ayes and nays shall as a matter of right be allowed three minutes in which to explain his vote Where the vote on any question is not taken by ayes and nays no member shall be allowed to explain except by unanimous consent of the House No motion shall be entertained to vary this rule nor to extend a members time for explaining
119
Protests
Smoking and conversation prohibited
Duty while member is speaking and at adjournment Matters transpiring in Senate Committees and private conversation not to be referred to Lauditory and disparaging remarks when forbidden
Applause and hisses forbidden
No debate during yeas and nays
Only one motion can be made at a time
Explana
tion
Reading of papers
When members shall vote
Motion to
excuse
when
made
Excuses
from
vpting
Call for a division
Division how made
Qualifying paragraph exception and proviso
Strike out and insert not divisible
Call of counties
Rule 32 When the reading of any paper is called for and the same is objected to by any member it shall be determined by a vote of the House and this motion shall be decided without debate
Rule 33 Every member within the hall when a question is put shall vote unless he is immediately and particular interested therein or the House shall excuse him A motion to excuse a member from voting must be made before the House divides or before the call of the yeas and nays is commenced and it shall be decided without debate except that the member making the motion may briefly state the reason why in his opinion it ought to prevail
Rule 34 No member shall be allowed to address himself to any question and then move to table the bill resolution or motion or move the previous question thereon without relinquishing the floor
DIVISION OF A QUESTION
Rule 35 Any member may call for a division of the question on a subject in which the sense thereof will admit of it
Rule 36 The member calling for a division must state into how many and definitely what parts he would have the question divided Each part of the divided proposition must be so distinct that if taken away the remainder can stand by themselves and be consistent and entire
Rule 37 A qualifying paragraph an exception or a proviso if taken from that to which it belongs would not contain a distinct or entire proposition
Rule 38 A motion to strike out and insert is an indivisible proposition
BILLS AND RESOLUTIONS
Rule 39 The Clerk shall on Mondays Wednesdays and Fridays call the counties for the introduction of new matter beginning alternately at the first and last of the alphabet
120
Rule 40 All bills and resolutions shall be called in the Bills and order in which they stand on the calendar and before read canedin ing any bill or resolution the second or third time the Clerk proviSo shall distinctly state its number and the name of the member by whom introduced provided that House and Senate bills and resolutions adversely reported shall not be taken up for a second reading except by request of the authors of such bill or resolution or some member of the House provided that the General Tax Bill and the General Appropriation Bill shall take precedence on third reading over all other matters even Special Orders until the said Bills shall have been finally disposed oR
Rule 41 Every motion to suspend the rules for the purpose of taking up bills or resolutions out of their regular order and every motion to make special orders shall except by the unanimous consent of the House be submitted in writing and reported upon by the Committee on Rules before being submitted to the House
Rule 42 It shall be in order to introduce bills or other BillSj etc matter upon the call of the counties without any previous notice having been given for that purpose
Rule 43 No debate shall be admitted upon any No debate Bill at the first reading Upon the introduction of any reading Bill or Resolution or other matter requiring reference to a Committee the Speaker shall as a matter of course and without debate commit the same to the proper committee unless otherwise ordered by the House In case of En grossment of any Bill or other matter the entry thereof shall be made by the Clerk and the Bill or other favorable matter shall not be amendable thereafter unless sub committee sequently committed In cases where the report of a committee is favorable to the passage of a bill the port of same shall be read a second time and passed to a commit ee third reading without question Where the report of a committee is adverse to the passage of a bill on the second reading thereof the question shall be on agreeing
121
Bills when withdrawn
Transmission to Senate by majority vote
Bills when printed
Committee of the Whole
House See Rule 107 et al
Bills and resolutions to be in writing
How indorsed
Reports of committees order of action
to the report of the committee If the report of the committee is agreed to the bill shall belost 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 House
Rule 44 No bill or resolution shall be transmitted to the Senate on the day of the passage thereof unless twothirds of the members present shall so order
Rule 45 No bill shall be printed until after the same has 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 46 All proceedings touching the appropriating of money shall be considered in the Committee of the Whole House
Rule 47 All bills and resolutions shall be in writing and shall have the name of the member introducing the same as well as the county he represents indorsed on the back of the same and in the case of bills the caption of the bill shall also be indorsed on the same
Rule 48 Where a bill or a resolution has been referred and reported by more than one committee or has been reported on and recommitted to the same committee the last committee report shall be acted on by the House and in all cases the report of the Committee of the Whole House shall be first acted on by the House
Rule 49 The Committee on Rules during the last seven days of each session shall arrange and fix a calendar for each days business and such calendar shall be a standing and continuing Special Order during said period and no matter shall be taken up or acted on otherwise than in the order fixed by such calendar except by unanimous consent of the House
Order of precedence
PRECEDENCE OF MOTIONS
Rule 50 When any subject is before the House for
122
consideration or under debate no motion shall be received except the following to wit
1st Motion to adjourn
2d A motion to lay on table
3d A motion for the previous question
4th A motion to adjourn to a time definite
5th A motion to postpone indefinitely
6th A motion to postpone to a day certain
7th A motion to commit
8th A motion to amend
Which said motions shall have precedence in the order in which they stand as above arranged
MOTION TO ADJOURN
Rule 51 A motion to adjourn is in no instance debatable nor shall said motion be made a second time until further progress has been made in the business before the House A motion to adjourn in its simple form shall not be amended
Rule 52 A motion to adjourn to a particular day or for a particular time if made when the House is not actually engaged in other business is debatable
Rule 53 The motion to adojurn can be made at any time when the member moving it can legitimately obtain the floor
Rule 54 A 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 House has been had on a vote and the vote is in process of being counted and announced
Rule 55 When a motion to adjourn in its simple form prevails it adjourns the House to the next sitting day or time in course
Not debatable when may be renewed
Wuen
debatable
When
made
When not in order
Effect of adjournment
123
Hour of adjournment What business postpone
Amendment or substitute cannot be laid on table
How matters may be taken from table
Effect of vote to table
Effect of vote to take from table
No motion to table in order until rollcall is completed
Rule 56 Whenever the hour of adjournment as fixed by a prior resolution shall arrive while the vote of the House 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 question after a motion for the previous question has been sustained and before the vote on the main question is being taken either by a division or by the yeas and nays as aforesaid the House shall stand adjourned by virtue of said prior resolution
MOTIONS TO LAY ON THE TABLE
Rule 57 No motion to lay an amendment or substitute on the table shallbe in order
Rule 58 A majority of a quorum voting may take from the table at any time when the House is not engaged on any other measure any bill resolution or other paper which has been orderedto lie on the table and when so taken up the same is thereby restored to its appropriate place on the calendar
Rule 59 If the motion to lay on the table prevails it removes from the consideration of the House the measure together with all the motions attached to it at the time it is so disposed of
Rule 60 When the proposition is again taken from the table it stands before the House in the exact form with all the motions pertaining to it just as it did at the time the motion to lay on thetable prevailed
Rule 61 After a yea and nay vote is called on any bill or resolutionthe House not acting at the time under the previous questionand one vote has been recorded no motion to table shall be in order until the rollcall shall have been completed When any bill or resolution is tabled after the completion of the rollcall and then taken from the table nothing can be done except to announce the result of said vote as shown by said rollcall at the time said bill or resolution was tabled
124
Rule 62 A motion to lay on the table or to take from the table can be renewed from time to time when new business has intervened between the votes
Rule 63 Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable
Rule 64 No member having obtained the floor shall be allowed to submit a motion then move to lay that motion on the table nor shall he be allowed to yield the floor to any other member in order for said member to whom the floor is so yielded to move to lay the motion of the member yielding on the table
Rule 65 Nothing can be legitimately laid on the table excepting what can be taken up again
Rule 66 A motion to lay on the table may be made after the motion for the previous question has been sustained but when the House has voted on the main question shail be now put no motion to lay on the table is in order
THE MOTION FOR THE PREVIOUS QUESTION
Rule 67 The motion for the previous question shall be decided without debate and shall take precedence of all other motions except a motion to adjourn or to lay on the table but neither of said motions shall be made but once until after the previous question has been exhausted and when it is moved the question shall be Shall the motion for the previous question be sustained If this be decided by a majority of a quorum in the affirmative and the next question to wit Shall the main question be now put is decided in the affirmative by a majority of a quorum all other 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 68 When the previous question has been ordered the House shall then proceed to act on the main question without deabte 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
125
When renewed
Not debatable or amendable
Member cannot move to table his own motion
What can be tabled
When in order
Effect of previous question
Twenty
minutes
debate
allowed
Vote how taken
Effect of main question being ordered
Reconsideration when in order
Contested
election
How called and ordered
to close the debate Where the report of the committee is adverse to the passage of the bill or other measure the introducer of the bill shall be allowed twenty minutes before the time allowed to the committee for closing the debate The Chairman of the committee or the introducer of the bill or other measure may yield the floor to such 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 69 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 oil the Journal
Rule 70 The effect of the order that the main question be now put is to bring the House to a vote on pend ing questions in the order in which they stood before it was moved
Rule 71 After the main question has been ordered excepting one motion to reconsider the action in ordering the main question no motion to reconsider shall be in order until after the vote on the main question is taken and announced
Rule 72 In all cases where a minority report has been submitted on any question if the previous question is ordered there shall be twenty minutes allowed to the member 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 73 The previous question may be called and ordered upon a single motion or an amendment or it may be made to embrace all authorized motions or amendments and include the entire bill to its passage or rejection
126
JFtule 74 A call of the House shall not be in order after n tne previous question is ordered unless it shall appear upon 5 an actual count by the Speaker that a quorum is not present order
Rule 75 All incidental questions of order arising after a Questions motion is made for the previous question and pending such of order motion shall be decided whether on appeal or otherwise without debate
MOTIONS TO INDEFINITELY POSTPONE
Rule 76 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 77 The motion to indefinitely postpone lays open Not amenda the whole question for debate but it cannot be amended ble
78 While the motion to indefinitely postpone takes when canprecedence over a motion to postpone to a day certain or to gjidbe ap 1 commit or amend yet this motion cannot be applied to said motionsnor can it be applied to incidental questionssuch as questions of order reading of papers withdrawal of a motion and suspension of a rule
Rule 79 No motion to indefinitely postpone shall be re Not renewed on any bill resolution or other measure after the newe same has been voted down
MOTION TO POSTPONE TO A DAY CERTAIN
Rule 80 The motion to postpone a bill resolution or other measure uO a day certain when decided in the affirmative by a majority of a quorum removes the subject from before the House until the time designated and makes it a privileged question for that day so selected
Rule 81 If the motion to postpone a bill a resolution or Effect of other measure is decided in the negative it leaves the ques gfative tion 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 proceeding
127
man
May be amended
To a day beyond the sessionm
Debate when and how allowed
Motion how applied
Motion to commit
Precedence
of
When debatable
How
amended
Rule 82 This motion to postpone to 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 83 If a day designated is 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 84 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 It shall be the duty of the Speaker to hold members rigidly to these points
Rule 85 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
MOTIONS TO COMMIT
Rule 86 Motions to commit may be made to refer a bill resolution or other measure to a standing or special committee or committee of the whole House
Rule 87 A motion to commit to a standing committee takes precedence over a motion to commit to a special committee and shall be first voted on but where a motion is made that a bill resolution or other measure be committed to the committee of the whole House this motion shall be put before either of the above namedmotions
Rule 88 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 89 A motion to commit may be amended by adding instructions or by substituting another committee for the one named by the member making the motion
128
Rule 90 Any proposition that has been referred to any Motiont committee either standing or special may on motion be recommitrecommitted to the same or any other committee by a majority of a quorum
MOTIONS TO AMEND
Rule 91 There are three ways in which a proposition may be amended to wit 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 92 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 93 When a bill or resolution is before the House Bin nret for consideration and amendments are pending thereto and thethed a substitute shall be offered for said bill or resolution and an substltute amendment shall be offered to said substitute it shall be in order for the House to first perfect the original bill or resolution and then perfect the substitute The question shall then be on agreeing to the substitute as amended if it be amended and if decided in the affirmative the question shall be Shall this bill pass or resolution be adopted as the case may be by substitute
Rule 94 An amendment cannot be offered after the when too report of the committee to whom was referred the bill or Lmend resolution under consideration has been agreed to by the House unless said action of the House in so agreeing to said report of said committee shall first be reconsidered
Rule 95 All motions to amend any matterbefore the Must be in House must be in writing and must plainly and distinctly writingset forth the amendemnt desired and the part of the bill or resolution where said amendment shall be inserted or added
129
Priority
Blanks
Caption
when
amended
Amending by sections
Amendments by striking out ana inserting
Priority of Amendment to perfect
Amending Senate Amendments
See rule 136
Priority
Rule 96 On all questions whether in committee or in the House the last amendment the most distant day and the largest sum shall be first put
Rule 97 Where blanks occur in any proposition they must be filled first before any motion is made to amend
Rule 98 The caption or preamble of a bill or resolution shall not be considered or amended until the measure has been perfected
Rule 99 When a proposition consisting of several sections 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 Clerk 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
Rule 100 When a motion is made to amend by striking out and inserting the Clerk shall read the paragraph as it is then the words to be stricken out and finally the whole paragraph as it would be if amended
Rule 101 When a motion is made to amend by striking out a paragraph any amendment offered to perfect the paragraph shall be put first before the question is put for striking it out
Rule 102 When any bill or resolution which originated in the House has been amended in the Senate and is before the House for action on the Senate amendment an amendment may be offered in the House to the Senate amendment but the House amendment to the Senate amendment can not be further amended it ipust be agreed to or voted down
Rule 103 A motion to amend an amendment made by the Senate to the House bill or resolution takes precedence of a motion to agree or disagree to said amendment
130
Rule 104 The questions which arise before the House respecting amendments by the Senate to a House bill or resolution are
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
5 th A motion to adhere to its disagreement or amendment
They take precedence in the above order
RECONSIDERATION
Rule lOo When the Journal of the preceding dav shall Motion to be read it shall be in the power of any member whether reconsi er said 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 time before the Journal is confirmed
Rule 106 The notice of a motion to reconsider shall not Shall nat be withdrawn after the time has elapsed within which it daS might originally have been made when
Rule 107 No matter shall be reconsidered more than
Once reconsider
ation
Rule 108 Motions for reconsideration shall be in order when in immediately after the confirmation of the Journal on the orcer 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 reconsideration on the day of said action
Rule 109 The action of the House upon an amendment Amendmay be reconsidered at any time before final action qpon when rethe section bill or resolution to which it relates
Prioriyt of questions on Senate amendments
131
Place of calendar
When ordered by Speaker
See rule 44
When ordered by the House
How
formed
Proceed
ings
Rule in committee
Debate how closed
Rule 110 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 111 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 is required by the rules of this House to be considered in the Committee of the Whole
Rule 112 The House may resolve itself into a Committee of the Whole House by a majority of a quorum voting on motion of a member made for that purpose
Rule 113 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
Rule 114 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 the preamble to be last considered unless otherwise ordered
Rule 115 The Rules of the House shall be observed by the Committee of the Whole so far as they may be applicable except that it can not refer a matter to any other committee it can not adjourn the previous question can not 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 116 If at any time in the Committee of the Whole it shall be desired to close the debate or to limit the time 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 subjectmatter before said committee and when said resolution has been agreed to or refused by the House the
132
action of the House shall be deemed the sense of the committee and the House may then on motion again resolve itself into Committee of the Whole and continue the consideration of the subject
Rule 117 In the event that a Committee of the Whole House at any sitting shall for want of time fail to complete 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 118 A motion that the committee rise and report progress and ask leave to sit again can be made at any time when the mover thereof can legitimately obtain the floor and shall take precedence over all other motions and shall be decided without debate and when it prevails the committee shall immediately rise
Rule 119 A motion to reconsider shall be in order in Committee of the Whole
Rule 120 The Committee of the Whole shall not proceed withthe business before it whenever a vote on any question shall disclose the fact that no quorum of the House is present Whenever it is suggested that a quorum is not 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 shall report the fact of the absence of a quorum to the House
Rule 121 The Speaker may in Committee of the Whole take part in the proceeding and he as well as all other members shall vote 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
Rule 122 Amendments proposed by the Committee of the Whole may be amended or rejected by the House and matters stricken out by the committee mav be restored by the House
Time of how eS tended
Motion to rise etc
Reconsid
eration
Duty of when no quorum is present
All members shall vote unless excused
Amend
ments
133
Disorderly
conduct
reported
Chairman may order galleries cleared
Proceedings of when business before it is finished
Record
Papers may be1 called for
Report shall contain result of committees action
Rule 123 A Committee of the Whole House can not punish disorderly conduct of its members but must report the same to the House for actiop thereon
Rule 124 The Chairman of the Committee of the Whole shall have power to have the galleries or lobbies cleared in case of any disorderly conduct therein
Rule 125 When the Committee of the Whole have disposed of the bill resolutions oi other measures before it by motion and question it shall rise and the Chairman will be instructed to report the action of the committee to the House At this point the Speaker will resume his seat and the Chairman will return to the floor and will state in substance as follows Mr Speaker the Committee of the Whole House have had under consideration naming what and have instructed me as their Chairman to report the same back to the House with the recommendation that the same do pass or do pass as amended or do not pass as the case may be
The Speaker will receive this report and repeat the same and the matter will then be before the House for action just as though reported by any other committee
Rule 126 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
Rule 127 When in the Committee of the Whole any papers in the possession of the House may be called for by any member and read by the Clerk for the information of the committee unless the committee shall otherwise order
Rule 128 Amendments offered to an amendment in the Committee of the Whole shall not be reported to the House but the report shall contain only the result of the committees action on the bill resolution or measure under consideration before it
134
ABSENTEES
Rule 129 The rollcall at the opening of each session of the House shall not be dispensed with except by a threefourths vote of the members present
Rule 130 Upon the call of all the members ordinary and extraordinarythe names of the absentees shall be noted by the Clerk and shall appear upon the Journal And it shall be the duty of the Clerk to keep a separate list of the absentees from each days proceedings which list shall be entered upon the Journal and shall show which of said absentees are absent without leave and of those absent with leave which are absent for providential causes and which for business reasons which said separate list shall be read in the House with the Journal upon which the same is entered
The Clerk shall also keep in 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 pav for the time they are so absent
It shall be the duty of the Committee on Auditing to inquire into the matter before passing upon any members account
Excuses of members absent without leave shall be submitted to the Committee on Excuses of Members Absent without Leave and the recommendation of some member of said committee shall be necessary to have said excuse allowed by the House
COMPELLING ATTENDANCE
Rule 131 The power to compel the attendance of members in order to keep or secure a quorum shall be vested in the 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
Morning
rollcall
dispensed
with by
three
fourths
vote
Names of absentees noted
Duty of
Auditing
Committee
Excuse of members
Power to
compel
attendance
135
Sergeant
atarms
Call how ordered Subsequent Proceedings
What is a quorum Compelling attendance
Oath of members
The Messenger of the House shall be ex officio Sergeantat Arms 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
Rule 132 Whenever the result of a vote taken shall disclose the fact that no quorum of the House is present or when the Speaker shall officially state the fact to the House it shall be in order for any member to make a motion for a call of the House and when this motion is made theSpeaker shall state the question as follows Shall the motion for the call of the House prevail and if fifteen of the members present shall vote in the affirmative the Speaker shall order the Clerk to call the roll of members and the absentees shall be noted the doors shall then be closed after which the names of the absentees shall again 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 the officers to be appointed by the Messenger for that purpose and their attendance secured and the House shall determine upon what conditions they shall be discharged
CONSTITUTIONAL RULES
Rule 133 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
Art 3 Sec 4 Par 4
Rule 134 Each Senator and Representative before taking his seat shall take the following oath or affirmation to wit I will support the Constitution of this State and of the United States and on all questions and measures which may come before me I will so conduct myself as will in my judgment be most conducive to the interest and prosperity of this State
Art 3 Sec 4 Par 5
136
Rule 135 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 appear on the Journal
Art 3 Sec 7 Par 14
Rule 136 The yeas and nays on any question shall at the desire of onefifth of the members present be entered on the Journal
Art 3 Sec 7 Par 6
Rule 137 Mo bill or resolution appropriating money shall become a law unless upon its passage the yeas and nays in each House are recorded
Art 3 Sec 7 Par 12
Rule 13S Whenever the Constitution requires a vote of twothirds of either or both Houses for the passage of an Act of resolution the yeas and nays on the passage thereof shall be entered on the Journal
Art 3 Sec 7 Par 21
Rule 139 Every bill before it shall pass shall be read three times and on three separate days in each House unless in cases of actual invasion or insurrection The first and second reading of local bills shall be by titles only The third reading of local bills must be full and complete
Art 3 Sec 7 Par 7
Rule 149 All bills for raising revenue or appropriating money shall originate in the House of Representatives but the Senate may propose or concur in amendments as in other bills
Art 3 Sec 7 Par 10
Rule 141 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
Art 3 Sec 7 Par 8
Majority required to pass bill
Yeas and nays order by onefifth of members present
Bill or resolutions appropriating money must pass by yeas and nays
Constitutional twothirds vote taken by yeas and nays
Reading of bills
Revenue
bills
One subject matter etc
137
An amendment to laws and sections of Code
General laws how varied
Consent and when required
Coipora
tions
Power delegoied to courts
Relief of recognizance
What the general appropriation bill shall contain Other appropriations by separate bills
Rule 142 No law or section of the Code shall be amend ed 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
Art 3 Sec 7 Par 17
Rule 143 Laws of a general nature shall have uniform operation throughout the State and no special law shall be enacted in any case for which provisions have been made by an existing general law No general law affecting private rights shall be varied in any particular case by special legislation except with the consent in writing ofall persons to be affected thereby and no person under legal disabilityto contract is capable of such consent
Art 1 Sec 4 Par 1
Rule 144 The Ceneral 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 of legitimate children but it shall prescribe by daw the manner in which such power shall be exercised by the courts
Art 3 Sec 7 Par 18
Rule 145 The General Assembly shall have no power torelieve principles 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
Rule 146 The General Appropriation bill shall embrace nothing except appropriations fixed by previous laws the ordinary expenses of the Executive Legislative and Judicial Departments of the Government paying of the public debt and interest thereon and for the support of the public institutions and educational interests of the State All
138
other appropriations shall be made by separate bills each embracing but one subject
Art 3 Sec 7 Par 9
Rule 147 Neither House shall adjourn for morethan three days or to any other place without the consent of the other and in case of disagreement between the two Houses on a question of adjournment the Governor may adjourn either or both of them
Art 3 Sec 7 Par 24
Rule 14S All elections by the General Assembly shall be viva voce and the vote shall appear on the Journal of the House of Representatives Whpn the Senate and House of Representatives unite for the purpose of elections they shall meet in the Representative Hall and the President of the Senate shall in such cases preside and declare result
Art 3 Sec 10 Par 1
Rule 149 No bill or ordinance or resolution intended to have the effect of a law w hich shall have been rejected by either House shall be again proposed during the same session under the same or any other title without the consent of twothirds of the House by which the same was rejected
Art 3 Sec 7 Par 13
Rule 150 The General Assembly meets annually on the fourth Wednesday in June and the House and Senate are called to order at 10 oclock a m The Annual sessions are limited to fifty days
Art 3 Sec 4 Par 6
Rule 151 Each House shall be the judge of the election returns and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure fine or imprisonment or expulsion but no member shall be expelled except by a vote of twothirds of the House to which he belongs
Art 3 Sec 7 Par 1
Adjournments 1
Elections
Rejected bills again considered by a twothirds vote
Session limited to fifty days
Elections
disorderly
conduct
Expulsion by twothirds vote
139
Signature of Governor when required
Governors
veto
Effect of twothirds vote thereon
When Governor must approve
Effect of
twothirds
vote
Twothirds vote required
Twothirds vote required on amendments to Constitution
Rule 152 No provision of this Constitution for a twothirds vote of both Rouses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case excpt 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 153 The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws but twothirds of each House may pass a bill notwithstanding his dissent and if any bill should not be returned by the Governor within five 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
Art 5 Sec 1 Par 16
Rule 154 Every vote resolution or order to which the concurrenc 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 passed by twothirds of each House
Art 5 Sec 1 Par 17
Rule 155 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 General Assembly
Art 11 Sec 1 Par 4
Rule 156 Any amendment or amendments to this Constitution may be 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
140
such proposed amendment or amendments shall be entered on their Jouraals 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 provide for submission of such proposed amendment or amendments to the people at the said next general election and if the people shall ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment or amendments shall become a part of this Constitution When more than one amendment is submitted at the same t me they shall be so submitted as t enable the electors to vote on each amendment separately
Art 13 Sec 1 Par 1
Rule 157 No convention of the people shall be called by the General Assembly to revise amend or change the 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 the population as near as practicable
Art 13 Sec 1 Par 2
Rule 158 The Judges of the Supreme Court shall have out of the treasury of the State salaries not to exceed four thousand dollars per annum the Judges of the Superior Courts shall have salaries not to exceed three thousand dollars per annum the AttorneyGeneral shall have a salary not to xeceed 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 vote of each branch prescribe other and different salaries
141
Two thirds vote required to call a convention How called
Salaries of Judges
changed by or an 0r aove officers but no such changes shall
a two affect the officers then in commission
thirds vote
Ktice of Rule 159 No local or special bill shall be passed unless speciajnd notice of the intention to apply therefor shall have been KuCdti published in the locality where the matter or thing to be
passage0of affected may be situated which notice shall be given at
asme least thirty days prior to the introduction of such bill into
the General Assembly and in the manner to be prescribed by law The evidence of such notice having been published shall be exhibited in the General Assembly before such Act shall be passed
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 sent
coSidered door is Pen except while a question is being put or a
ballot or a viva voce 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 the House is engaged or its consideration may on motion be ordered by the House
day 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 a quorum
read by the Clerk it shall be deemed to be in the possession of the House but may be withdrawn at any time before the decision by consent of the House
Art 6 Sec 13 Pars 1 and 2
Art 3 Sec 7 Par 16
MISCELLANEOUS RULES
Messages Rule 160 When a message shall be sent to the House of
Messages when re
Rule 161 Messages may be received at any time while
Petitions
Rule 162 It shall be the order of the day every Wednes
Motions
Rule 163 After a motion is stated by the Speaker or
142
Rule 164 Any member presenting a petition memorial Petitions or remonstrance shall as concisely as practicable intimate oriab 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 165 The several standing committees of the House Commitshall have leave to report by bill or otherwise The report tees of the Committee on Rules is in order at any time when the House is not actually engaged in other business
Rule 166 The Clerk of the House shall take an oath for Clerkthe 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 167 The clerk shall take special care of the books cierk provided for the use of the House
Rule 168 The Committee on Enrollment shall carefully Dutiesof compare enrolled bills and resolutions and correcting any er on Enroll6 rors that may be discovered in the enrolled bills or other pa men pers make their report forthwith to their respective Houses
Rule 169 The rules of this House known as Constitu Suspension tional rules shall in no case be suspended all other rules ofrulesshall in no case be suspended nor changed nor the order of business be changed except by a vote of threefourths of the members voting
Rule 170 Any motion to suspend rules or change the No debate order of business shall be decided without debate
Rule 171 Any motion not privileged containing new Motions matter shall lie at least one day on the table agerivi1
Rule 172 Whenever on any question the yeas and nays Record shall have been ordered the Clerk shall also enter on the Journal the names of those members not voting
Rule 173 When a motion is made by any member it Notnecesshall not be necessary that the same shall be seconded before onlmotion being put to the House
143
Committees how and when enlarged
Priviliges of the floor
Duty of Committee on Journals
Effect of
unanimous
consent
Members to receipt Clerk for books and papers
Adjourn
ment
Rule 174 After the announcement of the standing committee no other members shall be placed thereon 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 175 No person shall be allowed to enter upon the 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 officers of the Executive Department State house officers and members of the Press actively reporting legislative proceedings exGovernors Judges of the Supreme and Superior Courts and solicitorsgeneral in aqtual commission expresiding officers of the House and Senate Judges and DistrictAttorneys of the United States Courts and such others as the House may allow upon recommendation of the Committee on the Privileges of the Floor
Rule 176 It shall be the duty of the Committee on Journals to read the Journal of each days proceedings and report to the House that the same is correct before the Journal is read by the Clerk
Rule 177 The Speaker shall not recognize any member at ally time for the purpose of asking unanimous consent for the introduction of new matter nor to read any general Bill the second or third time nor to put any general bill on its passage except during the first 30 minutes after the reading of the Journal provided that this shall not apply to any general bill having only a local application The Speaker shall entertain but one unamimous consent at any one time
Rule 178 No member shall take any books or papers from the possession of the House or Clerk without first acquainting the Clerk and giving him a receipt to return the same in a reasonable time or on his demand
Rule 179 The hours of the morning sessionsof the House shall be from ten oclock A M to one oclock P M when the House shall stand adjourned until ten oclock
144
A M of the next succeeding day Sundays excepted unless otherwise ordered by the House
Rule 180 A motion for the call of the yeas and nays shall be decided without debate
Rule 181 All Acts and joint resolutions shall be signed 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
Rule 182 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
Rule 183 The Messenger under the direction of the Clerk shall superintend the distribution by the Pages of all documents and papers to be distributed to the members he shall distribute to the members the usual and necessary stationery required by them
Rule 184 No Committee of the Whole or other committee shall deface or interline a bill resolution or other paper referred to said committee but shall report any amendment recommended on a separate paper noting thesection page or line to which said amendment relate
Rule 185 No pairing of members shall be recognized or allowed as an excuse for not voting
Rule 186 Whenever any member moves that a Committee 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 of only 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 House and be excused by the Speaker
Rule 187 After commitment of a bill and report thereof to the House it may be amended before the report of the
145
Motion for yeas and nays not debatable
Signature of Speaker and Clerk
Duty of Messenger
Messengers duty in distributing documents etc
Interlineation forbidden
Pairing
Committee on conference
Amend
ments
Motion
Majority and minority reports
What motions lie on
Changing
votes
Questions of privilege Proviso
committee is agreed to by the House but the amendments if any reported by the committee shall be disposed of before any other amendment be considered unless it be an amendment to a committee amendment
Rule 188 No motion on a subject different from that under consideration shall be admitted under color of amendment If a motion be made to strike out part of a bill or resolution a motion to amend the part proposed to be stricken out shall be first in order
Rule 189 All reports of a committee shall be in writing and the minority of a committee may make a report in writing setting forth succinctly the reasons for their dissent
Rule 190 Every motion for information from the Executive Department shall lie on the table one day
Rule 191 On the call of the yeas and nays the Clerk shall read the names of the members after they have been called and no member shall be permitted to change his vote unless he at that time declares that he voted under a mistake of the question
Rule 192 Questions of privilege shall be first those affecting the rights of the House collectively its safety dignity and the integrity of its proceedings second the rights reputation and conduct of members individually in their representative capacity only and shall have precedence of all other questions except a motion to adjourn Provided that when any matter is before the House no question of personal privilege shall be acted on until the pending question shall be disposed of
Rule 193 In all elections a majority of the members present shall be necessary to a choice
COMMITTEES
Rule 194 The Speaker shall appoint the following standing committees
Committee on Amendments to the Constitution
Committee on Appropriations
146
General Committee on Agriculture for consideration of general bills
Special Committee on Agriculture for consideration of special and local bills
Committee on Auditing
Committee on Banks and Banking
Committee on Academy for the Blind
Committee on Corporations
Committee on Counties and County Matters
Committee on Education
Committee on Engrossing
Committee on Enrollment
Committee on Excuse pf Members Absent without LeaveCommittee on Forestry and Water Ways
Committee on Game and Fish
Committee on Georgia School for the Deaf
Committee on Georgia State Sanitarium
Committee on Hall and Committee Rooms
Committee on Hygiene and Sanitation
Committee on Insurance
Committee on Invalid Pensions
Committee on Internal Improvement
Committee on Immigration
Committee on Journals
General Committee on Judiciary for the consideration of general bills
Special Committee on Judiciary for consideration of special and local bills
Committee on Labor and Labor Statistics
Committee on Manufactures
Committee on Military Affairs
Committee on Mines and Mining
Committee on New Counties
Committee on Pensions
Committee on Penitentiary
Committee on Public Library
Committee on Public Printing
Committee on Public Property
147
Committee on Privileges of the Floor
Committee on Privileges and Elections
Committee on Railroads
Committee on Public Roads and Highways
Committee on Reformatories
Committee on Rules of which the Speaker shall be ex offi cio Chairman
Committee on State of the Republic
Committee on Temperance
Committee on University of Georgia and its Branches Committee on Ways and Means
Committee on Western and Atlantic Railroad for the consideration of all matters pertaining to the Western andAtlantic Railroad
Committee on Wild Lands
1 The Chairman and Chairman pro tern of the Committee on Appropriations shall be ex officio members of the Committee on Ways and Means and the Chairman and Chairman pro tern of the Committee on Ways and Means shall be exofficio members of the Committee on Appropriations
ORDER OF BUSINESS
Rule 195 The following shall be the order of business
1 Prayer by the Chaplain
2 Call of the Roll
3 Reading of the Journal
4 Confirmation of the Journal
5 Motions to Reconsider
6 Reports of Standing Committees
7 Unfinishedbusiness of previous session
8 Orders of the day
9 On Mondays Wednesdays and Fridays call of the counties for the introduction of new matter On Wednesdays third reading of Senate bills and resolutions
pflO House bills fQr tnird reading and House bills with Senate amendments
11 House bills for second reading
121g House resolutions
148
13 On Mondays and Fridays immediately after the call of the counties Senate bdls for first and second reading shall be in order
14 On Wednesday 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
18 After the regular order of business for each day shall have been exhausted House bills for first and second reading and Senate bills for first and second reading respectively shall be in order
Unless otherwise ordered by the House no general bills or resolutions shall be in order for a third reading at Saturdays session
Rule 196 No change of or addition to these rules shall be made unless such proposed change or addition be first referred to the Commtitee on Rules and reported back to the House
Rule 197 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
Rule 198 The Auditing Committee shall before auditing the account of any member for expenses of a committeeman or any account prescribed by a member for any expense incurred in discharge of any duty as a member of this House require of such an itemized statement of such account supported by proper vouchers for each item of said account
Changing
rules
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 shaff 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 be furnished on demand with a copy of the accusation and a list of the witnesses on whose testimony the charge against him is founded shall have compulsory process to obtain the testimony of his own witnesses shall be confronted with the witnesses testifying against him and shall have a public and speedy trial by an impartial jury
Par VI N o person shall be compelled to give testimony tending in any way to criminate himself
Par VII Neither banishment beyond the limits of the tate 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 offense 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 punishment inflicted nor shall any person be abused in being arrested while under arrest or in prison
Par X No person shall be compelled to pay costs except after conviction on final trial
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Par XI The writ of habeas corpus shall not be suspended
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 licentiousness or justify practices inconsistent with the peace and safety of the State
Par XIV No money shall ever be taken from the public treasury directly or indirectly in aid of any church sect or denomination of religionists or of any sectarian institution
Par XV No law shall ever be passed to curtail or restrain the liberty of speech or of the press any person may speak write and publish his sentiments on all subjects being responsible for the abuse of that liberty
Par XVI The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the person or things to be seized
Par XVII There shall be within the State of Georgia neither slavery nor involuntary servitude save as a punishment for crime after legal conviction thereof
Par XVIII The social status of the citizen shall never be the subject of legislation
Par XIX The civil authority shall be superior to the military and no soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war except by the civil magistrate in such manner as may be provided by law
Par XX The power of the Courts to punish for contempts shall be limited by legislative acts
Par XXI There shall be no imprisonment for debt
Par XXII The right of the people to keep and bear arms shall not be infringed but the General Assembly shall have power to prescribe the manner in which arms may be borne
Par XXIII The legislative judicial and executive powers shall forever remain separate and distinct and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided
Par XXIV The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance
Par XXV All citizens of the United States resident in this State are hereby declared citizens of this State and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enj oyment bf 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 preserved
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Par II Treason against the State of Georgia shall consist in levying war against her adhering to her enemies giving them aid and comfort No person shall be convicted of treason except on the testimony of two witnesses to the same overt act or confession in open Court
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 be passed
Par III No grant of special privileges or immunities shall be 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 thrpughout the State and no special law shall be enacted in any case for which provision has been made by an existing general law No general law affecting private rights shall be varied in any particular case by special legislation except with the free consent in writing of all persons affected thereby and no person under legal disability to contract is capable of such consent
Par II Legislative Acts in violation of this Constitution or the Constitution of the United States are void and the Judiciary shall so declare them
Section V
Paragraph 1 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 whici 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
Par II Every male citizen of the United States except as
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hereinafter provided twentyone years of age who shall have resided in this State one year next preceding the election and shall have resided six months in the county in which he offers to vote and shall have paid all taxes which may hereafter be required of him and which he may have had an opportunity of paying agreeable to law except for the year of the election shall be deemed an elector Provided that no soldier sailor or marine in the military or naval service of 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 if challenged shall refuse to take the following oath or affirmation I do swear or affirm that I am twentyone years of age have resided in this State one year and in this county six months next preceding this election I have paid all taxes which since the adoption of the present Constitution of this State have been required of me previous to this year and which I have had an opportunity to pay and I have not voted at this election
Section II
Paragraph I The General Assembly may provide from time to time for the registration for all electors but the following classes of persons shall not be permitted to register vote or hold any office or appointment of honor or trust in this State to wit 1st Those who shall have been convicted in any Court of competent jurisdiction of treason against he State of embezzlement of public funds malfeasance in office bribery or larceny or of any crime involving moral turpitude punishable by the laws of this State with imprisonment in this penitentiary unless iuch person shall have been pardoned 2d Idiots and insane persons
Section III
Paragraph I Electors shall in all cases except for treason felony larceny and breach of the peace be privileged from arrest during their attendance on elections and in going to and returning from the same
Section IV
Paragraph I No person who is the holder of any public money contrary to law shall be eligible to any office in this State until the same is accounted for and paid into the treasury
Par II No person who after the adoption of this Constitution being a resident of this State shall have been convicted of fighting a duel in this State or convicted of sending or accepting a challenge or convicted of aiding or abetting such duel shall hold office in this State unless he shall have been pardoned and every such person shall also be subject to such punishment as may be prescribed by law
Section V
Paragraph I The General Assembly shall by law forbid the sale distribution or furnishing of intoxicating drinks within two miles of election precincts on days of electionState county or municipaland prescribe punishment for any violation of the same
Section VI
Paragraph I Returns of elections for all civil officers elected by the people who are to be commissioned by the Governor and also
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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 vested in a General Assembly which shall consist of a Senate and House of Representatives
Section II
Paragraph I The Senate shall consist of fortyfour members There shall be fortyfour Senatorial districts as now arranged by counties Each district shall have one Senator
The First Senatorial District shall be composed of the counties of Chatham Bryan and Effingham
The Second Senatorial District shall be composed of the counties of Liberty Tattnall and McIntosh
The Third Senatorial District shall be composed of the counties of Wayne Pierce and Appling
The Fourth Senatorial District shall be composed of the counties of Glynn Camden and Charlton
The Fifth Senatorial District shall be composed of the counties of Coffee Ware and Clinch
The Sixth Senatorial District shall be composed of the counties of Echols Lowndes and Berrien
The Seventh Senatorial District shall be composed of the counties of Brooks Thomas and Colquitt
The Eighth Senatorial District shall be composed of the counties of Decatur Mitchell and Miller
The Ninth Senatorial District shall be composed of the counties of Early Calhoun and Baker
The Tenth Senatorial District shall be composed of the counties of Dougherty Lee and Worth
The Eleventh Senatorial District shall be composed of the 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
The Fourteenth Senatorial District shall be composed of the counties of Dooly Wilcox Pulaski and Dodge
The Fifteenth Senatorial District shall be composed of the counties of Montgomery Telfair and Irwin
The Sixteenth Senatorial District shall be composed of the counties of Laurens Emanuel and Johnson
The Seventeenth Senatorial District shall be composed of the counties of Screven Bulloch and Burke
The Eighteenth Senatorial District shall be composed of the counties of Richmond Glascock and Jefferson
The Nineteenth Senatorial District shall be composed of the counties of Taliaferro Greene and Warren
The Twentieth Senatorial District shall be composed of the counties of Baldwin Hancock and Washington
The Twentyfirst Senatorial District shall be composed of the counties of Twiggs Wilkinson and Jones
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The Twentysecond Senatorial District shall be composed of the counties of Bibb Monroe and Pike
The Twentythird Senatorial District shall be composed of the counties of Houston Crawford and Taylor
The Twentyfourth Senatorial District shall be composed of the counties of Muscogee Marion and Chattahoochee
The Twentyfifth Senatorial District shall be composed of the counties of Harris Upson and Talbot
The Twentysixth Senatorial District shall be composed of the counties of Spalding Butts and Fayette
The Twentyseventh Senatorial District shall be composed of the counties of Newton Walton Clarke Oconee and Rockdale
The Twentyeighth Senatorial District shall be composed of the counties of Jasper Putnam and Morgan
The Twentyninth Senatorial District shall be composed of the counties of Wilkes Columbia Lincoln and McDuffie
The Thirtieth Senatorial District shall be composed of the counties of Oglethorpe Madison and Elbert
The Thirtyfirst Senatorial District shall be composed of the counties of Hart Habersham and Franklin
The Thirtysecond Senatorial District shall be composed of the counties of White Dawson and Lumpkin
The Thirtythird Senatorial District shall be composed of the counteis of Hall Banks and Jackson
The Thirtyfourth Senatorial District shall be composed of the counties of Gwinnett DeKalb and Henry
The Thirtyfifth Senatorial District shall bfe composed of the counties of Clayton Cobb and Fulton
The ThirtySixth Senatorial District shall be composed of the counties of Campbell Coweta Meriwether and Douglas
The Thirtyseventh Senatorial District shall be composed of the counties of Carroll Heard and Troup
The Thirtyeighth Senatorial District shall be composed of the counties of Haralson Polk and Paulding
The Thirtyninth Senatorial District shall be composed of the counties of Milton Cherokee and Forsyth
The Fortieth Senatorial District shall be composed of the counties of Union Towns and Rabun
The Fortyfirst Senatorial District shall be composed of the counties of Pickens Fannin and Gilmer
The Fortysecond Senatorial District shall be composed of the counties of Bartow Floyd and Chattooga
The Fortythird Senatorial District shall be composed of the counties of Murray Gordon and Whitfield
The Fortyfourth Senatorial District shall be composed of the counties of Walker Dade and Cartoosa
Par III The General Assembly may change these districts after each census of the United States Provided that neither the number of districts nor the number of Senators from each district shall be increased
Section III
Paragraph I The house of Representatives shall consist of one hundred and seventyfive Representatives apportioned among the several counties as follows to wit 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
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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 apportiontment 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 elections is changed by law
Par III The first meeting of the General Assembly after the ratification of this Constitution shall be on the fourth Wednesday in October 1878 and annually thereafter on the same day until the day shall be changed by law But nothing herein contained shall be construed to prevent the Governor from calling an extra session of the General Assembly before the first Wednesday in November 1878 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 to wit I will support the Constitution of this State and of the United States and on all questions and measures which may come before me I will so conduct myself as will in my judgment be most conducive to the interests and prosperity of this State
Par VI No session of the General Assembly shall continue longer than fifty days Provided that if an impeachment trial pending at the end of fifty days the session may be prolonged till the completion of said trial
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 Untied 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 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
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Section V
Paragraph I The Senators shall be citizens of the United States who have attained the age of twentyfive years and who shall have been citizens of this State for four years and for one year residents of the district from which elected
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 over by the Chief Justice or the presiding Justice of the Supreme Court Should the Chief Justice be disqualified the Sepate shall elect 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 shall nevertheless be liable and subject to indictment trial judgment and punishment according to law
Section VI
Paragraph I The Representatives shall be citizens of the United States who have attained the age of twentyone years and who shall have been citizens of this State for two years and for one year residents of the counties from which elected
Par II The presiding officer of the House of Representatives shall be styled the Speaker of the house of Representatives and shall be elected viva voce from the body
Par III The House of Representatives shall have the sole power to impeach all persons who shall have been or may be in office
Section VII
Paragraph I Each House shall be the judge of the election returns and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure fine imprisonment or expulsion but no member shall be expelled except by a vote of twothirds of the House to which he belongs
Par II Each House may punish by imprisonment not extending beyond the session any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either House
Par HI 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 m either house
Par IV Each House shall keep a journal of its proceedings and publish it immediately after its adjourment
Par V The original journal shall be preserved after publication in the office of Secretary of State but there shall be no other record thereof
Par VI The yeas and nays on any question shall at the desire of onefifth of the members present be entered on the journal
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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 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
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 v
Par IX The general appropriation bill shall embrace nothing except appropriations fixed by previous laws the ordinary expenses of the Executive Legislative and Judicial Departments of the Government payment of the public debt and interest thereon and the support of the public institutions and educational interests of the State All other appropriations shall be made by separate bills each embracing but one subject
Par X All bills for raising revenue or appropriating money shall originate in the House of Representatives but the Senate may propose or concur in amendments as in other bills
Par XI No money shall be drawn from the treasury except by appropriation made by law and a regular statement and account of the receipt and expenditure of all public money shall be published every three months and also with the laws passed by each session of the General Assembly
Par XII No bill or resolution appropriating money shall become a law unless upon its passage the yeas and nays in each House are recorded
Par XIII All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives and no bill ordinance or resolution intended to have the effect of law which shall have been rejected by either House shall be again proposed during the same session under the same or any other title without the consent of twothirds of the House by which the same was rejected
Par XIV No bill shall become a law unless it shall receive a majority of 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 By an act approved September 24 1885 an amendment to the Constitution was submitted to vote of the people in October 1886 and adopted whereby the original of this paragraph was stricken from this Constitution
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 introduction of such bill into the General Assembly and in the manner to be prescribed by law The evidence of such notice having been published shall be exhibited in the General Assembly before such Act shall be passed
Par XVII No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code but the amending or repealing Act shall distinctly describe the law to be amended or repealed as Well as the alteration to be made
Par XVIII The General Assembly shall have no power to grant corporate powers and privileges to private companies nor
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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 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
Par XIX The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances from the payment thereof either before or after judgment thereon unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officer
Par XX The General Assembly shall not authorize the construction of any street passenger railway within the limits of any incorporated town or city without the consent of the corporate authorities
Par XXI Whenever the Constitution requires a vote of two thirds of either or both Houses for the passage of an Act or resolution the yeas and nays on the passage thereof shall be entered on the journal
Par XXII The General Assembly shall have power to make all laws and ordinances consistent with this Constitutionand 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 Constiuttion 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 twothirds vote required to override the veto and in case of prolongation of a session of the General Assembly
Par XXIV Neither House shall adjourn for more than three days or to any other place without the consent of the other and in case of a disagreement between the two Houses on a question of adjournment the Governor may adjourn either or both of them
Section VIII
Paragraph I The officers of the two Houses other than the President and Speaker shall be a Secretary of the Senate and Clerk of the House of Representatives and such assistants as they may appoint but the clerical expenses of the Senate shall not exceed sixty dollars per day for each session nor those of the House Representatives seventy dollars per day for each session The Secretary of the Senate and Clerk of the House of Representatives shall be required to give bond and security for the faithful discharge of their respective duties
Section IX
Paragraph I The per diem of members of the General Assembly shall not exceed four dollars and mileage shall not exceed ten cents for each mile traveled by the nearest practicable route in going to and returning from the Capital but the President of the Senate and the Speaker of the House of Representatives shall each 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 in this State or which may desire to establish agencies and do business in the State of Georgia chartered by other States of the Union or foreign States shall show that they have deposited with the ComptrollerGeneral of the State in which they are chartered or of thisState the Insurance Commissioners or such other officer as may be authorized to receive it not less than one hundred thousand dollars in such securities as may be deemed by such officer equivalent to cash subject to his order as a guarantee fund for the security of policyholders
Par II When such showing is made to the ComptrollerGeneral of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited the ComptrollerGeneral of the State of Georgia is authorized to issue to the company making such showing a license to do business in the State upon paying the fees required by law
Par III All life insurance companies chartered by the State of Georgia or which may hereafter be chartered by the State shall before doing business deposit with the ComptrollerGeneral of the State of Georgia or with some strong corporation which may be approved by said ComptrollerGeneral one hundred thousand dollars in such securities as may be deemed by him equivalent to cash to be subject to his order as a guarantee fund for the security of the policyholders of the company making such deposit all interests and dividends arising from such secruities 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 securitiesequally 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
Par V The General Assembly 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 inalieniable indestructible is the life of the State and rightfully
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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 pusposes 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 regulat freight and passenger tariffs to prohibit unjust discriminations on the various railroads of this State and to prohibit said roads from charging other than just and reasonable rates and enforce the same by adequate penalties
Par II The exercise of the right of eminent domain shall never be abridged nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies and subjecting them to public use the same as property of individuals and the exercise of the police power of the State shall never be abridged nor so construed as to permit corporations to conduct their business in such a manner as to infringe the equal rights of individuals or the general wellbeing of the State
Par III The General Assembly shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same nor pass any other general or special law for the benefit of said corporation except upon the condition that said corporation shall thereafter hold its charter subject to the provisions of this Constitution and every amendment of any charter of any corporation in this State or any special law for its bnefit 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 power to authorize any corporation to buy shares or stock in any other corporation in this State or elsewhere or to make any contract or agreement whatever with any such corporation which may have the effect or be intended to have the effect to defeat or lessen competition in their respective business or to encourage monopoly and all such contracts and agreements shall be illegal and void
Par V No railroad company shall give or pay any rebate or bonus in the nature thereof directly or indirectly or to do any act tomislead 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
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by the State of Georgia
Par VII The General Assembly shall enforce the provisions of this article by appropriate legislation
ARTICLE V
EXECUTIVE DEPARTMENT
Section I
Paragraph I The officers of the Executive Department shall consist of a Governor Secretary of State ComptrollerGeneral and Treasurer
Par II The Executive power shall be vested in a Governor who shall hold his offices 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 biennally 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 convene in the Representative Hall and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State but if no person shall have such majority then from the two persons having the highest number of votes who shall be in life and shall not decline an election at the time appointed by the General Assembly to elect the General Assembly shall immediately elect a Governor viva voce and in all cases of election of a Governor by the General Assembly a majority of the members present shall be necessary to a choice
Par VI Contested elections shall be determined by both Houses of the General Assembly in such manner as shall be presricbed by law
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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 six years and who shall not have attained the age of thirty years
Par VIII In case of the death resignation or disability of the Governor the President of the Senate shall exercise the Executive powers of the government until such disability be removed or a successor is elected and qualified And in case of the death resignation or disability of the President of the Senate the Speaker of the House of Representatives shall exercise the Executive powers of the Government until the removal of the disability or the election and qualification of a Governor
Par IX The General Assembly shall have power to provide by law for filling unexpired terms by special elections
Par X The Governor shall before he enters on the duties of his office take the following oath or affirmation I do solemnly swear oi affirm as the case may be that I will faithfully execute the office of Governor of he 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 re mit any part of a sentence for offences against the State after conviction except in cases of treason and impeachment subject to such regulations as may be provided by law relative to the manner of applying for pardons Upon conviction for treason he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof when the General Assembly shall either pardon commute the sentence direct its execution or grant a further reprieve He shall at each session of the General Assembly communicate to that body each case of reprieve pardon or commutation granted stating the name of the convict the offence for which he was convictedthe sentence and its date the date of the reprieve pardon or commutation and the reasons for granting the same He hall 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 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 fill such vacancy unless otherwise provided by law and persons so appointed shall continue in office until a successor is commissioned agreeably to the mode pointed out in the Constitution or by law in pursuance thereof
Par XV A person once rejected by the Senate shall not be reappointed by the Governor to the same office during the same session or the recess thereafter
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Par XVI The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws but twothirds of each House may pass a law notwithstanding his dissent and if any bill shall 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 Hte 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 rhay 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 Executive Department on any subject relating to the duties of their respective offices It shall be the duty of the Governor quarterly and oftener if he deems it expedient to examine under oath the Treasurer and ComptrollerGeneral of the State on all matters pertaining to their respective offices and to inspect and review their books and accounts The General Assembly shall have authority to provide by law for the suspension of either of said officers from the discharge of the duties of his office and also for the appointment of a suitable person to discharge the duties of the same
Par XIX The Governor shall have power to appoint his own Secretaries not exceeding two in number and to provide such other clerical force as may be required in his office but the total cost for Secretaries and clerical force in his office shall not exceed six thousand dollars per annum
Section II
Parargaph 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 Constitution 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 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
Par III The Salary of the Secretary of State shall not exceed two thousand dollars per annum and the clerical expenses of his department shall not exceed one thousand dollars per annum
Par IV The salary of the ComptrollerGeneral shall not exceed two thousand dollars per annum The clerical expenses of his department including the Insurance Department and Wilcl 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 be allowed directly or indirectly to receive any fee interest or reward from any person bank or cor
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poration 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 fees 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 Notaries Public and other Courts as have been or may be established by law
Section II
Paragraph I The Supreme Court shall consist of a Chief Justice and two Associate Justices A majority of the Court shall constitute a quorum
Par II When one or more of the Judges are disqualified from deciding any case by interest or otherwise the Governor shall designate a Judge or Judges of the Superior Courts to preside in said case
Par III No Judge of any Court shall preside in any case where the validity of any bondFederal State corporation or municipalis involved who holds in his own right or as the representative of others any material interests in the class of bonds upon which th question to be decided arises
Par IV The Chief Justice and Associate Justices shall hold their office for six years and until their successors are qualified A successor to the incumbent whose term will soonest expire shall be elected by the General Assembly in 1880 a succssor to the incumbent whose term of office is next in duration shall be elected by the General Assembly in 1882 and a successor to the third incumbent shall be elected by the General Assembly in 1884 but appointments to fill vacancies shall only be for the unexpired term or until such vacancies are filled by elections agreeably to the mode pointed out by this Constitution
Par V The Supreme Court shall have no original jurisdiction but shall be a Court alone for the trial and correction of errors
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from the Superior Courts and from the City Courts of Atlanta and Savannah and such other like Courts as may be hereafter established in other cities and shall sit at the seat of government at such time in each year as shall be prescribed by law for the trial and determination of writs of error from 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 in case 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 withold its judgment until the next term after the same is argued
Par VIII The Supreme Court shall hereafter consist of a chief justice and five associate justices The court shall have power to hear and determine cases when sitting either in a body or in two divisions of three judges each unaer such regulations as may be prescribed by the General Assembly A majority of either division shall constitute a quorum for that division The chief justice and the associate justices of the Supreme Court shall hereafter be elected by the people at the same time and in the same manner as the Governor and the State house officers are elected except that the first election under this amendment shall be held on the third Wednesday in December 1896 at which time one associate justice shall be elected for a full term of six years to fill the vacancy occurring on January lsf 1897 by the expiration of the term of one of the present incumbents and three additional associate justices shall be elected for terms expiring respectively January 1st 1899 January lsf 1901 and January lsf 1903 The persons elected as additional associate justices shall among themselves determine by lot which of the three last mentioned terms each shall have and they shall be commissioned accordingly
After said first election all terms except unexpired terms shall be for six years each In case of any vacancy which causes an unexpired term the same shall be filled by executive appointment and the person appointed by the Governor shall hold his office until the next regular election and until his successor for the balance of the unexpired term shall have been elected and qualified The returns of said special election shall be made to the Secretary of State
Act approved December 16 1895
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 successors to the present incumbents shall be elected by the General Assembly as follows To the half fas 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 oe fixed by the General Assembly
Pari 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
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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 in subjected to loss of life or confinement in the penitentiary in cases respecting titles to land and equity cases
Par II The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by Courts of Equity in this State
Par III Said Courts shall have jurisdiction in all civil cases except as hereinafter provided
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 certiorari which shall only issue on the sanction of the Judge and said Courts and the Judges thereof shall have power to issue writs of mandamus prohibition scire facias and all other writs that may be necessary for carrying their powers fully into effect and shall have such other powers 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 by law
Par IX The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding Judge is from any cause disqualified
Section V
Paragraph I In any county within which there is or hereafter may be a City Court the Judge of said Court and of the Superior Court may preside in the Courts of each other in cases where the Judge of either Court is disqualified to preside
Section VI
Paragraph I The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county from whose decision there may be an appealor by consent of partieswithout 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 exceptwhen 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 appeal to the Superior Court under such regulations as may be prescribed by law
Par III Justices of the Peace shall be elected by the legal voters in their respective districts and shall be commissioned by the Governor They shall be removable on conviction for malpractice in office
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 powersproceedings and practiceof all courts or officers invested with judicial powersexcept city courts of the same grade or class so far as regulated by law and the force and effect of the process judgment and decree by such Courts severally shall be uniform This uniformity must be established by the Generali Assembly
Section X
Paragraph I There shall be an AttorneyGeneral of the 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 SolicitorGeneral to represent the legal adviser of the Executive Department to represent the State in the Supreme Court in all capital felonies and in all civil and criminal cases in any Court when required by the Governor and to perform such other services as shall be required of him by law
Section XI
Paragraph I There shall be a SolicitorGeneral for each judicial circuit whose official term except when commissioned to fill an unexpired term shall be four years
Par II It shall be the duty of the SolicitorGeneral to represent the State in all cases in the Superior Courts of his circuit and in all cases taken up from his circuit to the Supreme Court and to perform such other services as shall be required of him by law
Section XII
Paragraph I The Judges of the Supreme and Superior Courts and SolicitorsGeneral shall be elected by the General Assembly in joint session on such day or days as shall be fixed by joint resolution of both Houses At the session of the General Assembly which is held next before the expiration of the terms of the 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 resignationAor other cause shall be filled by appointment of the
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Governor until the General Assembly shall eonvene 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 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 the salaries of those now in office
Par II The General Assembly may at any time by a twothirds vote of each 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 he shall have attained the age of thirty years and shall have been a citizen of the State three years and have practiced law for seven years and no person shall be hereafter elected Solicitor General unless at the time of his election he shall have attained twentyfive years of age shall have been a citizen of he State for three years and shall have practiced law for three years next preceding his election
Section XV
Paragraph I No total divorce shall be granted except on the concurrent verdicts of two juries at different terms of the Court
Par II When a divorce is granted the jury rendering the fngi verdict shall determine the rights and disabilities of the parties
Section XVI
Paragraph I Divorce cases shall be brought in the county where thedefendant resides if a resident of this State if the defendant be not a resident of this State then in the county in which the plaintiff resides
Par II Cases respecting titles to land shall betried in the county where the land lies except where a single tract is divided by a county line in which case the Superior Court of either county shall have jurisdiction
Par III Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed
Par IV Suits against joint obligorsjoint promissors copartners or joint trespassers residing in different counties may be tried in either county
Par V Suits against the maker and indorser of promissory notes or drawer acceptor and endorser of foreign or inland bills of exchange or like instruments residing in different counties shall be brought in the county where the maker or acceptor resides
Par VI All other civil cases shall be tried in the county where the defendant resides and all criminal cases shall be tried in the
county where the crime was committed except cases in the Superior Courts where the Judge is satisfied that an impartial j ury cannot be obtained in such county
Section XVII
Paragraph I The power to change the venue in civil and criminal cases shall be vested in the Superior Counts to be exercised in such manner as has been or shall be provided by law
Section XVIII
Paragraph X 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 iess than five to constitute a trial or traverse jury in Courts other than the Superior and City Courts
Par II The General Assembly shall provide by law for the selection of the most experienced intelligent and upright men to serve as grand jurors and intelligent and upright men to serve as traverse jurors Nevertheless the grand jurors shall be competent to serve as traverse jurors
Par III It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State
Section XIX
Paragraph I The General Assembly shall have power to provide for the creation of County Commissioners in such counties as may require them and to define their duties
Section XX
Paragraph I All Courts not specially mentioned by name in the first section of this article may be abolished in any county at the discretion of the General Assembly
Section XXI
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 filled in the Court below
ARTICLE VII
FINANCE TAXATION AND PUBLIC DEBT
Section I
Paragraph I The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes
only
For the support of the State Government and the public institutions
For educational purposes in instructing children in the elementary branches of an English education only
To pay the interest on the public debt
To pay the principal of the public debt
To suppress insurrection to repel invasion and defend the State in time of war
To supply the soldiers who lost a limb or limbs in the military service of the Confederate States with substantial artificial limbs dur
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mg life and make suitable provisions for such Confederate soldiers ag may have been otherwise disabled or permanently injured in such service or who may by reason of age and poverty or infirmity and poverty or blindness and poverty are unable to provide a living for themselves and for the widows of such Confederate soldiers as may have died in the service of the Confederate States or since from WUn uS receved therein or disease contracted in the service or who by reason of age and poverty or infirmity and poverty or blindness and poverty are unable to provide a living for themselves provided that the Act shall only apply to such widows as were married as the time of such service and have remained unmarried since the death of such soldier husband
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 withip the territorial limits of the authority levying the tax and shall be levied and collected under general laws The General Assembly may however impose a tax on such domestic animals as from their nature and habits are destructive of other property
Par II The General Assembly may by law exempt from taxation all public property places of religious worship or burial all institutions of purely public charity all buildings erected for and used as a college incorporated academy or other seminary of learning the real and personal estate of any public library and that of any other literary association used by or connected with such library all books and philosophical apparatus and all paintings and statuary of any company or association kept in a public hall and not held as merchandise or for purpose of sale or gain Provided the property so exempted be not used for purpose of private or corporate profit or income
Par III No poll tax shall be levied except for educational purposes and such tax shall not exceed one dollar annually upon each poll
Par IV All laws exempting property from taxation other than the property herein enumerated shall be void
Par V The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the State shall be a party
Section III
Paragraph I No debt shall be contracted by or on behalf of the State except to supply casual deficiencies of revenue to repel invasion suppress insurrectionand defend the State in time of war or to pay the existing public debt but the dbt created to supply deficiencies in revenue shall not exceed in the aggregate two hundred thousand dollars
Section IV
Paragraph I All laws authorizing the borrowing of money by pr 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 purposes 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
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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 the State any property for locating or building a capitol and the State accepts such offer the corporation may comply with such offer
Par II The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose except for educational purposes in instructing children in the elementary branches of an English education only to build and repair the 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 county municipal corporation or political division of this State except as in this Constitution provided for shall never exceed seven per centum of the assessed value of all the taxable property therein and no such county municipality or division shall incur any new debt except for a temporary loan or loans to supply casual deficiencies of revenue not to exceed onefifth of one per centum of the assessed value 6f 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 debt 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 VIII
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 of the General Assembly of any interests profits or perquisites arising from the use or loan of
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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
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 prinicipal 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 andany 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 1873 shall have been paid
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Section XV
Paragraph I The ComptrollerGeneral and Treasurer shall each make to the Governor a quarterly report of the financial condition of the Statewhich report shall include a statement of the assets liabilities and income of the State and expenditures therefor for three 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 indorsed by him as having been examined
Section XVI
Paragraph I The General Assembly shall not by vote resolution or order grant any donation or gratuity in favor of any person corporation or association
Par II The General Assembly shall not grant or authorize extra compensation to any public officer agent or contractor after the service has been rendered or the contract entered into
Section XVII
Paragraph I The office of the State Printer shall cease writh 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
ARTICLE VIII
EDUCATION
Section I
Paragraph I There shall be a thorough system of common schools for the education of children in the elementary branches of an English education only as nearly uniform as practicable the expense 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 elected by the people at the same time and manner as the Governor and State house officers are elected whose term of office shall be two years and until his successor is elected and qualified His office shall be at the seat of the government and he shall be paid a salary not to exceed two thousand dollars 2000 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 debts 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
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0
other property are hereby set apart and devoted for the support of common schools
Section IV
Paragraph I ikuthority may be granted to counties upon the recommendation of two grand juries and to municipal corporations upon the recommendation of the corporate authority to establish and maintain public schools in their respective limits by local taxation but no such local laws shall take effect until the same shall have been submitted to a vote of the qualified voters in each county or municipal corporation and approved by a twothirds vote of persons qualified to vote at such election and the General Assembly may prescribe who shall vote bn 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 EXEMPTION
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
fyl0teThe above provision of the Constitution was especially submitted to the people and ratified as a part thereof by them on December 5th 1887
Section II
Paragraph I No Court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment execution or 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 done thereon for material furnished therefor or for the removal of incumbrances thereon
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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 wife if any and he shall not after it is set apart alienate or encumber the property so exempted but it may be sold by the debtor and his wife if any jointly with the sanction of the Judge of the Superior Court of the county where the debtor resides or the land is situated the proceeds to be reinvested upon the same uses
Section IV
Paragraph I The General Assembly shall provide by law as early as practicable for the setting apart and valuation of said property But nothing in this article shall be construed to affect or repeal the existing laws for exemption of property from sale contained in the present Code of this State in paragraphs 2040 to 2049 inclusive and the Act amendatory thereto It may be optional with the applicant to take either but not both of such exemptions
Section V
Paragraph I The debtor shall have authority to waive or renounce in writing his right to the benefit of the exemption provided for in section four except as is excepted in section three of this article
Section VI
Paragraph I The applicant shall at any time have the right to supplement his exemption by adding to an amount already set apart which is less than the whole amount of exemption herein allowed a sufficiency to make his exemption equal to the whole amount
Section VII
Paragraph I Homestead and exemptions of personal property which have been heretofore set apart by virtue of the provisions of the existing Constitution of this State and in accordance with the laws for the enforcement thereof or which may hereafter so set apart at any time shall be and remain valid as against all debts and liabilities existing at the time of the adoption of this Constitution to the same extent that they would have been had said existing Constitution not been revised
Section VIII
Paragraph I Rights which have become vested under previously existing laws shall not be affected by anything herein contained In all cases in which homesteads have been set apart under the Constitution of 1868 and the laws made in pursuance thereof and a bona fide sale of such property has been subsequently made and the full purchase price thereof paid all right of exemption in such property by reason of its having been so set apart shall cease in so far as it affects the right of the purchaser In all such cases where a part only of the purchase price has been paid such transactions shall be governed by the laws now of force in this State in so far as they affect the rights of the purchaser as though said property had not been set apart
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SECTION IX
Paragraph I Parties who have taken a homestead of realty under the Constitution of eighteen hundred and sixtyeight 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 I A well regulated militia being essential to the peace and security of the State the General Assembly shall have authority to provide by law how the militia of this State shall be organized officered trained armed and equipped and of whom it shall consist
Par II The General Assembly shall have power to authorize the formation of volunteer companies and to provide for their organization into battalions regiments brigades divisions and corps with such restrictions as may be prescribed by law and shall have authority to arm and equip the same
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 limitations as may be prescribed by law All suits by or against a county shall be in the name thereof and the metes and bounds of the several counties shall remain as now prescribed by law unless changed as hereinafter provided
Par II No new county shall be created
Par III County lines shall not be changed unless under the operation of a general law for that purpose
Par IV No county site shall be changed or removed except by a twothirds vote of the qualified voters of the county voting at an election held for that purpose and a twothirds vote of the General Assembly
Par V Any county may be dissolved and merged with contigous counties by a twothirds vote of the qualified electors of such county voting at an election held for that purpose
Section II
Paragraph I The county officers shall be elected by the qualified voters of their respective counties or districts and shall hold their offices for two years They shall be removed on conviction for malpractice in office and no person shall be eligible to any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter
Section III
Paragraph I Whatever tribunal or officers may hereafter be created by the General Assembly for the transaction of county
178
matters shall be uniform throughout the State and of the same name jurisdiction and remedies except that the General Assembly may provide for the appointment of commissioners of roads and revenue in any county
ARTICLE XII
THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE
Section I
Paragraph I The laws of general operation in this State are first as tHe supreme law The Constitution of the United States the laws of the United States in pursuance thereof and all treaties made under the authority of the United States
Par II Second As next in authority thereto this Constitution
Par III Third In subordination to the foregoing All laws now of force in this State not inconsistent with this Constitution and the ordinances of this Convention shall remain of force until the same are modified or repealed by the General Assembly the tax acts and appropriation acts passed by the General Assembly of 1877 and approved by the Governor of the State and not inconsistent with the Constitution are hereby continued in force until altered by law
Par IV Local and private acts passed for the benefit of counties cities towns corporations and private persons not inconsistent with the supreme law nor with this Constitution and which have not expired nor been repealed shall have the force of 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 corporations 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 unless attacked for fraud
Par VI All judgments decrees orders and other proceedings of the several courts of this State heretofore made within the limits of their several jurisdictions are hereby ratified and affirmed subject only to reversion by motion for a new trial appeal bill of review or other proceeding in conformity with the law of force when thy were made
Par VII The officers of the government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified but nothing herein is to apply to any officer whose office may be abolished by this Constitution
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 questions to a vote of the people which ordinances after being voted on shall have the effect of constitutional provisions
NoteUnder the ordinance of the Convention submitting the question of the location of the capital to the people toe city of Atlanta was chosen December 5th 1877
179
ARTICLE XIII
AMENDMENTS TO THE CONSTITUTION
Section I
Paragraph I Any amendment or amendments to this Con stitution may be proposed in the Senate or House of Reprsenta tives 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 papers in each Congressional district for two months provious 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 conducted as is now provided by law for holding elections for members of the General Assembly All persons voting at said election in favor of adopting the Constitution shall write or have printed on their ballots the words For Ratification and all persons opposed to the adoption of this Constitution shall write or have printed on their ballots the words Against Ratification
Par II The votes cast at said election shall be consolidated in each of the counties of the State as is now required by law in elections for members of the General Assembly and returns thereof made to the Governor and should a majority of all the votes cast at said election be in iavor of ratification he shall declare the said Constitution adopted and make proclamation of the result of said election by publication in one or more newspapers in each Congressional district of the State but should a majority of the votes cast be against ratification he shall in the same manner proclaim the said Constitution rejected
180
AMENDMENTS TO CONSTITUTION
An Act to amend Paragraphs 2 and 3 of Section 3 of Article 6 and Paragraph 1 of Section 11 of Article 6 of the Constitution of this State so as to provide for the election of the Judges of Superior Courts and SoiicitorsGeneral by the electors of the whole State
Acts 1897 page 16
An Act to amend Section 1 Article 7 Paragraph 1 of the Constitution of Georgia so as to extend the provisions of said Section Article and Paragraph to the widows of Confederate Soldiers who by reason of age and poverty or infirmity and poverty or blindness and poverty are unable to provide a living for themselves and for other purposes
Acts of 1899 page 19
An Act to amend Article 7 Section 1 of the Constitution of this State so as to limit the levy of taxes on property for any one year by the General Assembly to five mills on each dollar of the value of the property taxable in this State except for the purpose of repelling invasion suppressing insurrection or defending the State in time of war and for other purposes
Acts of 1903 page 21
An Act to alter and amend Article 8 Section 4 Paragraph 1 of the Constitution of the State by striking out the words upon the recommendation of two grand juries which begin in the first line after the word Counties and end in the second line before the word and and substituting therefor the words Militia Districts School JDistricts and by inserting the words Military Districts School Districts in the seventh line after the word County and before the word or and further by striking out the word twothirds which begins in the seventh line after the word a and ends in the eighth line before the word vote and
V U bJLUg O r
and for other purposes
Acts of 1903 page 23
An Act to amend Paragraph 2 of Section 1 of Article 11 of the Constitution of this State by striking out all of said Paragraph 2 Section 1 Article 11 and inserting in lieu thereof the following There shall not be more than one hundred and fortyfive Counties in this State
Acts 1904 page 47
An Act to amend Section 3 Article 3 of the Constitution of this State which provides for the number of members of the House of Representatives by striking out Paragraph 1 of said Section of said Article and substituting in lieu thereof a Paragraph allowing an increase in the number of members of said House and naming the Counties now entitled to more than one Representative
Acts 1904 page 48
ORDINANCES
AN ORDINANCE
Be it ordained by the people of Georgia in Convention assembled
1st That the question of the location of the capital of this State be kept out of the Constitution to be adopted by this 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 these places receiving the largest number of votes shall be the capital of the State until changed by the same authority and in the same way that may be provided for the alteration of the Constitution that may be adopted by the Convention whether said Constitution be ratified or rejected And that every person entitled to vote for members of the General Assembly under thepresent Constitution and laws of this State shall be entitled to vote under this ordinance and in the event of the rejection of said Constitution shall should a majority of votes cast be in favor of Milledgeville then this provision to operate and take effect as an amendment to the present Constitution
AN ORDINANCE
Be it ordained by the people of Georgia in Convention assembled and it is hereby ordained by authority of the same
1st That the article adopted by this Convention on the subject of Homestead and Exemption shall not form a part of this Constitution except as hereinafter provided
2d At the election held for the ratification or rejection of this Constitution it shall be lawful for each voter to have written or printed on his ballot the words Homestead of 1877 or the words Homestead of 1868
3d In the event that a majority of the ballots so cast have indorsed upon them the words Homestead of 1877 then said article so adopted by this Convention shall form a part of the Constitution submitted if the same is ratified but in the event that said Constitution so submitted shall not be ratified then the article on Homestead and Exemptions so adopted as aforesaid by this Convention shall supersede article seven of the Constitution of 1868 on the subject of Homestead and Exemptions and form a part of this Constitution
4th If a majority of the ballots so cast as aforesaid shall have indorsed upon them the words Homestead of 1868 then article seventh of the Constitution of 1868 shall supersede the article on Homestead and Exemptions adopted by this Convention and shall be incorporated in and form a part of the Constitution so submitted and ratified
Read and adopted in Convention August 22 1877
Attest C J JENKINS
President Constitutional Convention
JAMES COOPER NISBET Secretary
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 bv the General Assembly can be defrayed and whereas the committee are satisfied that a sufficient sum of money for the same Prcurd hy 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 ol 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 18 1877
Attest C J JENKINS
tahttio President Constitutional Convention
JAMES COOPER NISBET Secretary
AN ORDINANCE
Be it ordained by the people of Georgia in Convention assembled jt That the Constitution as adopted and revised be enrolled and signed by the officers and members of this Convention
That the Governor shall issue his proclamation ordering an election for members of the General Assembly and a vote upon ratification or rejectionof 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
t TiATici President Constitutional Convention
JAMES COOPER NISBET Secretary
AN ORDINANCE
There shall be sixteen Judicial Circuits in this State and it shall be the duty of the General Assembly to organize and apportion SIC1 panner 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 bv law J
Read and adopted in Convention August 23 1877
Attest C J JENKINS
r President Constitutional Convention
JAMES COOPER NISBET Secretary
184
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 provisions for such Confederate soldiers as may have been permanently injured in such service
See Acts of 18841885
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 as1 may have died in the service of the Confederate States or since from wounds received therein or diseases contracted therein
Paragraph 3 Section 4 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 4 Article 2 amended by striking out the words forty days unless by a twothirds vote of the whole number of each House and substituting therefor fifty days These amendments were construed to apply to Article 3 instead of Article 2
Paragraph 7 Section 7 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 7 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
Paragraph 1 Section 1 of Articled by adding after the word service in the thirteenth line of said paragraph the following words towit Or who by reason of age and poverty or infirmity and poverty or blindness and poverty are unable to provide a living for themselves
Act approved December 19 1893 Adopted by vote of the people Oct 1894
Paragraph 2 Section 3 Article 6 amended so that the same shall read as follows The successors to the present and subsequent incumbents shall be elected by the electors entitled to vote for of the General Assembly of the whole State at the general election held for such members next preceding the expiration of their respective terms provided that the successors for all incumbents whose terms expire on or before the first day of January 1899 shall be elected by the GeneralAssembly at its session for 1898 for the full term of four years 1
Paragraph 3 Section 3 Article 6 amended so that said paragraph shall read as follows The terms of the judges to be elected under
185
the Constitution except to fill vacancies shall begin on the first day of January after their election Every vacancy occasioned by death resignation or other causes shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs at which election a successor for the unexpired term shall be elected
Paragraph 1 Section 11 Article 6 amended so that the same shall read as follows There shall be a SolicitorGeneral for each judicial circuit whose official term except to fill a vacancy shall be iUii iearf successors of present and subsequent incumbents
shall be elected by the electors of the whole State qualified to vote for members of the General Assembly at the general election held next preceding the expiration of their respective terms Every vacancy occasioned by death resignation or other cause shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs at which election a successor for the unexpired term shall be elected provided that the successor for all incumbents whose terms expire on or before the first day of January 1899 shall be elected by the General Assembly at its session for 1898 for the full term of four years
Paragraph 1 Section 1 Article 7 amended so that the same shall read as follows and for the widows of such Confederate soldiers who by reason of age and poverty or infirmity and poverty or blindness and poverty are unable to provide a living for themselvesprovided that the Act shall only apply to such widows as were married at the time of such service and have remained unmarried since the death of such soldier husband
rraraTgraPh Section 3 Article 8 be amended to read as follows ihe Legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this fetaJe and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof and shall fix the time at which the term or terms of office of such additional judge or judges shall begin and the manner of his appomtment or election and shall have authority from time to time to add to the number of such judges in any judicial circuit or to reduce the number of judges in any judicial circuit provided that at all times there shall be at least one judge in every judicial circuit of this State r
4arSraph 1 Section 1 Article 6 be amended to read as follows Ihe judicial powers of the State shall be vested in a Supreme Court a Court of Appeals superior courts courts of ordinary justices of the peace commissioned notaries public and such other courts as have been or may be established by law
ParaSraPh 5 Section 2 Article 6 be amended to read as follows Ihe Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors in law and equity from the superior courts in all civil cases whether legal or equitable originating therein or carried thereto from the court of ordinary and in all cases of conviction of a capital felony and for the determination of questions certified to it by the Court of Appeals and shall sit at the seat of government at such times in each year as are or may be prescribed by law for the trial and determination of writs of error from the superior courts and of
186
questions certified to it as aforesaid The provisions of this paragraph shall become effective on the first day of January Anno Domini nineteen hundred and seven but shall not affect cases which on that date are pending in the Supreme Court except that cases then pending therein of the kind of which the Court Of Appeals has jurisdiction may be transferred by the Supreme Court to the Court of Appeals Any case thereafter carried to the Supreme Court which is of the class of which the Court of Appeals has jurisdiction may be transferred to the Court of Appeals under such rules as the Supreme Court may prescribe until otherwise provided by law and the Court of Appeals shall try the cases so transferred
Section 2 Article 6 by adding a paragraph to be known as Paragraph 9 which shall read as follows
The Court of Appeals shall until otherwise provided by law consist of three judges of whom two shall constitute a quorum It shall sit at the seat of government and at such other places as may be prescribed by law The Governor shall immediately on the ratification of this amendment call an election to be held on Tuesday after the first Monday in November Anno Domini nineteen hundred and six at which the judges of the Court of Appeals shall be elected in the manner in which Justices of the Supreme Court are elected The returns of said election shall be made to the Secretary of State and the Secretary of State shall canvass the returns and declare the three persons receiving the greatest number of votes to be elected The terms of office of the judges then elected shall begin on the first day of January Anno Domini nineteen hundred and seven and shall continue respectively two four and six years and until their successors are qualified The persons so elected shall among themselves determine by lot which of the terms each shall have and they shall be commissioned accordingly by the Governor All terms of the judges of the Court of Appeals after the expiration of the terms aforesaid except unexpired terms shall continue six years and until their successors are qualified The times and manner of all other elections and the mode of filling a vacancy which causes an unexpired term shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court The Court of Appeals shall have jurisdiction for the trial and correction of errors in law and equity from the superior courts in all cases in which such jurisdiction is not conferred by this Constitution on the Supreme Court and from the city courts of Atlanta and Savannah and such otherlike courts as have been or may be hereafter established in other cities and in such other cases as may hereafter be prescribed by law except that where in a case pending in the Court of Appeals a question is raised as to the construction of a provision of the Constitution of this State or of the United States or as to the constitutionality of an Act of the General Assembly of this State and a decision of the question is necessary to the determination of the case the Court of Appeals shall so certify to the Supreme Court and thereupon a transcript of the record shall be transmitted to the Supreme Court which after having afforded to the parties an opportunity to be heard thereon shall instruct the Court of Appeals on the question so certified and the Court of Appeals shall be bound by the instruction so given But if by reason of an
187
equal division of opinion among the Justices of the Supreme Court no such instruction is given the Court of Appeals may decide the question The Court of Appeals may at any time certify to the Supreme Court any other question of law concerning which it desires the instruction of the Supreme Court for proper decision and thereupon the Supreme Court shall give its instruction on the question certified to it which shall be binding on the Court of Appeals in such case The manner of certifying questions to the Supreme Court by the Court of Appeals and the subsequent proceedings in regard to the same in the Supreme Court shall be as the Supreme Court shall by its rules prescribe until otherwise provided by law No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions certified by the Court of Appeals to the Supreme Court All writs of error in the Court of Appeals when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed shall be entered thereon and when received at any other time shall be entered on the docket of the next term and they shall stand for hearing at the term for which they are so entered under such rules as the Court may prescribe until otherwise provided by law The Court of Appeals shall appoint a clerk and a sheriff of the court The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law The first term of the Court of Appeals shall be held on the first Monday in January Anno Domini nineteen hundred and seven The laws relating to the Supreme Court as to qualifications and salaries of the judges the designation of other judges to preside when members of the Court are disqualified the powers duties salaries fees and terms of officers the mode of carrying cases to the Court the powers practice procedure times of sitting and costs of the Court the publication of reports of cases decided therein and in all other respects except as otherwise provided in this Constitution and until otherwise provided by law shall apply to the Court of Appeals so far as they can be made to apply The decisions of the Supreme Court shall bind the Court pf Appeals as precedents
Section 1 of Article 2 repealed and the following Section consisting of nine paragraphs inserted in lieu thereof
Paragraph 1 After the year 1908 elections by the people shall be by ballot and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law
Paragraph 2 Every male citizen of this State who is a citizen of the United States twentyone years old or upwards not laboring under any of the disabilities named in this Article and possessing the qualifications provided by it shall be an elector and entitled to register and vote at any election by the people provided that no soldier sailor or marine in the military or naval services of the United States shall acquire rights of an elector by reason of being stationed on duty in this State
Paragraph 3 To entitle a person to register and vote at any election by the people he shall have resided in the State one year next preceding the election and in the county in which he offers to vote six months next preceding the election and shall have paid all taxes which may have been required of him since the
188
adoption of the Constitution of Georgia of 1877 that he may have had an opportunity of paying agreeably to law Such payment must have been made at least six months prior to the election at which he offers to vote except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes jl
uParagraph 4 Every male citizen of this State shall be entitled to register as an elector and to vote in all elections in said State who is not disqualified under the provisions of Section 2 of Article 2 of this Constitution and who possesses the qualifications prescribed in paragraphs 2 and 3 of this Section or who will possess them at the date of the election occuring next after his registration and who in addition thereto comes within either of the classes provided lor m the five following subdivisions of this paragraph
All persons who hav6 honorably served in the land or naval forces of the United States in the Revolutionary War or in the War of 1812 or in the War with Mexico or in any War with the Indians or in the War between the States or in the War with Spain or who honorably served in the land or naval forces of the Confederate States or of the State of Georgia in the War between the States or 2 All persons lawfully descended from those embraced m the classes enumerated in the subdivision next above or
3 All persons who are of good character and understand the duties and obligations of citizenship under a Republican form of
4 All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any one of the
registrars or
5 Any person who is the owner m good faith m his own right of at least forty acres of land situated in this State upon which he resides or is the owner in good faith in his own right of property situated in this State and assessed for taxation at the value or
50000 t
Paragraph 5 The right to register under subdivisions 1 and 2 of paragraph 4 shall continue only until January 1st lyl5 But the registrars shall prepare a roster of all persons who register under subdivisions 1 and 2 of paragraph 4 and shall return the same to the clerks office of the Superior Court of their counties and the clerks of the Superior Court shall send copies of the same to the Secretary of State and it shall be the duty of these officers to record and permanently preserve these rosters Any person who has been once registered under either of the subdivisions 1 or 2 of paragraph 4 shall thereafter be permitted to vote provided he meets the requirements of paragraphs 2 and 3 of this Section
Paragraph 6 Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the five subdivisions of paragraph 4 shall have the right to take an appeal and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions All appeals must be filed in
189
writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars of the office of the clerk of the Superior Court to be tried as other appeals
Paragraph 7 Pending an appeal and until the final decision of the casethe judgment of the registrars shall remain in full force
Paragraph 8 No person shall be allowed to participate in a primary of any political party or a convention of any political party in this State who is not a qualified voter
Paragraph 9 The machinery provided by law for the registration of force October 1st 1908 shall be used to carry out the provisions of this Section except wherq inconsistent with same the legislature may change or amend the registration laws from time to time but no such change or amendment shall operate to defeat any of the provisions of this Section
See Acts of 1908 pages 27 28 29
Paragraph lof Section 3 Article 3 of the Constitution of Georgia as amended by an Act approved July 27 1904 is hereby amended by striking 183 Representatives in the said paragraph of the Constitution as amended and substituting 184 Representatives
See Acts of 1908 pages 31 and 32
Article seven 7 Section six 6 of the Constitution of said State be amended as follows towit
By adding to paragraph two 2 of said Section and Article the following words towit To pay the county police and to provide for necessary sanitation
See Acts of 1908 page 33
Paragraph 1 Section 1 Article 7 of the Constitution of this State be amended by adding at the end of said paragraph the following To make provision for the payment of pensions to any exConfederate soldier now resident of this State who enlisted in the military service of this State or who enlisted in the military service of the Confederate States during the civil war between the States of the United States and who performed actual military service in the armies of the Confederate States or the organized militia of this State and was honorably discharged therefrom and to widows now residents of this State of exConfederate soldiers who enlisted in the military service of this State or who enlisted in the military service of the Confederate States and who performed actual service in the armies of the Confederate States or of the organized militia of this State who died in said military service or was honorably discharged
Note by Compiler
The foregoing proposed amendment to the Constitution originated in the House and was passed by the Senate Aug 12 1908 The Legislature adjourned Aug 12 1908
The bill proposing said amendment has not been signed or vetoed by the Governor but the same has been filed in the office of the Secretary of State endorsed as follows No action by the Governor
See Constitution of the State Article 3 Section 7 Paragraph 23 Civil Code Section 5781 and Article 5 Section 1 Paragraphs 16 and 17 Civil Code Sections 5819 and 5820 Also Article 13 Section 1 Paragraph 1 Civil Code Section 5940
See Acts of 1908 pages 34 35 36
190
INDEX
TO THE
CONSTITUTION OF GEORGIA
TNotk References in the Index are made to the Article section a d Paragraph of the provision deferred to the original division of the instrument bemg stnctly followed
A
Absent members of Legislature attendance of compelled T
Abuse under arrest or in prison prohibited
Of liberty of speech or press responsibility for
Academy incorporated exempt from taxation
Acceptors suits against where tried
Account of Treasurer to be published quarterly
Accusation copy to be furnished defendant on demand
Acts amending or repealing must describe the law
affected
Local and private authority of
Must be signed by President of Senate and
Speaker of House
Requiring twothirds voteyeas and nays must
be recordedW
Adjournment of Legislature by less than a majority
Consent of both Houses required when
Houses failing to agree Governor may adjourn
them
Resolutions of not submitted to Governor
Ad valorem Tax on property shall be
Aged and infirm persons entitled to HomesteadM Aid of State to any religious denomination prohibited To any person or corporation by lending credit or
taking stock prohibited
To any person or corporation by donation or gratuity prohibited
Aid of County or City to person or corporation prohibited
Amendments to Appropriation and Revenue bills by
Senate
To Constitution
A s p
3 4 4
1 1 9
1 1 15
7 2 2
6 16 5
3 7 11
1 1 5
3 7 17
12 1 4
3 7 13
3 7 21
3 4 4
3 7 24
3 7 24
5 1 17
7 2 1
9 1 1
1 1 14
7 5 1
7 16 1
7 6 1
3 7 10
13 1 1
191
7man
AmendmentsContinued
a s p
To statute or code form of amendment act 3 7 17
Animals special tax may be imposed on vicious ones 7 2 1
Appeal from one jury to another in Superior and City
Courts 6 4 6
From Ordinary to Superior Court 6 6 1
From Justice of the Peace to Jury or Superior
Court 6 7 2
Appellate Jurisdiction of the Superior Court 6 4 4
Appointment of Legislator to another office prohi
bited 347
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 and 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 BillsL 5 1 16
Of Governor to Resolutions and Orders 5 1 17
Arms right of citizens to bearmanner of bearing 1 1 22
Army of the State Governor is Commander of 5 1 11
Ayrest abuse under prohibited 1 1 9
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 or 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 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 14
Right of Defendant in criminal cases to have 11 5
General election of 6 10 1
General duties 6 10 2
192
AttorneyContinued
A 8 P
General salary li 6 13 1
General qualifications 6 14 1
Authority of Constitution treaties laws judgments
etc 12 1 j
B
Bail shall not be excessive 11 9
Ballot election by the people shall be by 2 11
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
twothirds 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 6 2 3
Of State declared void not to be paid or submitted to suit Siei 7 11 1
Of Western Atlantic Railroad paid by proceeds
of Road 7 13 1
Boundaries of counties toremain as now till changed
by law 11 1 1
Bribery Conviction of disqualifies for office or voting 2 2 1
Bridges established by the Courts not Legislature 3 7 18
Bridges Ordinarys jurisdiction in matter of 6 6 2
Bridges taxation by county to keep up 7 6 2
Borrowing money by State laws for must specify
purpose 7 4 1
193
A S P
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 2
C
Canal Companies may be incorporated by Legislature 3 7 18
Capital location of ordinance concerning 12 1 8
Capitol site for may be donated to the State 7 6 1
Censure of members of Legislature for misconduct 3 7 1
Certiorari writs of may be issued by Judge Superior
Court 6 4 5
Challenge of voter oath to be administered 2 12
Conviction of sending or accepting disqualifies
foroffice 2 4 2
Charitable institutions public exempt from taxation 7 2 2
Public aid from county or city t 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
CourtsS 3 7 18
Church not to receive money from the State 1 1 14
Citizens of the State who are and right to protection 1 1 25
if 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 i
Civil authority superior to the military 1 1 19
Cases where tried 6 16 6
Cases judgment by Court without Jury when 6 4 7
Cases venue how changed 6 17 1
Jurisdiction of Superior Court 6 4 3
Jurisdiction of JusticesCourt 6 7 2
Clerical expenses of Treasurer Secretary of State and
ComptrollerGeneral5 22 34
194
A 3 P
Clerk of House of Representatives Compensation and
Bond of i 3 8 1
Clerks of the Governor 5 1 19
Code sections not amended or repealed by reference to
numbers5 3 7 17
Colleges exempt from taxation 7 2 2
For colored pupils 8 6 1
Colored pupils College for 8 6 1
Colored and white Public Schools to be separate 8 11
Commissioner of Schools appointed and salary of 8 2 1
Commissioners of county affairs authorized 6 19 1
Commissioners of county affairs authorized 11 3 1
Committee on Local and Special bills 3 7 5
Common Law Courts may be clothed with equity jurisdiction 1 6 5 2
Common School systemsee Education 8 1 1
Commutation power in the Governor 5 1 12
Tax for military services goes to Schools 8 3 1
Companies incorporation of 3 7 18
Volunteer military organization of v 10 1 2
Compensation for private ways and public use of
property13 1
Of Clerk of House and Secretary of Senate 3 8 1
Of Jurors how fixed l 6 18
Extra not be granted officers or contractors 7 16 2
Competition arrangements by corporations to defeat
void 4 2 4
ComptrollerGeneral must license Life Insurance
Companies 3 12 2
Supervise deposits of Life Insurance Companies 3 12 3
Officer of Executive Department 5 11
Examination suspension and discharge of 5 1 18
Election of 5 2 1
Salary and Clerkshire 5 2 4
Eligibility and Bond of 5 2 6
Perquisites not allowed to 5 2 7
Must report to Governor 7 15 1
Confederate Soldiers pensions for 7 1 1
Public debt not to be paid T 7 11 1
Conscience right of not to be controlled 1 1 12
Liberty of does not excuse licentiousnesst 1 1 13
Consent of parties to vary general law in individual
cases14 1
City to building Street Railroads within its
limitsim3 7 20
195
A S P
Constitution of Georgia may be altered or abolished by
the people r 15 1
Authority of 12 1 2
Amendments ofI 13 1 1
Amendments by Convention1 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 of12 1 1
Constitutional Convention provisions to call 13 1 2
Construction of Constitution not to deny rights not
enumerated 15 5
Contempt limitation of Courts power to punish for 1 1 20
Either House of General Assembly may punish for 3 7 2
Contested Election for Governor 5 1 6
Contracts laws impairing obligation of void 13 2
By Government releasing power to tax void 4 11
By Government heretofore made not impaired 4 2 6
Between corporations defeat competition void 424
Judgments on without verdict when 6 4 7
Jurisdiction of JusticesCourts in cases of 6 7 2
Contractor not to receive extra compensation from
GovernmentI 7 16 2
Conventionsee Constitutional Convention and Ordinances
Conviction costs not to be exacted of defendant until 1 1 10
Does not work corruption or forfeiture 12 3
Of certain offenses disfranchises 2 2 1
Impeachment vote necessary 3 5 4
Dueling disqualifies for office 2 4 2
Copartners suits against where tired 6 16 4
Coroners County Tax to pay 7 6 2
Corporate powers what may be granted by Legislature 3 7 18
Corporators not to be damaged by revocation of
charter 13 3
Corporations subject to police power and eminent
domain 4 2 2
Legislation in favor of conditional 4 2 3
Acts ofvto defeat competition and monopolize
voidO 4 2 4
Right to tax not to be released1 7 2 5
State not to take stock in aid or lend credit to 7 5 1
County or City not to take stock in aid or lend
credit to 7 6 1
Donations to from State prohibited 7 16 1
196
C orp orationsContinued
a s P
Authority of rights already accrued to 12 1 5
Municipalsee City
Costs not pay able by defendant till conviction jl 1 10
In Supreme Court 6 21 1
County Commissioners may be createdJ 6 19 1
11 3 1
Debt to be incurred by limitedL 7 7 1
Debt not to be assumed by State r 7 8 1
Debt bonded provisions for meeting 7 7 2
Not to aid or take stock in Corporation 7 6 1
Public Schools may be maintained by 8 4 1
Matters Ordinarys jurisdiction 6 6 2
Officers election term qualification and removal 11 2 1
Officers and tribunals to be uniform in the State 11 3 1
Is a body corporate suits of and boundaries 11 1 1
New one not to be created H 1 2
Lines and site how changed 11 1 34
Merger ofx 11 1 5
Special acts authority of 12 1 4
Corruption of blood not worked by conviction 1 2 3
Courts power to punish for contempt limited 1 120
Power in matters denied to Legislature 3 7 18
Of the State 6 1 1
Not mentioned in Constitution may be abolished 6 20 7
Of Common Law may be vested with equity
jurisdiction 6 4 2
Of same grade throughout State must be uniformA 6 9 1
Courts tax to pay expenses of r 7 6 2
Jurisdiction against Homestead denied 9 2 1
Authority of judgments and decrees of 12 1 5
Existing judgments afid decrees of ratifiedgf 12 1 6
See also Supreme Superior City and Justice Courts
Credit of State not to be pledged to Corporations or
persons 7 5 1
Creditors law to be provided for reaching concealed
property of debtor 1 2 6
Not to be damaged by revocation of Charter 13 3
Crime conviction in what cases disfranchises 2 2 1
Lobbying declared to be 1 55
Criminal cases Jury judges of law and fact 1 2 1
Judge may grant new trial on conviction 1 2 1
197
Criminal CasesContinued
Jurisdiction of Superior Court A 6 s 4 p 1
Rights of defendant in 1 1 5
Where tried 6 16 6
Venue when changed D Damages jurisdiction of Justices Courts in cases of 6 17 1
6 7 1
Death of Governor vacancy how filled 5 1 8
Officer vacancy how filled 5 1 14
Debate liability of Legislators for words spoken in 3 7 3
Debts Public taxation to pay 7 1 1
Public new debt contracted to pay 7 3 1
Power of State to contract restricted 7 3 1
Of County taxation to pay 7 6 2
Power of City or County to contract restricted To be incurred by City only on authority of City 7 7 1
Government 7 10 1
Of County or City not to be assumed by State Void and Confederate against State not to be 7 8 1
paid 7 11 1
Debtor Concealing Property provisions against 1 2 6
May waive Homestead 9 3 1
May waive Exemptions of the old Code 9 5 1
Decrees of Court authority and ratification of Defaulters of public moneys disqualified for Legisla 12 1 56
ture 3 4 7
Defend or prosecute in person or by attorney right to Defense under oath not filed Court to render judg 1 1 4
ment when 6 4 7
Of State debts may be contracted for 7 3 1
Deficiency of Revenue in State supplied by borrowing Of Revenue in City and County supplied by bor 7 3 1
rowing 7 7 1
Deposit required of Insurance Companies Of public funds Treasurer to receive no profit 3 12
from 5 2 5
Disabilities may be removed by Governor 5 1 12
Discrimination in Tariff by Railroad regulated 4 2 r
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 Duelists 2 4 2
For Legislature and of legislator to other office 198 3 4 7
DisqualificationContinued
A S
Resulting from impeachment 3 5
Of Judge of Supreme Court who presides 6 2
Judge of Superior Court who presides 6 4
Judge of Superior Court when there is a City
Judge 6 5
Of interested Judge in bond cases 6 2
Districts Senatorial number composition and chang
of 3 21
Divorce exclusive jurisdiction in Superior Court 6 4
First and second verdicts in cases of 6 15
Suits where tried 6 16
Pomestic animals of vicious nature special tax on 7 2
Animals tax on goes to educational purposes 8 1
Donations by State prohibited 7 16
By State to University allowed 8 6
Drawer and Acceptor suits against where tried 6 16
Dueling conviction of disqualifies for office 2 4
Education Common School System established 8 1
Commissionerof Public Schools 8 2
Confined to English in local public schools 7 6
Confined to English in State public schools 8 1
Poll Tax for purposes of 7 2
Special Tax for purposes of 8 3
Taxation for purposes of by State 7 1
Taxation for purposes of by City or County 7 6
Appropriationsfor purposes of by City or County 7 6
Election by the people shall be by ballot 2 1
By the Legislature shall be viva voce 3 10
Days furnishing Liquor on prohibited 2 5
Privilege of Electors while attending 2 3
Precincts changed by Courts not Legislature 3 7
Returns where made 2 6
Of members General Assembly 3 4
Members General Assembly each house to judge
of 3 7
President of the Senate J 3 5
Speaker of the House of Representatives 3 6
Governor 1 5 1
Governor returns how made 5 1
Returns opened and published 5 1
Governor by General Assembly 5 1
Contested 5 1
p
5
2
9
1
3
23
1
12
1
1
1
1
1
5
1
l
2
1
3
1
1
2
1
1
1
1
1
18
1
2
1
2
2
3
4
5
5
6
199
ElectionContinued
a s P
Special Zr 519
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 of Superior CourtitlC 6 3 2
Judges Supreme Superior Courts and SolGenl 6 12 1
Justices of the Peace 673
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 1 2
Registration of may be provided for 2 2 1
Privileges of while attending elections 2 3 1
Embezzlement of public funds disfranchises 2 2
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 Rights not to be infringed by Corporations 4 2 1
Equity Cases where tried 6 16 3
Jurisdiction is in Superior Court 6 4 1
Jurisdiction may be conferred on Common Law
Courtsg 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 12 3
Excessive Bail and Fines forbidden 119
Executive Legislative and Judicial Departments are
distinct 1 1 23
Department officers ofI 5 11
Department officers of report suspension and removal of 5 1 18
Powers vested in Governor 5 1 2
Exemption from Taxation and void Exemption 7 22 45
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
200
ExemptionContinued
a s P
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 18
Of Clerks of Secretary of State Comptroller
General and Treasurer 5 22 34
Ex Post Facto Law not to be passed 1 3 2
Express Companies chartered by Legislature 3 7 18
Expulsion of Member of General Assembly for misconduct 7 1
Extra session of Legislature before November 1st
18781 3 4 3
Session of Legislature may be called by Governor 5 113
Compensation not to be allowed by Government 7 16 2
F
Family 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 Home
steadli llii 9 1 1
Ferries established by Courts not Legislature 3 7 18
Ordinarys jurisdiction concerning 6 6 2
Fines imposed must not be excessive1 119
Imposed on member of Legislature for misconduct 3 7 1
Fire Insurance Companies deposit required of 3 12 4
Foreign Power Governor to receive no Emolument
from J 5 12
Forfeiture of Estate not brought about by conviction 1 2 3
Of Recognizance relieved against when 3 7 19
Of Charter remitted only on conditions 4 2 3
Fraud Legislature may provide Punishment for 12 6
Judgmentsattacked for 12 1 5
Free Schoolssee Education 8 11
Freight on Railroads subject to regulation by lawi 4 2 1
Rebate not allowed nor deceit as to amount
charged 1WsM 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 of7 9 1
Sinking provided for 7 14 1
201
GENERAL ASSEMBLY
Consisting of Senate and House is the Legislative
powery
Members of elected for two years
Election when held
Election returns where made
Attendance of required
Oath of
Who are disqualified to be
Disqualified for certain other offices
Not to profit from use of public fundsk
Not to be interested in public printing
Seats of vacated by removal
Punished for misconduct in each House
Privileges ofk
Per diem and mileage of i
Majority of all necessary to passage of bill
Officers of who are
Quorum of to transact business
Adjournment by less than a quorum
Adjournment for more than three days etc
Elections by shall be viva voce
Of Judges of Supreme Court by 1st election Of Judges of Superior Court by 1st election Of Judges of Supreme and Superior Courts and
SolicitorsGeneral
Of Governor by when
Of Governor contested determined by
May pardon commute of reprieve for treason
May direct affixing of the Great Seal
Sessions of are annual
Of limited to 50 days
Of extra may be called by Governor
Of joint held in Representative Hall
Each House of may compel attendance of members Is judge of electn and qualificatn of its membrs
May punish for misconduct
Must keep a Journal
Has general power of legislation
HAS POWER BY LAW TO
Provide punishment for fraudjp
For registration of voters
For remoyal Secretary of State Comptroller
A s p
3 1 1 1
3 4 1
3 4 2
2 6 1
3 4 4
3 4 5
3 4 7
3 4 7
7 9 1
7 17 1
3 4 8
3 7 1
3 7 3
3 9 1
3 7 14
3 8 1
3 4 4
3 4 4
3 7 24
3 10 1
6 2 4
6 3 2
6 12 1
5 1 5
5 1 6
5 1 12
5 3 1
3 4 3
3 4 6
5 1 13
3 10 1
3 4 4
3 7 1
3 7 12
3 7 4
3 7 22
1 2 6
2 2 1
202
General AssemblyContinued
General and Treasurer
For appeals in Superior and City Courts
For appointments of Judge pro hac vice
Commissioners for county affairs1r
For organizing the Militia
Prescribe manner of bearing arms
Number of Jurors in Inferior Courts
Who shall vote on School questions
Change Senatorial Districts when
Apportionment of Representatives
Governors Salary by twothirds vote
Salaries of Judges Attorneys and Solicitors
General
Substitute another officer for School Commissioner
Establish Courts
Abolish Courts not named in Constitution
Confer Equity jurisdiction on Common Law Courts
Authorize formation of Volunteer Companies
Require Fire Insurance Companies to make deposit
Subject corporate property to public use when
Sell States property
Make donations to University of Georgia
Make donations to College for colored people
Amend Constitution in manner provided
Call Constitutional Convention as provided
SHALL BY LAW
Limit power of Courts to punish for Contempt
Protect citizens in their rights
Provide penalty against Lottery Agents
Provide penalty against Lobbying
Prohibit furnishing Liquor on election days
Provide penalty against Treasurer receiving unlawful fee
Provide for reaching concealed property of Debtor Compel Insurance Companies to report to Governor
Regulate Freight and Passenger tariff
Enforce provisions against monopolies etc
Establish uniformity in local tribunalsT
Provide for selection and compensation of jurors
A Sinking Fund
For letting Public Printing to highest bidder
Setting apart and valuation of Homestead
For appeals in Superior and City Courts
A s p
5 1 18
6 4 6
6 4 9
6 19 1
10 1 1
1 1 22
6 18 1
S 4 1
3 2 3
3 3 2
5 1 2
6 13 2
8 2 1
6 1 1
6 20 2
6 4 2
10 1 2
3 12 4
4 2 1
7 13 1
8 6 1
8 6 1
13 1 1
13 1 2
1 1 20
1 1 25
1 2 4
1 2 5
3 5 1
5 2 5
1 2 6
3 12 5
4 2 1
4 2 7
6 9 1
6 18 23
7 14 1
7 17 1
9 4 1
6 4 6
203
General assemblyContinued a s p
SHALL NOT PASS ANT LAW
To restrain or curtail liberty of speech or press l 1 15
Respecting social status of citizens l 1 18
Of Attainder ex post facto impairing contracts l 3 2
Making irrevocable grants of special privileges l 3 2
To revoke grants to injury of creditors or corporators l 3 3
Of special nature when general law provides l 4 1
Varying general law affecting private rights without
consent l 4 1
In violation of Constitution of Georgia or the United
States l 4 2
Referring to more than one matter or different from title 3 7 8
Incorporating companies except for 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 I i
Authorizing one corporation to buy stock in another County or City to aid persons or corporations 7 6 i
Payment of void bonds or Confederate debts 7 11 i
Granting donation or gratuity to persons or Corpo
rations 7 16 i
Extra compensation to officer or contractors 7 16 2
See Tax
God may be worshipped according to dictates of conscience 1 1 121
Governor an officer of the Executive Department 5 1 1
Executive powers vested in 5 1 2
Salary term and limitations of terms of office 5 1 2
Election installation and terms of election of 5 1 14
Of by the Legislature when 5 1 5
Qualification and oath of 5 1710
Death resignation or disability of 5 1 8
Secretary 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 the Legislature s 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
204
Governorcontinued
a s P
Shall order elections to fill vacancies in Legislaturei 5 1 13
Fill vacancies in other offices 5 1 14
Offices of Judges and SolicitorsGeneral 6 12 1
Appoint State School Commissioner 8 2 1
Judge to preside in Supreme Court when 6 2 2
Commission Notaries Public exofficio Justices of
Peace 6 8 1
Examine and Publish Report of Comptroller and
Treasurer 31 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 Legisla
turejpj 5 1 17
Supervision over Executive officers5 1 18
Government originates with people duty of 1 1 12
Exclusive right of the people to regulate 1 5 1
Legislative Executive and Judicial Departments
distinct 1 1 23
Support of by taxation 7 11
Grants limiting power to tax void1 4 11
Irrevocable of special privileges void 13 2
Not to be revoked so as to work injustice 1 3 3
Great Seal of the State use and device of 5 3 1
Guardian of minors entitled to Homestead 9 1 1
H
Habeas Corpus Writ shall not be suspended 1 1 11
Head of family entitled to Homestead 9 1 1
Homestead and Exemption to whom allowed and
amount of 9 1 1
Not subject to levy and sale 9 2 1
Waiver and sale of 9 3 1
Setting apart of to be provided for9 4 1
Supplementalul 9 6 1
Already allowed good against old debts3 9 7 1
Ordinance effect of 12 1 8
Of 1868 sales of confirmed 9 8 1
Of 1868 sales and reinvestments of 991
Under DebtorsAct not repealed 9 4 1
Under DebtorsAct 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 19
Of Representativessee Representatives
205
Household furniture waiver of exemption on
Husbands debts wifes property not liable for
I
Idiots disqualified to vote or hold office
Immunities special not to be irrevocably granted
Not to be revoked so as to work injustice
Impeachment power in House of Representatives
Power to tryin the Senate
Chief Justice to preside at trial of
Vote necessary to convict
Effect of conviction St
Governor cannot pardon in case of
Imprisonment abuse under forbidden
For debt prohibited
For misbehavior in presence of Legislature
Improvement on Homestead is part of
Indictment copy to be furnished defendant on demand
Inferior Judicatories errors of corrected by Certiorari
Infirm persons entitled to Homestead
Inherent rights not enumerated and not denied
Insane persons not entitled to vote or hold office
Inspection by Governor of Executive Offices
Installation of Governor
Insurance Department expense of
Companies to make reports to Governor
Chartered by Legislature
Fire deposit made with Treasury
Foreign and Home Life deposits required Foreign Life ComptrollerGeneral to license Interest on Public Debt taxation authorized to payintoxicating drinks not to be furnished on election
days
Insurrection and invasion in time of Bills may pass
summarily1
Tax to suppress
Bonded debt incurred to suppress
Debts contracted to suppress
Contracted by city or county to suppress assumed by StateL
Invasionsee Insurrection
Investment of funds raised by sale of homestead
Irrevocable grants of special privileges void
J
Jeopardy more than once for same offense prohibited
206
A s p
9 3 1
3 11 1
2 2 1
1 3 2
1 3 3
3 6 3
3 5 3
3 5 4
3 5 4
3 5 5
5 1 12
1 1 9
1 1 21
3 7 12
9 2 1
1 1 5
6 4 5
9 1 1
1 5 2
2 2 1
5 1 18
5 1 3
5 2 4
3 12 5
3 7 18
3 12 4
3 12 13
3 12 2
7 1 1
2 5 1
3 7 7
7 1 1
7 12 1
7 3 1
7 8 1
9 3 1
1 3 2
1 1 8
A S F
Joint obligors suit against where triedr 6 16 4
Owner in property State shall not become 7 6 1
Journal each Hquse of the General Assembly shall
keepT1 fjj
Original preserved in the office of Secretary of
State
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 3
Pro hac vice Legislature may authorize 6 4 9
May grant new trials in cases of conviction 1 2 1
See Supreme Superior and City Courts
Judicial Legislative and Executive Departments distinct i 1 1 23
Powers of the State where vested6 1 1
Judiciary to declare unconstitutional acts void 14 2
Judgment of Impeachment extent of 3 5 5
Of Supreme Court may be withheld one termi 6 2 7
Without verdict of Jury whenl 6 4 7
Of Courts authority of 12 1 5
Heretofore rendered ratified 12 1 6
Jurisdiction of Supreme Court 6 2 6
Of Superior Court 6 1
Of Superior Court appellate 6 4 4
Of Ordinary 7 6 6 1
Of Ordinary County mattersJ 6 6 2
Of Justices of the Peace 6 7 2
Against Homesteads denied 9 2 1
Jury right of trial by an impartial 1 1 6
Right of trial by Guaranteed 6 18 1
Judges of law and fact in criminal cases 1 2 1
Appeal from one to another in Superior and City
Courts 6 4 6
From Justice of the Peace to 6
207
JuryContinued
a s p
Grand to recommend Commissioned Notary for
appointmentj 6 8 1
Grand and Traverse selection and qualification of 6 18 2
Compensation of how fixed 6 18 3
Tax by county to pay7 6 2
Justice of the Peace may be member of Legislature 3 4 7
Part of Judiciary 6 1 1
Election Commission and removal of6 7 3
Term of 6 7 1
Jurisdiction Sessions and Appeals6 7 2
Ex Officio 6 8 1
K
Kitchen furniture waiver of exemption off 9 3 l
L
Labor done on Homestead Homestead is liable for 9 2 1
Land cases involving title to brought in Superior
Court 6 4 1
Cases involving title to tried at what place 6 16 2
Homestead and Exemption on 9 11
Larceny conviction of disfranchises1 2 2 1
Law due process of required to affect rights of persons 1 1 3
Laws of general nature must have uniform operation 14 1
Of general nature affecting private rights how
varied 1 4 1
Unconstitutional are void 1 4 2
For more than one matter or different from title
void 3 7 8
Majority vote of all members necessary to pass 3 7 14
For tax shall be general 7 2 1
Not repealed or amended by reference to title
alone1 3 7 17
For borrowing money must be specific 7 4 1
To change County lines must be a general law 11 1 3
Of general operation 12
Of United States authority of 12 1 1
Of Georgia authority of 12 1 3
Local and special authority of 12 1 4
See Local also General Assembly
Learning Sertiinaries of exempt from taxation 7 2 2
Legislative power is in the General Assembly 3 1 1
Executive and Judicial Departments distinct 1 1 23
LegislatureSee General Assembly
Legitimate Children power in Courts 3 7 18
208
A S
Levy and Sale exemptions from 9 1
Libels in prosecutions for truth may be given in evidence 1 2
Liberty person to be deprived of only by due process
of law 1 1
Not to be jeopardized but once for same offense 1 1
Of Conscience not to be controlled 1 1
Of speech or press not to be curtailed 1 1
Libraries Public may be exempt from taxation 7 2
Licentiousness not excused on account of liberty of
Conscience 1 1
Life person not to be deprived of but by due process
of lawu 1 1
Not to be jeopardized but once for same offense 1 1
Crimes involving jurisdiction in Superior Court 6 4
See Insurance
Lines of County to be changed under operation of general law 11 1
Liquor special tax on for Educational purposes 8 3
Not to be furnished on Election days 2 5
List of witnesses to be furnished defendant on demand 1 1
Litigation tax by County to pay expenses of 7 6
Literary Associations may be exempt from taxation 7 2
Loans to State for casual deficiencies of revenue 7 3
County or City for casual deficiencies of revenue 7 7
Of Sinking Fund by Governor and Treasurer 7 14
Lobbying is a crime Legislature must provide a
penalty 1 2
Publication of before passed 3 7
Acts authority of1 12 1
School Systems existing not affected hereby 8 5
Lottery Tickets sale of prohibited 1 2
M
Macon and Brunswick Railroad if sold proceeds where
applied in 7 13
Majority of each branch of Legislature constitute quorum 3 4
Of all members of each House necessary to pass
bill 3 7
Malfeasance in office disfranchises 2 2
Malpractice in office by Justice of the Peace removal
for aI 6 7
p
1
1
3
12
15
2
13
3
8
1
3
1
1
5
2
2
1
1
1
5
16
4
1
4
1
4
14
l
3
209
A S
Mandamus issued by Judge of Superior Court 6 4
Marriage does not divest wife of her property 3 11
Material furnished Homestead it is liable for 9 2
Matter different from title not to be contained in bill 3 7
Members of General Assemblysee General Assembly
Merger of countiesn i
Message of Governor L 5 l
Mileage of the members of the General Assembly 3 9
Military authority subordinate to Civil 1 1
Commission except in Militia disqualifies for Legislature 3 4
Service commutation for goes to Public Schools 8 3
Companies Volunteer organizationst 10 1
Companies Volunteer paid only when called by
State 10 1
Militia officers maybe members of Legislature 3 4
Governor is commanderinchief of 5 1
District one Justice of the Peace for each 6 7
District one commissioned Notary for each 6 8
Organization of may be provided for 10 1
Paid only when called out by State 10 1
Minors family of entitled to Homestead 9 1
Ministerial officer not to levy on Homestead 9 2
Misconduct of member of Legislature how punished 3 7
Mistrial in criminal cases authorizes a second trial 1 1
Money not to be donated by State to any church etc 1 1
Illegal holders of public disqualified for office 2 4
Public defaulters of disqualified for Legislature S 3 4
Authority and manner of drawing from Treasury 3 7
Borrowed by State laws for and use of Il 7 4
Monopoly provisions against 4 2
Municipal Corporationsee City
N
Names of children changed by Courts 3 7
Navigation Companies chartered by Legislature 3 7
Navy of State Governor is Commander of 5 1
New trial in criminal cases authorizes second trial 1 1
In criminal cases may be granted on conviction 1 2
May be granted by Superior and City Court6 4
Counties not to be formed 11 1
Notaries Public commissioned part of Judiciary 6 1
Appointment commission and powers 6 8
Novation of charter what shall so operate 4 2
210
p
5
1
8
5
13
1
19
7
1
2
3
7
11
1
1
1
3
1
1
1
8
14
1
7
11
1
4
18
18
11
8
1
6
2
1
1
3
o
A S P
Oath of voter if challenged 2 12
Of member of General Assembly3 4 5
Of Governor 5 1 10
To pleas 6 4 7
Obligation of contracts not to be impaired by law 1 3 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
fork 7 9 1
Conviction of Dueling disqualifies for 2 4 2
Religious opinion does not disqualify for 1 1 13
In gift of Governor or Legislature legislator disqualified for1 3 4 7
Malfeasance in disfranchises 22 1
Officers are trustees of the people and amenable to
them 11 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 are1 5 1 1
Of Executive Department 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 Homestead1 9 2 1
Of County election removal and disqualification
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 ap
proval 5 1 17
Ordinances rejected not to be again proposed unless by
twothirds vote 3 7 13
Must have but one subjectmatter and same as
title 3 7 8
Of the Convention authority of 12 1 3
Of the Convention to have effect of laws 12 1 8
See Ordinances in Appendix
211
A S
Ordinary Courts of parts of Judiciary 6 1
Courts of jurisdiction of 6 6
Term of office 6 6
Origin of Government is with the people 1 1
P
Papers secure from search and seizure except as provided1 1 1
Pardon removes political disabilities of convict 2 2
Of Duelists removes political disabilities of
convict 2 4
Power in Governor must report to the Legislature 5 1
Passage of bills readings necessary 3 7
Of Bills majority of all members necessary 3 7
Passenger Tariffrestriction on 4 2
Paupers jurisdiction of Ordinary 6 6
Affidavit relieves from costs in Supreme Court 6
Tax for support of 7 6
Paysee Compensation Salary
Peace soldiers not to be quartered in houses in time of 1 1
Governor is conservator of 5 1
Penitentiary crimes punishable in to be tried in Superior Court 6 4
Per diem of members of the Legislature 3 9
Perquisites not allowed officers Executive Department 5 2
Not allowed AttorneyGeneralI 6 13
From use of public funds by officers punishable 7 9
Persons and property to be protected by Government 1 1
Not to be molested for religious opinionsi 1 1
Rights not to be affected but by due process of
lawj 1 l
May prosecute or defend in person or by attorney 1 1
Charged with offenses rights of 1 1
Life or liberty not to be jeopardized but once for
same crime 1 l
Houses and papers secure from illegal search 1 1
Personalty amount of exemption of from levy and
sale 9 l
Petitions and remonstrance right of guaranteed 1 1
Pleas under oath in certain cases required 6 4
Police of the State right of people to regulate 1 5
Power not abridged in favor of corporations 4 2
Policyholders in life Insurance Companies protected 3 12
Poll tax not to exceed one dollar 7 2
Goes to educational purposes 8 3
212
p
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l
3
1
16
1
2
12
7
14
15
2
19
12
1
1
7
1
1
2
13
3
4
5
8
16
1
24
7
2
13
3
1
A S
Practice in courts of same grade to be uniform 6 9
Precincts for elections how changed 3 7
President of Senate elected by Senate viva voce 3 5
Must sign acts 3 7
Per diem 3 9
Presides in joint session 3 10
Acts as Governor when 5 1
Press liberty of not to be curtailed 1 1
Printing public to be let to lowest bidder 7 17
Prisoners not to be abused 1 1
Tax for support of by counties 7 6
Private ways to be allowed only on compensation paid 1 3
Acts authority of 12 1
Rights accrued bylaw authority of 12 1
Privileges special not to be irrevocably granted 1 3
Special not be revoked so as to do injustice 1 3
Probate jurisdiction in Ordinary 6 6
Proceedings of Legislature to be kept in journals 3 7
Of courts of same grade to be uniform 6 9
Process of law necessary to affect persons in their
rightsi 1 1
Proclamation of Governor calling extra session 5 1
Of Governor on ratification of Constitution 13 2
Prohibition writs of issued by Judge of Superior
Court i 6 4
Prolongation of Legislative session by twothirds vote 3 4
Resolutions not submitted to Governor 3 7
Promissory notes suits on where tried 6 16
Property of person not to be molested for religious
opinions 1 1
Protection to shall be impartial and complete 1 1
Not taken for public use without compensation 1 3
Concealed by debtor to be reached by law 1 2
Of wife not subject to husbands debts 3 11
List of exempt from tax i 7 2
Amount of exempt from levy and sale 9 1
Protection to person and property paramount duty of
Government j 1 1
Prosecution rights of defendants in cases of 1 1
Provision waiver of exemption of restricted i 9 3
Public Funds embezzlement of disfranchises 2 2
Officer not to receive profit from use of 7 9
Treasurer not to receive profit from use of 5 2
See Money
p
1
11
8
13
3
1
1
18
5
9
2
1
4
5
2
3
1
4
1
3
13
2
5
6
23
5
13
2
1
6
1
2
1
2
5
1
1
1
5
213
9
Public use of private property without compensation A s p
prohibited 1 3 1
Buildings jurisdiction of Ordinary 6 6 2
Buildings tax by county for authorized 7 6 2
Debt and institutions tax for Property charitable institutions and libraries ex 7 1 i
empt from tax 7 2 2
Printing let to lowest bidder Printing officers of Government not to be inter 7 17 1
ested in 7 17 1
School systemsee Education Publication of ones sentiments right of not to be cur 8 1 1
tailed 1 1 15
Journal of General Assembly 3 7 4
Receipts and disbursements of Treasury 3 7 11
Intention to introduce Local Bills Reports of Secretary of State Comptroller and 3 7 15
Treasurer 7 15 1
Proposed amendment to Constitution Punishment for crime by whipping or banishment pro 13 1 1
hibited 1 1
For contempt by Courts limited 1 1 20
Not to be cruel or unusual 1 1 9
Purchase of State Bonds with sinking fund 7 14 1
Money homestead liable for 9 2 1
Purchaser of old Homestead how affected Q Qualification for Governor 9 8 1
5 1 7
For Senator 2 5 1
For Representative 3 6 1
Each House to judge of as to its own members 3 7 1
Of Secretary of State Comptroller and Treasurer Judges Supreme and Superior Courts Solicitor 5 2 6
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 R Railroad maybe incorporated by Legislature 6 2 1
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 publieras to rates See Corporations 4 2 5
214
Rates of freight and passage subject to legislation
Public not to be deceived as to amount charged
Realty Homestead of T
Rebate of rates charged by Railroad not allowed Recognizance when Legislature may relieve from forfeiture ofi
Reelection Governor not eligible for four years after
two terms
Registration of Electors may be required by law
Denomination not to receive money from State
Of forfeited Charter only on conditions
Remonstrance and petition right of guaranteed
Removal of legislator from district vacates his seat
Of disabilities in power of Governor
Of Secretary of State Comptroller and Treasurer
From office
Of Treasurer and Comptroller to the Governor
Representatives election and term of
Qualification of
House of part of General Assembly
Number andApportionment of members of
Apportionment how changed
Representatives House of Speaker of how elected
Journal ofsee Journal
Representation of Constitutional Convention appor
Resolutions of Appropriation must be passed by yeas
A s P
t 3 m 20
4 2 1
4 2 5
9 1 1
4 2 5
3 7 19
5 1 2
2 2 1
5 1 15
3 7 13
by 1 1 13
1 1 14
7 2 2
5 1 12
4 2 3
1 1 24
3 4 8
5 1 12
5 1 18
6 7 3
11 2 1
3 5 5
3 7 17
3 12 5
7 15 1
3 4 12
3 6 1
3 1 1
3 3 1
3 3 2
3 6 2
3 8 1
3 6 3
3 7 15
i 3 7 10
13 1 2
5 1 12
2 1 2
5 1 8
3 7 12
215
ResolutionsContinued
Requiring Governors approval
Requiring a twothirds vote yeas and nays must
be recorded
Having effect of law result of rejection
Retroactive legislation prohibited
Returns of election of Legislators each House to judge
for itself i
To whom made
Of Governor how made
Of Governor how published2
Of Secretary of State Comptroller and Treasurer
On Ratification of Constitution
Revenue bills must originate in House of Representatives j
Deficiencies of in State supplied by loans1
Deficiencies of in County or City
And roads County Commissioners fort
Rights not enumerated are not denied
Roads jurisdiction in Ordinary
Tax for keeping up by County
And revenue County Commissioners for
A s p
5 1 17
3 7 21
3 7 13
1 3 3
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
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 SolicitorsGeneral
Of Judges of Supreme and Superior Courts how
changed
Of State School Commissioner
Sale of States property proceeds to go to public debt
Exemptions from
Of Homesteads how affected
Of old Homesteads 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
2 1 2
5 1 2
5 223 4
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
216
A S P
Seal Great use and design of 5 8 1
Search of persons houses and papers warrant for 1 1 18
Seconds in Duel on conviction disqualified for office 2 4 2
Secretary of State returns of election to be made to 2 1 9
Officer of Executive Department 5 11
Election of 5 2 1
Salary and Clerk hire of 5 2 3
Eligibility and Bond of 5 2 6
Perquisites to forbidden 5 2 7
Is keeper of Great Seal 5 3 1
Senate compensation and bond of 3 8 1
Governor compensation of 5 1 19
Securities on forfeited recognizances when relieved 3 7 19
Seizure of persons and papers provisions against 1 1 16
Seminaries of learning may be exempt from tax 7 2 2
Senate is a branch of General Assembly 311
Consists of 44 membersjjL 3 2 1
May propose amendments to appropriation and
revenue billsj 3 7 jq
Impeachments to be tried before 3 5 3
Senate nomination rejected by effect of 5 1 15
President and Secretary ofSee President and Secretary
Senatorial Districts number composition and change
fWjjfj 3 2 123
Senators number not to be increased 3 2 3
Election and term of 3 4 12
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 4 47
Social status of citizens not subject of legislation 1 1 18
217
Soldiers not to be quartered in private houses except
when
Of U S not to vote on account of being stationed
here
Artificial limbs for maimed Confederates
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 law
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
prohibited
State aid by donation prohibited
To religious donation prohibited
Printer office abolished
State School Commissioner election and term
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 Ordinary to
Appeal from Justices to
Sessions of
A s p
1 1 19
2 1 2
7 1 1
6 11 12
6 12 1
6 13 1
6 14 1
3 6 2
3 7 13
3 9 1
J5 1 8
1 4 1
1 4 1
4 2 3
5 1 9
1 1 15
7 5 1
7 16 1
1 1 14
7 17 1
8 2 1
3 7 11
7 56 1
3 7 20
11 1 1
7 11 1
6 1 1
6 4 1
6 4 co 1
6 4 5
6 4 6
6 6 j
6 7 2
6 4 8
218
Superior CourtContinued
a s p
Judge one for each circuit and term of 6 3 1
Election of U 6 12 1
Salary and qualification of 1 6 1314 1
May change venue when 6 IV 1
May preside in Supreme Court when 6 2 2
May preside in City Court when 6 5 1
Appoints Notary Public ex officio Justice of the
Peace l 6 8 1
Sanctions sale of Homesteadsi 9 38 1
Supplemental Homestead laws to be provided for 9 5 1
Supreme Court part of Judiciary j 6 11
Constitution of 1 6 2 1
Jurisdiction sessions and practice 6 25 67
Cost in and paupersaffidavit 6 21 1
Judges election and term 6 2 4
Judges election and vacancies how filled 6 12 1
Salary and qualification of6 1314 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 votingf 2 1 2
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 void7 2 24
Poll for educational purposes 7 2 3
Special for educational purposesi 8 3 1
States power to impose not to be restrained 4 11
Of corporations not to be surrendered 7 2 5
To raise a Sinking Fund L 7 14 1
Lien good against Homestead1Jl 9 2 1
Act authority ofj 12 1 3
Act must originate in the House 3 7 10
Telegraph Companies may be incorporated by Legisla
ture 3 7 18
219
A S P
Terms of office of Governor 5 1 2
Secretary of State Comptroller and Treasurer 5 2 1
Judge of Supreme Court6 2 4
Judge of Superior Court 6 3 13
Justice of the Peace 6 7 1
Ordinarys 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
give 1 16
Title law must not contain matter different from 3 7 8
To land cases involving where brought 6 16 2
To land cases involving jurisdiction in Superior
Court 6 4 1
Treason what is and how convicted of 1 2 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
Removal ofjV 5 1 18
Salary and Clerks hire of 5 2 2
Perquisites not allowed 5 2 7
Fee other than salary not allowed to 5 2 5
Bond and qualification of 5 2 6
To receive deposits from Fire Insurance Companies 3 12 4
To make quarterly reports to Governor 7 15 1
And Governor authorized to loan Sinking Fund 7 14 1
Draw money from Treasury in what manner 3 7 11
Treaty force and authority of 12 1 1
Trial a speedy and impartial one is the right of defendant 115
By jury remains inviolate 6 18 1
Tribunals in the various counties to be uniform 11 3 1
Trustees of the people public officers are 111
The University of Georgia may accept donations
etc 8 6 1
Families of minor children entitled to Homestead 9 1 1
U
Unexpired term of Governor special elections 5 1 9
Judges of Supreme Court 6 2 4
220
Unexpired termContinued
A S
Judges Supreme and Superior Courts Attorney
and SolicitorsGeneral 6 12
Uniformity required in operation of general laws 1 4
In county officers and tribunals11 3
In courts of same gradelMS 6 9
In taxationj7 2
University of Georgia appropriation to 8 6
United States Constitution acts in violation of void 14
Treaties and laws authority of 12 1
Soldiers not entitled to vote for being stationed
here 2 1
V
Vacancy in office of Governor 5 1
Judge of Supreme Court 6 2
Judge of Superior Court 6 3
Judge Supreme and Superior Courts and Solicitor
General 6 12
Members General Assembly 5 1
Governor may fill when not otherwise provided 5 1
Validity of bonds not to be tried by Judge who is interested 6 2
Declared void by Constitution not subject to suit 7 11
Valuation of Homestead laws to be provided for 9 4
Venue in cases of divorceT 6 16
Of land titles 6 16
Of Equity 6 16
Against joint obligors acceptors indorsers etc 6 16
Civil and criminal generally 6 16
Civil and criminal changed how 6 17
Verdicts judgments without when 6 4
First and second in divorce cases 6 15
Veto of Governor overruled by twothirds vote 6 7
Viva voce voting by General Assembly 3 10
Void bonds of State not to be paid 7 11
Volunteer companies organization of 10 1
Not paid unless called out by State 10 1
Vote by the people shall be by ballot 2 1
Who is entitled toOath of voter 2 1
Who not entitled to 2 2
By General Assembly to be viva voce 3 10
Of twothirds being required yeas and nays must
be recorded 3 7
p
1
1
1
1
1
1
2
1
2
8
4
2
1
13
14
3
1
1
1
2
3
45
6
1
7
1
23
1
1
2
3
1
2
1
1
21
221
Y oteContinued
Of twothirds being required does not do away
with Governors approval 3 7
Of twothirds overrides Governors veto 3 7
Of General Assembly having effect of law submitted to Governor
Of General Assembly in elections must appear in
House Journal 10
W
Waiver of Homestead 8 3
Of old exemption
War bonded debt may be increased for purposes of 7 12
Debt of county or city for may be assumed by
State
Debt may be contracted to defend State in time of 7 3
Quartering soldiers in house in time of 1 1
Tax to defend State in time of 7 1
Warrant for search how obtained 1 1
Ways private may be granted after compensation
paid
Wearing apparel waiver of exemption on limited 93 Western Atlantic R R if sold proceeds how ap
lied 7 13
Whipping as punishment for crime prohibited 1 1
White and colored public schools to be separate 8
Widows pensions provided forit 7
Wifes property is her separate estate after marriage 3 11
Wild Land Clerk compensation of p
Witnesses in criminal cases rights of defendants as to 1 1
Not compelled to criminate themselves1 1
Two necessary to convict of treasonj
Worship of God may be according to conscience 1 1
Place of may be exempt from tax 7 2
Y
Yeas and Nays to be Recorded in Journal
At request of onefifth
On appropriation bills and resolutio is 3 7
When twothirds vote is required 3 7
On amendments to Constitution 13 1
p
23
23
17
1
1
1
1
1
1
19
16
1
1
1
1
1
1
1
4
5
6
2
12
2
6
12
21
I
222