MANUAL
of the
GENERAL ASSEMBLY
of
The State of Georgia
1949 1950
Compiled by
BEN W FORTSON JR
Secretary of State
Assisted by
GEORGE D STEWART
Secretary of the Senate
and
JOE BOONE
Clerk of the House of Representatives
OFFICERS
OF THE
STATE SENATE
TERM
1949 1950
PRESIDENT
S MARVIN GRIFFIN Decatur County Lieutenant Governor
SPENCE GRAYSON Chatham County President Pro Tem
GEORGE D STEWART Fulton County Secretary
LAMONT SMITH Tattnall County Assistant Secretary
EDNA LACKEY Fulton County Journal Clerk
ANNE DUNCAN Fulton County Calendar Clerk
ZACK D CRAVY JR DeKalb County Messenger
TRAVIS B STEWART Fulton County Message Clerk
A PERRY GRIFFIN DeKalb County Doorkeeper
3
MEMBERS
OF THE
SENATE OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO NAMES WITH DISTRICTS AND POST OFFICES FOR THE TERM 19491950
Senators
Ansley C C
Ayers Carl J
Blalock D B Boyett R L
Brooks George B7
Bryant Wallace C
Clary Edgar D Jr
Cochran W B Jr
Coleman Dr A T
Daniel J Wallace
Davis Henry WL
Dykes James M
Eve Henry P
Florence Glenn
Foster Orsbon Ll1
Garrett H R
Gary Dr Loren
Gholston J Knox
Grayson Spence
Harris John Sl
Harrison Walter
Higginbotham C M
Housley Arthur Ei
Jones B M
Land Grover C
Land John
Layton H L
LeCraw Roy
Lunsford Frank J Mason C
Massey Rufus William McCoy Dr W R
Newton G W
Overby Howard T
Padgett J E
District Post Office
10th Smith ville
13th Oglethorpe
36th Newnan
11th Coleman
50th Crawford
43rd Dalton
29th Harlem
7th Thomasville
16th Dublin
49th Claxton
27th Jefferson
14th Cochran
18th Augusta 1
39th Douglasville
40th Hiawassee
53rd Quitman
12th Georgetown
30th Comer
1st Savannah v
I 23rd Roberta
17th Millen
31st Royston
32nd Dahlonega
SRth Dallas
51st Dry Branch
24th Columbus
45th Chula
52nd Atlanta
9th Leary
28th Madison
44th Wildwood
4th Folkston
47th Norman Park
33rd Gainesville
6th Haylow
4
Senators District
Peterson John C 15th
Pilcher Crawford L 1 19th
Pittman Claude C 42nd
Purdom Lee S46th
Rackley Ed Hl My 41st
Rich Tom EIpic8th
Roddenberry Cecil M 3rd
Rowland Joseph H 21st
Saunders Gerald B 25th
Sims Millard F 2nd
Smith Willis37th
Stark Gus35th
Swint Albert G 26th
Tarver Charles 48th
Turner A MellH 34th
Ursrey Lawton R 54thJ
Williams Walter B Jr 20th
Wright Sam TA5th
Zellner J Kimball 22nd
Post Office Ailey
Warrenton Cartersville Blackshear s Ellijay Bainbridge Nahunta Wrights ville Waverly Hall Pembroke Carrollton Monroe Orchard Hill Cordele Decatur Hazlehurst Milledgeville Waycross Forsyth
5
MEMBERS
OF THE
SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES
First DistrictCHATHAM Effingham
SPENCE GRAYSONHBjMSavannah
Second DistrictBRYAN McIntosh Liberty
MILLARD F SIMS 1MiPembroke
Third DistrictBRANTLEY Wayne Long
CECIL M RODDENBERRY Nahunta
Fourth DistrictCHARLTON Glynn Camden
DR W R McCOY i 1Folkston
Fifth DistrictWARE Atkinson Clinch
SAM T WRIGHT fSMBBjHWaycross
Sixth DistrictECHOLS Lowndes Lanier
J E PADGETT A5Haylow
Seventh DistrictTHOMAS Grady Mitchell
W B COCHRAN Thomasville
Eighth DistrictDECATUR Seminole Miller
TOM E RICH Bainbridge
Ninth DistrictCALHOUN Early Baker
FRANK J LUNSFORD Leary
Tenth DistrictLEE Dougherty Worth
C C ANSLEY jvfSmithville
Eleventh DistrictRANDOLPH Terrell Clay
R L BOYETT 1Coleman
Twelfth DistrictQUITMAN Stewart Webster
DR LOREN GARYGeorgtown
Thirteenth DistrictMACON Schley Sumter
CARL J AYERS J Oglethorpe
Fourteenth DistrictBLECKLEY Dooly Pulaski
JAMES M DYKES Cochran
Fifteenth DistrictMONTGOMERY Wheeler Toombs
JOHN C PETERSON LJtliLAiley
Sixteenth DistrictLAURENS Treutlen Emanuel
DR A T COLEMAN gDublin
Seventeenth DistrictJENKINS Screven Burke
WALTER HARRISON Millen
Eighteenth DistrictRICHMOND Glascock Jefferson
HENRY P EYE Augusta
Nineteenth DistrictWARREN Taliaferro Greene
CRAWFORD L PILCHER LJWarrenton
Twentieth DistrictBALDWIN Hancock Washington
WALTER B WILLIAMS JRMilledgeville
TwentyFirst DistrictJOHNSON Jones Wilkinson
JOSEPH H ROWLAND Wrightsville
TwentySecond DistrictMONROE Butts Lamar
J KIMBALL ZELLNER gyAm r Forsyth
TwentyThird DistrictCRAWFORD Peach Taylor
JOHN S HARRIS Roberta
TwentyFourth DistrictMUSCOGEE Chattahoochee Marion
JOHN H LANy81MBColumbus
TwentyFifth DistrictHARRIS Upson Talbot
GERALD B SAUNDERS Waverly Hall
TwentySixth DistrictSPALDING Clayton Fayette
ALBERT G SWINT u LOrchard Hill
TwentySeventh DistrictJACKSON Barrow Oconee
HENRY W DAVIS Jefferson
TwentyEighth DistrictMORGAN Jasper Putnam
C R MASON Hitjp Madison
TwentyNinth DistrictCOLUMBIA Lincoln McDuffie
EDGAR D CLARY JR y Harlem
Thirtieth DistrictMADISON Elbert Hart J KNOX G HOUSTON f
ThirtyFirst DistrictFRANKLIN Stephens Habersham
C M HIGGINBOTHAM B f 1Royston
ThirtySecond DistrictLUMPKIN Dawson White
ARTHUR E HOUSLEY r Dahlonega
ThirtyThird DistrictHALL Forsyth Banks
HOWARD T OVERBYIjGainesville
ThirtyFourth DistrictDeKALB Gwinnett Rockdale
A MELL TURNER Decatur
7
ThirtyFifth DistrictWALTON Henry Newton
GUS STARK VkMonroe
ThirtySixth DistrictCOWETA Meriwether Pike
D B BLALOCK jNewnan
ThirtySeventh DistrictCARROLL Troup Heard
WILLIS SMITH L4Carrollton
ThirtyEighth DistrictPAULDING Haralson Polk
B M JONESkill111 Dallas
ThirtyNinth DistrictDOUGLAS Cobb Cherokee
GLENN FLORENCE kMj 1SELDouglasville
Fortieth DistrictTOWNS Union Rabun
ORSBON L FOSTER BillllliHiawassee
FortyFirst DistrictGILMER Pickens Fannin
ED H RACKLEY llLMEllijay
FortySecond DistrictBARTOW Chattooga Floyd
CLAUDE C PITTMAN BBf iCartersville
FortyThird DistrictWHITFIELD Gordon Murray
WALLACE C BRYANT 1jkDalton
FortyFourth DistrictDADE Walker Catoosa
RUFUS WILLIAM MASSEY jlWllkLWildwood
FortyFifth DistrictIRWIN Ben Hill Telfair
H L LAYTONgMLiilChula
FortySixth DistrictPIERCE Bacon Coffee
LEE S PURDOM Blackshear
FortySeventh DistrictCOLQUITT Tift Turner
G W NEWTON 1Norman Park
FortyEighth DistrictCRISP Dodge Wilcox
CHARLES E TARVER LCordele
FortyNinth DistrictEVANS Bulloch Candler
J WALLACE DANIEL Claxton
Fiftieth DistrictOGLETHORPE Clarke Wilkes
GEORGE B BROOKS Crawford
FiftyFirst DistrictTWIGGS Houston Bibb
GROVER C LANDZllr Dry Branch
FiftySecond DistrictFULTON
ROY LeCRAW ll 8 Atlanta
FiftyThird DistrictBROOKS Berrien Cook
H R GARRETT LilRQuitman
FiftyFourth DistrictJEFF DAVIS Tattnall Appling
LAWTON R URSREY ili Hazlehurst
8
STANDING COMMITTEES
OF THE
SENATE
TERM 19491950
9
AGRICULTURE COMMITTEE
Tarver Chairman Layton
Land of 51st ViceChairman Mason
Lunsford Secretary Newton
Ansley Padgett
Boyett Rowland
Cochran Sims
Davis Swint
Harris Ursrey
Higginbotham Zellner
Housley
AMENDMENTS TO THE CONSTITUTION COMMITTEE
Brooks Chairman Overby
Roddenberry ViceChairman Padgett
Mason Secretary Pilcher
Clary Pittman
Eve Purdom
Florence Saunders
Grayson Smith
APPROPRIATIONS COMMITTEE
Purdom Chairman Jones
Rowland ViceChairman Layton
Wright Secretary Lunsford
Ayers McCoy
Blalock Overby
Boyett Rackley
Coleman Roddenberry
Davis Sims
Dykes Swint
Gholston Williams
Housley
AUDITING COMMITTEE
Lunsford Chairman Layton
Harris ViceChairman Mason
URSREY Secretary Massey
Brooks Pittman
Coleman
AVIATION COMMITTEE
Foster Chairman Grayson
Coleman ViceChairman Mason
Eve Secretary Pilcher
Blalock Smith
Brooks
BANKS AND BANKING COMMITTEE
Clary Chairman Garrett
Bryant ViceChairman Gholston
Swint Secretary Peterson
Blalock Pilcher
Brooks Purdom
Coleman Saunders
Dykes Williams
CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT
COMMITTEE
Harrison Chairman Mason ViceChairman Roddenberry Secretary Harris
Land of 24th Newton Rich Swint
11
CONSERVATION COMMITTEE
Wright Chairman Layton
Padgett ViceChairman Mason
Saunders Secretary McCoy
Bryant Newton
Daniel Roddenberry
Garrett Sims
Harrison Tarver
Jones Ursrey
Land of 51st
COUNTY AND COUNTY MATTERS COMMITTEE
Ayers Chairman Jones
Layton ViceChairman Land of 24th
Rackley Secretary Land of 51st
Blalock LeCraw
Coleman Lunsford
Davis Massey
Florence Roddenberry
Foster Rowland
Harrison Stark
Higginbotham
EDUCATION AND PUBLIC SCHOOLS COMMITTEE
Zellner Chairman Higginbotham
Rackley ViceChairman Housley
Padgett Secretary Lunsford
Boyett Newton
Clary Pittman
Daniel Rowland
Davis Sims
Eve Swint
Florence Ursrey
F oster Wright
Gholston Williams
Harrison
12
ENGROSSING AND ENROLLING COMMITTEE
Housley Chairman Boyett ViceChairman Stark SecretaryClary Eve
Higginbotham
Pittman
Rackley
Tarver
FINANCE COMMITTEE
Garrett Chairman Padgett
Mason ViceChairman Peterson
Bryant Secretary Rich
Brooks Saunders
Cochran Smith
Florence Swint
Gary Tarver
Grayson Turner
Harris Zellner
LeCraw
GAME AND FISH COMMITTEE
Stark Chairman Housley
Ursrey ViceChairman Massey
Roddenberry Secretary McCoy
Ansley Padgett
Boyett Pittman
Davis Sims
Dykes Tarver
Harrison
13
GENERAL JUDICIARY COMMITTEE
Smith Chairman Overby
Land of 24th ViceChairman Pilcher
Purdom Secretary Rich
Davis Roddenberry
Grayson 41 Turner
Mason Zellner
HALLS AND ROOMS COMMITTEE
Stark Chairman Jones
Gholston ViceChairman Lunsford
Harrison Secretary Rowland
Davis Sims
Garrett
HIGHWAYS AND PUBLIC ROADS COMMITTEE
Rich Chairman Higginbotham
Sims ViceChairman Housley
Layton Secretary Land of 51st
Ayers McCoy
Blalock Newton
Clary Rackley
Cochran Roddenberry
Coleman Swint
Daniel Ursrey
Florence Williams
Foster Wright
Garrett Zellner
Gholston
INDUSTRIAL RELATIONS COMMITTEE
Swint Chairman Davis
Peterson ViceChairman Eve
Overby Secretary Gholston
Ansley Harrison
Blalock Saunders
Boyett Stark
Cochran Williams
Coleman Zellner
14
INSURANCE COMMITTEE
Turner Chairman Harrison
Smith ViceChairman Jones
Overby Secretary LeCraw
Ansley Peterson
Clary Rowland
Cochran Stark
Dykes Tarver
Harris
INTERSTATE COOPERATIVE COUNCIL OF STATE GOVERNMENT COMMITTEE
Pilcher Chairman Cochran
Saunders ViceChairman Overby
Tarver Secretary
JOURNALS COMMITTEE
Tarver Chairman McCoy
Williams ViceChairman Rich
Harrison Secretary Rowland
Daniel Stark
MILITARY AFFAIRS COMMITTEE
LeCraw Chairman Purdom ViceChairman Massey Secretary Davis Eve
Grayson
MINES AND MINING COMMITTEE
Harrison
Housley
Land of 24th
Overby
Rackley
Turner
Rackley Chairman Housley ViceChairman Jones Secretary
MUNICIPAL GOVERNMENT COMMITTEE
Foster
Land of 51st Newton
Higginbotham Chairman Massey
Land of 51st ViceChairman Newton
Wright Secretary Peterson
Ansley Rich
Bryant Tarver
Harrison Turner
LeCraw
15
MOTOR VEHICLES COMMITTEE
Ansley Chairman Cochran
Harris ViceChairman Mason
Florence Secretary Padgett
Ayers Peterson
Brooks Pilcher
Clary Turner
PENAL INSTITUTIONS COMMITTEE
Jones Chairman Massey
Foster ViceChairman Mason
Ayers Secretary Padgett
Bryant Purdom
Daniel Rackley
Eve Rich
Gholston Stark
McCoy Wright
PENSIONS COMMITTEE
Boyett Chairman Land of 51st
Florence ViceChairman Newton
Daniel Secretary Smith
Coleman Zellner
Gary
PUBLIC HEALTH COMMITTEE
McCoy Chairman Harris
Coleman ViceChairman Harrison
Daniel Secretary Lunsford
Ansley Massey
Boyett Newton
Eve Pilcher
Gary Rich
PUBLIC UTILITIES COMMITTEE
Cochran Chairman Blalock
Turner ViceChairman Eve
Davis Secretary LeCraw
Ansley Saunders
Ayers Tarver
16
PUBLIC WELFARE COMMITTEE
Williams Chairman Housley
Florence ViceChairman Higginbotham
Dykes Secretary Layton
Brooks Lunsford
Coleman McCoy
Daniel Rowland
Davis Stark
Gary Wright
Gholston Zellner
RULES COMMITTEE
Mr President Chairman Harris
Pilcher ViceChairman Jones
Land of 24th Secretary Land of 51st
Ansley LeCraw
Ayers Overby
Boyett Padgett
Blalock Purdom
Clary Saunders
Cochran Stark
Dykes Swint
Gary Ursrey
Grayson Williams
SPECIAL JUDICIARY COMMITTEE
Pittman Chairman Housley
Eve ViceChairman Land of 51st
Foster Secretary Layton
Ansley LeCraw
Bryant Rackley
Dykes Roddenberry
Florence Stark
Gary Turner
Garrett Ursrey
STATE OF THE REPUBLIC COMMITTEE
Overby Chairman Layton
Dykes ViceChairman Pilcher
Tarver Secretary Purdom
Coleman Rowland
Foster Smith
Garrett Stark
Grayson Ursrey
17
TEMPERANCE COMMITTEE
Saunders Chairman Jones
Land of 24th ViceChairman LeCraw
Purdom Secretary Roddenberry
Brooks Stark
Grayson Wright
Housley
UNIFORM LAWS COMMITTEE
Ursrey Chairman Peterson
Newton ViceChairman Pittman
Cochran Secretary Smith
Daniel Turner
Gholston
UNIVERSITY SYSTEM OF GEORGIA COMMITTEE
Gholston Chairman Gary
Brooks ViceChairman McCoy
Peterson Secretary Overby
Ansley Pittman
Blalock Saunders
Boyett Smith
Bryant Turner
Dykes Williams
Eve Zellner
Garrett
VETERANS AFFAIRS
LeCraw Chairman Housley ViceChairman Williams Secretary Bryant Clary Florence
Foster
Land of 24th
McCoy
Rackley
Roddenberry
Sims
WESTERN AND ATLANTIC RAILROAD
Gary Chairman McCoy
Massey ViceChairman Swint
Jones Secretary Ursrey
Housley Wright
Lunsford
18
lp
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 the President shall not vote unless the Senate shall be equally divided 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 of 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 on 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 The 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 the President
President may name Senator to preside
21
Duty of
Secretary
when
President
absent
When no debate on appeals
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
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
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
22
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 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 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 seat and respectfully address himself to Mr President He shall be confined to matter in debate shall speak not more than twice on any subject nor more than once until every member choosing to speak shall have spoken During all sessions all individual speeches on bills and resolutions shall be limited to thirty minutes unless extended by a majority of a quorum and on all points of personal privileges shall be limited to ten minutes 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 the decision of the Senate
When President may order vote taken by yeas and nays
Decision on questions of priority
Conduct of
Senators
debate
Appeals
23
Expulsion See Rule 17
Exception to Words spoken
Silence
Mode of
designating
Senators
be not submitted to the delinquent for the first offense shall be reproved for the second fined in a sum not exceeding ten dollars and continuing refractory may be expelled from the Senate by a twothirds vote of the Senators which said vote shall be taken by yeas 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 questions of order shall be decided and such other proceedings had as the Senate may deem proper in regard thereto Provided that if at the time the Senate 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 disposed of or until such further time as may then be ordered by the Senate 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
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
24
Rule 19 No Senator shall vote upon any ques vote when tion in the result of which he is personally inter in result ested 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 Protests 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 members thereof
Rule 21 No Senator shall address the Senate nor interrogate a Senator who is speaking except through the President and if the Senator speaking declines to be interrupted the President shall cause the Senator desiring to interrogate him to be silent
Rule 22 No Senator shall pass between the Senator is Chair and a Senator while he is speaking nor and at adshall any Senator at the time of adjournment leave journment his seat until the President retires
Rule 23 No Senator shall in debate refer to debate3 any private conversation had with another Senator or to any matters which have transpired in any committee or in the House except as to the final action taken by the House in any pending matter
Rule 24 In nominating candidates for any office no laudatory remarks shall be allowed nor shall any other candidate be disparaged
Rule 25 Applause or hisses in the Senate ER9B Chamber or in the galleries or lobby during any forbidden speech or legislative proceedings shall be promptly suppressed
25
No debate during yeas and nays
Only one motion be made at a time
Explana
tion
Reading of papers
Motion to excuse when made
Excuses from voting
Rule 26 During the calling or reading of yeas and nays on any question no debate shall be had
Rule 27 No Senator can make more than one motion at a time and while 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 28 On all questions except such as are not debatable any Senator on the call of the yeas and nays shall be allowed five minutes as a matter of right in which to explain his vote Where the vote on any question is not taken by yeas and nays no Senator shall be allowed to explain except by unanimous consent No motion or request shall be entertained to vary this rule nor to extend a Senators time for explaining
Rule 29 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 30 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
Rule 31 No Senator 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 32 Any one Senator may call for a dsion division of the question on a subject in which the sense thereof will admit of it
Rule 33 The Senator calling for a division 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 34 All bills and resolutions shall be Bills ad
resolutions
called in the order in which they stand on the calJed in
order
calendar and before reading any bill or resolution the second or third time the Secretary shall distinctly state its number and the name of the Senator by whom introduced Provided that the General Appropriation Bill and the General Tax Bill shall have precedence on third reading over all other matters even Special Orders until the said bills shall have been finally disposed of
Rule 35 Every motion or request to take up whtSmogeneral bills or resolutions out of their regular jnnwriting order and every motion or request for special orders shall be submitted in writing and reported upon by the Committee on Rules before being submitted to the Senate
Rule 36 No debate shall be admitted upon Question
111 r 1 r on first
any bill at the first reading Upon the introduction reading of any bill or resolution or other matter requiring reference to a committee the President shall as a
27
Effect of favorable report of committee
Adverse report of committee
Bills when withdrawn
Reports of committees order of action
matter of course and without debate commit the same to the proper committee unless otherwise ordered by the Senate In case of engrossment of any bill or other matter the entry thereof shall be made by the Secretary and the bill or other matter shall not be amendable thereafter unless subsequently committed
Rule 37 Where the report of a committee is favorable to the passage of a bill etc the same shall be read a second time and passed to a third reading without question unless recommitted Where the report of a committee is adverse to the passage of a bill etc in order to have a second reading thereof any Senator may at the time such report is made give notice of intention to move at the proper time to disagree to such adverse committee report when the question shall be upon agreeing to the report of the committee If the report of the committee is agreed to the bill etc shall be lost If the report of the committee is disagreed to the bill etc shall be passed to a third reading unless recommitted Provided that no bill etc adversely reported shall be taken up for a second reading except by motion of some Senator Any bill etc may be withdrawn at any stage thereof by consent of the Senate
Rule 38 When a bill etc favorably reported by a committee is on its third or last reading if the report of the committee is disagreed to by the Senate the bill or measures shall be lost unless the action of the Senate in disagreeing to the committee report is reconsidered within the proper time
28
Rule 39 The President shall not recognize any Senator at any time for the purpose of asking unanimous consent to place any general bill on its passage out of its regular order Neither shall he recognize any request for unanimous consent for the introduction of new matter or to read any bill or resolution the second time or to place any local bill or resolution on its passage except during the first thirty minutes after the confirmation of the Journal The President shall entertain but one unanimous consent at any one time
Rule 40 Where a bill or a resolution has been referred and reported by more than one committee or has been reported on and recommitted to the same committee the last committee report shall be acted on by the Senate
Rule 41 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 All bills and resolutions having the force and effect of law shall when introduced have attached an exact copy and said copy shall be retained by the Secretary subject to use as information but the original bill or resolution shall be for the exclusive use of the Senate and the committee to which it is assigned and shall be the official bill or resolution of the Senate and shall not be subject to any other use
Rule 42 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
Bills and resolutions to be in writing
How
indorsed
Bills when printed
29
Bill when printed all sessions
Transmission to House by majority vote
Order of precedence
request of said committee and the order of the Senate agreeing thereto
Rule 42A During all sessions of the General Assembly all bills and resolutions having the effect of law except purely local bills shall upon being reported back to the Senate with recommendation that the bill or resolution do pass be printed or mimeographed and a copy placed upon each Senators desk at least one hour before such bill or resolution shall be read a third time
Rule 43 No bill or resolution shall be transmitted to the House on the day of passage thereof unless a majority of the Senators present shall so order
Rule 44 The Committee on Rules during the last fifteen legislative days of each session shall arrange and fix the calendar of business for each day and such calendar of business 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 and manner fixed by such calendar except by a threefourths vote of those present
PRECEDENCE OF MOTIONS
Rule 45 When any subject is before the Senate for consideration or under debate no motion shall be received except the following towit
1st A motion to adjourn
2nd A motion to lay on table
3rd A motion for the previous question
4th A motion to postpone indefinitely
30
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 46 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 47 A motion to adjourn to a particular day or for a particular time if made when the Senate is not actually engaged in other business is debatable and is amendable as to the day or time proposed
Rule 48 The motion to adjourn can be made at any time when the Senator moving it can legitimately obtain the floor
Rule 49 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 the ayes 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 50 When a motion to adjourn in its simple form prevails it adjourns the Senate to the next sitting day or time in course
Not debatable when may be renewed Amendment
When
debatable
When
made
When not in order
Effect of adjournment
31
Hours of adjournment What business 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
Rule 51 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 52 No motion to lay an amendment or substitute on the table shall be in order
Rule 53 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 and when so taken from the table it is thereby restored to its appropriate place on the calendar
Rule 54 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 55 Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable
Rule 56 Nothing can be legitimately laid on the table excepting what can be taken up again
32
Rule 57 A motion to lay on the tale 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 the table is in order
THE MOTION FOR THE PREVIOUS QUESTION
Rule 58 The motion for the previous question shall be decided without debate and shall take precedence of all other motions except motions to adjourn or to lay on the table and when it is moved the first question shall be Shall the call for the previous question be sustained If this be decided by a majority vote in the affirmative the motion to adjourn or to lay on the table can still be made but they must be made before the next question towit Shall the main question be now put is decided in the affirmative and after said last question is affirmatively decided by a majority vote said motions will be out of order and the Senate cannot adjourn until the previous question is exhausted or the regular hour of adjournment arrives
Rule 59 When the previous question has been ordered the Senate shall then proceed to act on the main question without debate except that before the main question is put twenty minutes shall be allowed to the committee 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
When in order
Effect of
previous
question
Twenty minutes debate allowed
Vote how taken
Yeas and nays Onefifth necessary
Effect of main question being ordered
Reconsideration when in order
Contested
elections
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 60 After the main question is ordered any Senator may call for a division of the Senate in taking the vote or may call for the yeas and nays but on all questions on which the yeas and nays are called the assent of onefifth of the number present shall be necessary to sustain the call and when such call is sustained the yeas and nays shall be entered on the Journal
Rule 61 The effect of the order that the main question be now put is to bring the Senate to a vote on pending questions in the order in which they stood before it was moved
Rule 62 After the main question has been ordered a motion to reconsider this action will if adopted have the effect to repeal the ordering of both the main question and the previous question and will leave the pending measure again open to debate and amendment This motion to reconsider the ordering of the main question can be made only once and if lost or if the main question is again subsequently ordered on the pending measure no second motion to reconsider the ordering of the main question shall be entertained
Rule 63 In all cases where a minority report has been submitted on any matter if the previous question is ordered there shall be twenty minutes allowed to the members of said committee whose name is first signed to said minority report or to
34
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 64 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 65 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 66 All incidental questions of order arising after a motion is made for the previous question and pending such motion shall be decided whether on appeal or otherwise without debate
MOTIONS TO INDEFINITELY POSTPONE
Rule 67 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 68 The motion to indefinitely postpone lays open the whole question for debate but it cannot be amended
Rule 69 While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain or to commit or amend yet this motion cannot be applied to said motions nor can
How called and ordered
Call of the Senate when in order
Questions of order
Effect
Not amendable
When cannot be applied
Not
renewed
Debate when and how allowed
Motion to commit
Precedence of
it be applied to incidental questions such as questions of order reading of papers withdrawal of a motion and suspension of a rule
Rule 70 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 71 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 This motion cannot be renewed or made a second time to the same measure on the same day
Rule 72 The motion to postpone to a day certain cannot be applied to subordinate or incidental questions but only to the whole measure It is amendable by substituting one day or time for another If a day proposed is known to be beyond the limits of the Session the motion shall be treated as one to indefinitely postpone
MOTION TO COMMIT
Rule 73 Motions to commit may be made to refer a bill resolution or other measure to a standing or special committee
Rule 74 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
36
Rule 75 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 76 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 77 Any proposition that has been referred to any committee either standing or special may on motion be recommittted to the same or any other committee by a majority of a quorum
MOTION TO AMEND
Rule 78 There are three days in which a proposition may be amended towit
1st By inserting or adding words
2nd By striking out words
3rd 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 Any irrelevant amendment or amendment obviously offered for the purpose of delay shall be ruled out of order by the President
Rule 79 When a bill or resolution is before the Senate for consideration and amendments are pending thereto and a substitute shall be offered for said bill or resolution and an amendment shall be offered to said substitute it shall be in order for the Senate to first perfect the original bill or resolution and then perfect the substitute The question shall then be on agreeing to the substitute
When
debatable
How
amended
Motion to recommit
Amendments how made
Bill first perfected then the substitute
17
When too late to amend
Must be in writing
Priority
Blanks
Caption
when
amended
Amending by sections
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 80 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 81 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 82 On all questions whether in committee or in the Senate the last amendment the most distant day and the largest sum shall be first put
Rule 83 Where blanks occur in any proposition they must be filled first before any motion is made to amend
Rule 84 The caption or preamble of a bill or resolution shall not be considered or amended until the measure has been perfected
Rule 85 When a proposition 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 86 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 87 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 88 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 89 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 90 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
Amendments by striking out and inserting
Priority of amendment to perfect
Amending
House
amendments
See Rule 129
Priority
Priority of questions on House amendments
39
Motion to reconsider
Shall not be
withdrawn
when
When there may be one reconsideration
When in order
2nd A motion to disagree to the House amendment
3rd A motion to recede from its disagreement or amendment
4th A motion to insist on its disagreement or amendment
5th A motion to adhere to its disagreement or amendment
They take precedence in the above order RECONSIDERATION
Rule 91 When the Journal of the preceding day shall be read it shall be in the power of any Senator to move for reconsideration of any matter therein contained except such matter that 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 92 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 93 No matter shall be reconsidered more than once
Rule94 Motions for reconsideration shall be in order immediately after the time for unanimous consents 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 Provided a motion to reconsider the action
40
of the Senate ordering immediate transmission of any bill or resolution to the House shall be made and disposed of before the transaction of other business
Rule 95 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 96 All bills reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading
ABSENTEES
Rule 97 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 98 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 99 The power to compel the attendance of Senators in order to keep or secure a quorum shall be vested in the President and to this end he may have the doors of the Senate closed When 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 exofficio SergeantatArms of the Senate and on order of the President may arrest any absentees and bring
Amendments
when
reconsidered
Place on calendar
Morning
rollcall
dispensed
with by
majority
vote
Names of absentees noted
Sergeantatarms Power to compel attendance
41
Call how ordered
Subsequent
proceedings
Messages
Messages when received and considered
them before the Senate when necessary to secure a quorum as aforesaid
CALL OF THE SENATE
Rule 100 Whenever the result of a vote taken shall disclose the fact that no quorum of the Senate is present or when the President shall officially state the fact to the Senate it shall be in order for any Senator to make a motion for a call of the Senate and when this motion is made the President shall state the question as follows Shall the motion for the call of the Senate prevail and if five of the Senators present shall vote in the affirmative the President shall order the Secretary to call the roll of Senators and the absentees shall be noted the doors shall then be closed after which the names of the absentees shall again be called over and those who do not appear and who are absent without leave may by 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 101 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 102 Messages may be received at any time while the door is open except while a question is being put or a ballot or a viva voce vote is
42
being taken A message shall be presented to the Senate by the President when received or afterwards according to its nature and the business on which the Senate is engaged or its consideration may on motion be ordered by the Senate
Rule 103 After a motion is stated by the President or read by the Secretary it shall be deemed to be in the possession of the Senate but may be withdrawn at any time before decision by consent of the Senate
Rule 104 Any member presenting a petition memorial or remonstrance shall as concisely as practicable intimate the name and object of the petitioner memorialist or remonstrant which shall be noted on the Journal and the paper may then be referred without reading
Rule 105 Any motion to suspend the rules or change the order of business shall be decided without debate
Rule 106 Any motion not privileged containing new matters shall lie at least one day on the table
Rule 107 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
Rule 108 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
Rule 109 After the announcement of the standing committees no other Senators shall be placed thereon unless it be at the request of a
Motions
Petitions
memorials
etc
No debate
Motions not privileged
Record
Not necessary to second motion
Committees how and when enlarged
43
Privileges of the
floor
Duty of Conjmittee on Journals
Adjourn
ment
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
Rule 110 No person shall be allowed to enter upon the floor of the Senate except the Senators and officers of the Senate the officers and members of the House the President of the United States and Cabinet members the Governor of the State and the heads of the offices of the Executive Department exGovernors Judges of the Supreme Court and Court of Appeals in actual commission expresiding officers of the Senate and House members of Congress from Georgia Governors and members of the Legislature of any State of the United States members of the press actually reporting legislative proceedings and such others as the Senate may allow upon recommendation of the Committee on Rules but the privilege of the floor shall be extended to no person for a period longer than two days and not more than twice during any session
Rule 111 It shall be the duty of the committee on Journals to read the Journal of each days proceedings and report to the Senate that the same is correct before the Journal is read by the Secretary
Rule 112 The hours of the morning sessions of the Senate shall be from 10 oclock A M to one oclock P M when the Senate shall stand adjourned until ten oclock A M of the next succeeding day Sundays excepted unless otherwise ordered by the Senate
44
Rule 113 A motion for the call of the yeas and nays shall be decided without debate
Rule 114 All writs warrants subpoenas issued by order of the Senate shall be signed by the President and attested by the Secretary
Rule 115 It shall be the duty of the Messenger to attend to the wants of the Senate while in session to aid in 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 116 The Messenger under the direction of the Secretary 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 117 No committee shall deface or interline a bill resolution or other paper referred to said committee but shall report any amendments recommended on separate paper noting the section page or line to which said amendments relate
Rule 118 No pairing of members shall be recognized or allowed as an excuse for not voting
Rule 119 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 posi
Motion for yeas and nays not debatable
Signature of President and Secretary
Duty of Messenger
Messengers duty in distributing documents etc
Interlineation forbidden
Pairing
Committees of Conference
45
Amendments
Free debate
Motion
Majority and minority reports
What motions lie on table
Changing
votes
tion 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 120 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 121 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 122 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 a part of a bill or resolution a motion to amend the part proposed to be stricken out shall be first on order
Rule 123 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 124 Every motion for information from the Executive or other Departments shall lie on the table one day unless referred to a committee by vote of the Senate
Rule 125 On the call of the yeast 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
Rule 126 Questions of the privilege shall be first those affecting the rights of the Senate collectively its safety dignity and the integrity of its proceedings second the rights reputation and conduct of Senators individually in their representative capacity only and shall have precedence of all other questions Provided that when any matter is pending before the Senate no question of personal privilege shall be acted on until the pending question is disposed of
Rule 127 In all elections a majority of the Senators present shall be necessary to a choice
Rule 128 No bill or resolution appropriating money shall become a law unless upon its passage the yeas and nays are called and recorded All bills for raising revenue or appropriating money must originate in the House of Representatives but the Senate may propose or concur in amendments as in other bills
Rule 129 Whenever the Constitution requires a vote of twothirds of either or both Houses for the passage of an act or resolution the yeas and nays on the passage thereof shall be entered on the Journal and when any amendment to the 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 130 The first and second reading of local bills shall consist of the reading of the titles only unless said bill is ordered engrossed
Questions of privilege
Elections
Appropriating money yeas ands nays called and recorded Must originate in House of Representatives
Amendment to Constitution entered in full in journals
Caption or title only to be read in local bills
47
Secretary to take oath and give bond
Oath of enrolling and engrossing Clerks
Must be examined by Engrossing and Enrolling Committee and be recommended by it as competent
Secretary must enter on journals proceedings of joint sessions
Rule 131 The Secretary and Assistant Secretary shall 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 132 All engrossing and enrolling clerks before entering upon the discharge of their respective duties shall take an oath before the President of the Senate to discharge their duties faithfully and to the best of their skill 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 the Senate until such clerk has been examined by the Engrossing and 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 Engrossing and Enrolling Committee
Rule 133 When there is a meeting of both branches of the General Assembly in joint session the Secretary shall enter in the journal of the Senate the proceedings of the same
48
COMMITTEES
Rule 134 The President shall appoint the following standing committees
Committee on Agriculture
Committee on Amendments to Constitution Committee on Appropriations
Committee on Auditing
Committee on Aviation
Committee on Banks and Banking
Committee on Congressional and Legislative Reapportionment
Committee on Conservation
Committee on Counties and County Matters Committee on Education and Public Schools Committee on Engrossing and Enrolling Committee on Finance
Committee on Game and Fish
Committee on General Judiciary
Committee on Halls and Rooms
Committee on Highways and Public Roads Committee on Public Health
Committee on Industrial Relations
Committee on Insurance
Committee on Interstate Cooperative Council of State Government
Committee on Journals
Committee on Military Affairs
Committee on Mines and Mining
Committee on Motor Vehicles
Committee on Municipal Government Committee on Penal Institutions
49
Committee on Pensions
Committee on Public Utilities
Committee on Public Welfare
Committee on Rules
Committee on Special Judiciary
Committee on State of the Republic
Committee on Temperance
Committee on Uniform Laws
Committee on University System of Georgia
Committee on Veterans Affairs
Committee on Western and Atlantic Railroad
The Chairman and ViceChairman of the Committee on Appropriations shall be exofficio members of the Committee on Finance and the Chairman and ViceChairman of the Committee on Finance shall be exofficio members of the Committee on Appropriations That the President of the Senate be an exofficio member of all standing committees of the Senate but shall have no vote as an exofficio member except on the Committee on Rules of which he is chairman
50
ORDER OF BUSINESS
Rule 135 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 Notices of motions to reconsider
5 Reading the Journal
6 Motions to reconsider
7 Confirmations of the Journal
8 Unanimous consents
9 Reports of Standing Committees
10 Reports of Select Committees
11 Messages from the Governor
12 Unfinished business
13 Special Orders and Orders of the Day
14 Messages from the House of Representatives
15 Introduction of bills etc the first time on Mondays Wednesdays and Thursdays
16 Reading House Bills etc the first time for reference
17 Reading bills etc second time favorably reported from committees
18 Consideration of bills etc adversely reported on Tuesdays and Fridays
19 Reading for third time of bills etc ready for passage
20 Motions resolutions and petitions
Rule 136 The report of the Committee on Rules shall be in order at any time and messages
51
from the Governor or from the House of Representatives may be received under any order of business
Rule 137 No change of or addition to these rules shall be made unless such proposed change or addition be submitted in writing and referred to the Committee on Rules and reported back to the Senate
Rule 138 The rules of the Senate shall in no case be suspended or changed or the order of business changed except by a twothirds vote a quorum of the Senate being present and voting
Rule 139 The Auditing Committee before auditing the account of any Senator for expenses as a Committeeman or incurred in discharge of any duty as a member of the Senate shall require of him an itemized statement of such account supported by proper vouchers for each item whenever the same is practicable
Rule 140 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
CONSTITUTIONAL RULES
Rule 141 The Lieutenant Governor shall be President of the Senate
Art 5 Sec 1 Par 7
Rule 142 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 143 Each Senator and Representative before taking his seat shall take the following oath or affirmation towit I will support the Constitution of this State and of the United States and on all questions and measures which may come before me I will so conduct myself as will in my judgment be most conducive to the interest and prosperity of this State
Art 3 Sec 4 Par 5
Rule 144 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 145 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
Lt Governor to be President of Senate
What is a quorum Compelling attendance
Oath of members
Majorityrequired to pass bill
Yeas and nays order by onefifth of members
53
Bill or resolutions appropriating money must pass by yeas and nays
Constitutional twothirds vote taken by yeas and nays
Revenue
bills
Reading of bills
One subject matter etc
An amendment to laws and sections of Code
Rule 146 No bill or resolution appropriating money shall become law unless upon its passage the yeas and nays in each House are recorded
Art 3 Sec 7 Par 12
Rule 147 Whenever the Constitution requires a vote of twothirds of either or both Houses for passage of an Act or resolution the yeas and nays on the passage thereof shall be entered on the Journal
Art 3 Sec 7 Par 19
Rule 148 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 but the first and second reading of each local bill shall consist of the reading of the title only unless said bill is ordered to be engrossed
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 amendment as in other bills
Art 3 Sec 7 Par 10
Rule 150 No law shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof
Art 3 Sec 7 Par 8
Rule 151 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
54
describe the law to be amended or repealed as well as the alteration to be made
Art 3 Sec 7 Par 16
Rule 152 Laws of a general nature shall have uniform operation throughout the State and no special law shall be enacted in any case for which provision has been made 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 to be affected thereby and no person under legal disability to contract is capable of such consent
Art 1 Sec 4 Par 1
Rule 153 The General Assembly shall have no power to grant corporate powers and privileges to private companies 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 it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation All corporate powers and privileges to banking trust 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 and if in any event the Secretary of State should be disqualified to act in any case then in that event the legislature shall provide by general laws by what person such charter shall be granted
Art 3 Sec 7 Par 17
General laws how varied
Consent and when required
Corpora
tions
Power delegated to courts
55
Relief of recognizance
What the general appropriation bill shall contain Other appropriations by separate bills
Adjourn
ment
Elections
Rule 154 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
Art 3 Sec 7 Par 18
Rule 155 The General Appropriations bill shall embrace nothing except appropriation 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 other appropriations shall be made by separate bills each embracing but one subject
Art 3 Sec 7 Par 9
Rule 156 Neither House shall adjourn for more than three days or to any other place without the consent of the other and in case of disagreement between the two Houses on a question of adjournment the Governor may adjourn either or both of them
Art 3 Sec 7 Par 22
Rule 157 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 result
Art 3 Sec 10 Par 1
Rule 158 All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives and no bill or resolution intended to have the effect of a law which shall have been rejected by either house shall be again proposed during the same session under the same or any other title without the consent of twothirds of the House by which the same was rejected
Art 3 Sec 7 Par 13
Rule 159 The General Assembly shall meet on the second Monday in January 1933 and biennially thereafter on the same date until the day shall be changed by law Such session shall continue no longer than ten 10 days
The General Assembly shall reconvene in regular session on the second Monday after the 4th of July 1933 and biennially thereafter on the same date until the date shall be changed by law No such regular session shall continue longer than sixty 60 days
Art 3 Sec 4 Par 3
Rule 160 Each House shall be the judge of the election returns and qualifications of its members and shall have the 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
Rejected bills again considered by a twothirds vote
J anuary session limited to ten days
Regular Session limited to sixty days
Elections
disorderly
conduct
Expulsion by twothirds vote
57
Signature of Governor when required
Governors
veto
Effect of twothirds vote thereon
When
Governor
must
approve
Effect of twothirds vote
Rule 161 No provision in this Constitution for a twothirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case except in the case of the twothirds vote required to override the veto to submit constitutional amendments and in case of prolongation of a session of the General Assembly
Art 3 Sec 7 Par 21
Rule 162 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 15
Rule 163 Every vote resolution or order to which the concurrence of both houses may be necessary except on a question of election or adjournment shall be presented to the Governor and before it shall take effect be approved by him or being disapproved shall be repassed by twothirds of each house provided however that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution
Art 5 Sec 1 Par 16
58
Rule 164 No county site shall be changed or removed except by a twothirds vote of the qualified voters of the county voting at an election held for that purpose and by a majority vote of the General Assembly
Art 11 Sec 1 Par 9
Rule 165 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 such proposed amendment or amendments shall be entered on their Journals with the yeas and nays taken thereon 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 at which election members of the General Assembly are chosen and if such proposed amendment directly affects only one or more political subdivisions of the State then it shall also be advertised in the area to be directly affected thereby and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election and if the people shall ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment or amendments shall become a part of this Constitution provided that if the proposed amendment is not one that directly affects the whole State but only one or more subdivisions thereof said amendment shall not become a part of this Constitution unless it re
Twothirds
vote
required
Twothirds vote required on amendments to Constitution
59
Twothirds vote
required to call a convention How called
Salaries of judges
ceive both a majority of the electors qualified to vote voting thereon in the State as a whole and also a majority of the electors qualified to vote voting thereon in the particular subdivision or subdivisions affected When more than one amendment is submitted at the same time they shall be so submitted as to enable the electors to vote on each amendment separately
Art 13 Sec 1 Par 1
Rule 166 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 members of each House of the General Assembly The representation in said convention shall be based on population as near as practicable This Constitution shall not be revised amended or changed by the Convention until the proposed revision amendment or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly
Art 13 Sec 1 Par 2
Rule 167 The Justices of the Supreme Court each shall have out of the treasury of the State salaries of 8000 per annum the judges of the Court of Appeals each shall have out of the treasury of the State salaries of 8000 per annum the Judges of the Superior Courts each shall have out of the treasury of the State salaries of 6000 per annum and the Solicitors General shall each have out of the treasury of the State a salary of 25000 per annum with the right of the General Assembly to authorize any county to supplement the salary
60
f a judge of the Superior Court and Solicitor General of the Judicial Circuit in which such county lies out of county funds provided however where such salary is at the time of the adoption of this Constitution being supplemented out of county funds under existing laws such laws shall remain in force until altered by the General Assembly Provided further that the Board of County Commissioners of Richmond County or the Ordinary or such other board or person as may from time to time have charge of the fiscal affairs of said county shall without further legislative action continue to supplement from said Countys treasury the salary of the Judge of Superior Court of the circuit of which the said County of Richmond is a part by the sum of Two Thousand 2000 Dollars per annum which shall be in addition to the amount received by said judge out of the State treasury and such payments are declared to be a part of the court expenses of said County and such payments shall be made to the judge now in office during his present or subsequent terms as well as to his successors with the authority in the General Assembly to increase such salary from the County treasury as above provided
The General Assembly shall have power at any time by a majority vote of each branch to abolish the fees at present accruing to the office of solicitor general in any particular judicial circuit and in iieu thereof to prescribe a salary for such office without regard to the uniformity of such salaries in the various circuits and shall have further power to determine what disposition shall be made of the fines forfeitures and fees accruing to the office of solicitor general in any such judicial circuit
May be changed by a majority vote
61
Evidence of notice of local and special bills must be submitted before passage of same
where the fees are abolished and likewise shall have the further power if it so desires to abolish such salary and reestablish such fees but in either event when so changed the change shall not become effective until the end of the term to which the solicitor general was elected
Art 6 Sec 13 Pars 1 and 2
Rule 168 No local or special bill shall be passed unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriffs advertisements for the locality affected are published once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly No local or special bill shall becomfe law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher or accompanied by an affidavit of the author to the effect that said notice has been published as provided by law No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question Where any local law shall add any member or members to any municipal or county governing authority the members of which are elected by the people such local law must provide that the member or members so added must be elected by a majority vote of the qualified voters of the political subdivision affected
Art 3 Sec 7 Par 15
62
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 considerations 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 except that a copy of the message transmitting information of definite action on appointments of the Governor shall be placed in the regular Journals of the Senate
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 except as provided in Rule 4 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
63
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 office made by the Governor and sent to the Senate for approval When nominations are made by the Governor for any office which require 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 that every Senator shall be on his honor concerning the same
8 In Executive Session any member of the Senate shall be limited to ten 10 minutes in speaking for or against the confirmation of any nominee under consideration by the Senate
64
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 offices 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
65
resolution the Senate shall repair to the Hall of the House of Representatives
6 The President of the Senate shall preside and announce that the General Assembly is in joint session and cause to be read the resolution convening the same He shall put all questions to the body and decide all questions of order An appeal may be taken from any of his decisions to the whole General Assembly
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 had 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
66
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 indefinitely or to a fixed time shall be decided in the affirmative the President of the Senate shall so declare and the Senate shall without further motion immediately repair to the Senate Chamber
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
67
INDEX TO STANDING RULES OF
Senate of Georgia
ABSENTEES Rule No
Arrest of when 99100
Call of Senatell 100
Names recorded in Journal MW pyB 98
Roll Call dispensed with when vii 97
Secretary duty as to Absentees laifbi 98
ADJOURN MOTION TO
Amendable notBMpW4WB Wpf46
Debatable not 22 46
Definite time debatable when 47
Definite time Amendable when 3 47
Division not in order during ijp aW 49
Effect when motion prevailsTglU 50
Main Question Ordered not in order14 49 58
Precedence of WB 45 48
Previous Question motion for sustained motion to adjourn
in order liJL WB 49 58
Shall not be made second time when jfe K 46
When in orderf A46 48 49 58
When not in order illl 49 58
Yeas and Nays being called not in order 49
ADJOURNMENT
Constitutional time limit J2 1 112
Courtesy to President atMW 22
Effect when hour of arrives while Senate is acting under
previous question fW 51 58
Effect when hour of arrives while vote is being taken by
Yeas and NaysJGHf fpl2J 51
Hour of Fixed by SenateUffiSL22U 112
ADVERSE REPORT
Bills and Resolutions adversely reported taken up when 4 37
Debate on A 2 MMl 59
Effect of on bills JL 37
Second Reading after when 2 37
68
AMENDMENTS Rule No
Adjourn motion to not amendableBBS146
Adjourn to definite time amendable whenlV 47
Applicable to AmendmentsA M 1 78
Amendments to Amendments not amendable v 78
Bills and Resolutions amended by sections jajB 7885
Bills and Resolutions perfected before substituteA79
Bills and Resolutions perfected before caption 84
Blanks must be filled in beforeM83
By CommitteeTyJ 117
Commit motion to amendable how 76
Committee Amendments take precedence 120
Committee shall not deface or interline bill but report amendments on separate paperll 117
Captain not considered until Bill perfected A MK 84
Engrossment Effect ofH 36
General Appropriations Bill Senate may amend 128
General Tax Bill Senate may amend S 128
Germane must be B B 122
House Amendments to S ByMi 88 90
House Amendments to S B may be amended SB 88
House Amendments to S B Priority of motion to amend 89
House Amendments to S B Priority of Questions on 1 90
House Amendments to S B Senate Amendment to not subject to amendment fep Bs88
Priority of JME4t4t82 87120122
Priority of to perfect part proposed to be stricken87122
Priority of on passage of bill 1 1B 120
Precedence of motion to amend JflSMB 45
Postpone indefinitely motion to not amendable Bjfr Mp B 68
Postpone definitely amendableBJjoByl 72
Reconsideration of whenjpipBMBft 95
Report of by committeeApraS A H7
Report of Committee agreed to amendments after 80
Requirements of motion to amend n 81
Secretary duty of when amendments made to bill and resolutions by sections Ail HAjffr B 85
Secretary duty of in amending by inserting and striking out 86 Strike out motion to part to be stricken considered first15f 122
Section by ffV 85
Table amendments motion to not in orderii iJA 52
Table motion to lay on or take from not amendable 55
69
Rule No
Ways of makingiiJ 78
When too late JLMm 8085
When made bill being considered by sectionsgi 85
Writing motion to amend must be in81
AMENDMENTS TO CONSTITUTION
Journal proposed recorded in 129
Yeas and Nays recorded on1111JsKgL41 129
Majority required 129
APPEALS
From Presidents decision I 9
Member called to Order may appeal 15
No debate on appeals of personal character4n llif 8
Time of making 1I 9
APPLAUSE
Prohibited in Galleries or Senate ChamberuBg 25
APPROPRIATIONS
General Bill right of way 34
House must originateL 128
Senate may amend appropriation bilL iliL 128
Yeas and Nays requiredlU 128
ATTENDANCE
Arrest of senators for nonattendance 99 100
Call of Senate 8PL 99
Messengers duty as to v Bl99100
Power to compel k J99100
President duty as tr iiBu W99100
AUDITING COMMITTEE
Accounts of members duty as to139
BILLS AND RESOLUTIONS
Adverse Committee report on 37
Amendments to 78
Amendments to passed on before caption or preamble considered 1Sal 4 84
Amendments Bill perfected first79
Amendments to too late fcL L 8085
Amendments by sectionsg 85
Amendments to when too late bill being considered by
sections 85
Amendments to by striking and inserting 86
Amendments by committees how reported 117
Rule No
Bills perfected before substitutes 79
Caption not considered until bill perfected 84
Committee amendments take precedenceML45ULfl 120
Committee amendments how reported 117
Committee reports on precedence of 40
Committee Report on effect of disposal of 37 38
Committee Report favorable effect of 37 59
Committee Report unfavorable effect of 1 37 59
Commit motion to 45 73 76
Commitment to Committees 36
Debate none on first reading Hlggg l 36
Deface or interline no committee shall fcL 117
Disagreement to favorable committee report effect ofLgLL 38
Engrossment effect ofl 36
Entries on to be made by secretaryJig J 36
Form J LBS 41
First Reading no debate gHM 36
General Appropriations bill takes precedenceIgjldiL 34
General bills not placed for passage out of order by unanimous consent iM 39
General Tax Bill takes precedence K 34
Intermediate transmission to house 43
Local Bills effect of engrossment130
Local Bills First and Second Reading dHLL8 130
Local Bills third reading and placement for passage by
unanimous consent RkiJEWSALL 39
Precedence of LLL 34
President duty to commitil11 36
Printing of 1 AJLL 42
Reading of by unanimous consentLSMLiL SebBL 39
Recommit motion toMgpl1 77
Requirements of LlLs 41
Reported by committee bill may be amended before report
agreed to 4 120
Reconsideration ALL3118 9196
Reconsideration effect ofLlLTiJ 96
Second Reading after adverse committee report 4 37
Secretary duty of in amending by striking and inserting 86
Secretary state author and number of when readinggS 34
Secretary to call in order on calendar 34
Special committee motion to commit to piELf 73 74
Strike out motion to part to be stricken considered firstKIC 122 Unanimous consent for reading or considerationMftlJMi 39
71
Rule No
Withdrawal o f 37
Substitute Bill perfected hefore V M iiJ t 79
CALL OF THE SENATE
Contempt on U mi 12
When in orderJSSLg12 100
When main question ordered 65
CAPTION
Not considered until bill perfected 84
CHANGE OF VOTES
How and when iilLdiJB M 125
COMMITTEES
Amendments by how reported 117
Amendments by takes precedenceML 120
Appointment of M 1 g 4134
Appropriations exofficio members of 134
Bills not to be interlined or defaced byKLM 117
Chairman Appropriations and Finance exofficio members 134
Change after announcement JljK 109
Commit to motion to 7377
Conference how and when constitutedL 119
Enlarged how uL 109
Exofficio members of fe 134
Finance exofficio members ofBM 134
President appoint yjL 4134
President exofficio member of rules committee134
Reports order of precedence u 40
Recommit to motion to 77
Senators elected to fill vacancies committee assignments 109
Standing committees J sv134
COMMIT MOTION TO
Amended how 4l 76
Applicable to what 4SfL 1 73
Debate simple motion not debatableL4 75
Debate motion to commit with instructions debatable 75
Precedence among other motions 45
Precedence among motions to commit21 74
Special Committee to 7374
Standing committee to takes precedence 74
Recommit motion tol 77
72
CONTEMPT Rule No
By Outsiders Affffy H
By Senators11r12100
On Call of the SenateJi 12100
CONVERSATION
Presidents right to suppress 1
Senators refrain from whenjM A17
DEBATE
Adjourn motion to not debatable1 46
Adjourn to definite time motion to debatable hbBeu 47
Adverse report debate on 59
Appeals from chair of personal character not debatable s 8
Bill or resolution no debate on first reading 36
Breach of order in debate II M y 15
Change order of business motion to not debatable1 105
Commit motion to not debatable 11l4 75
Commit with instructions motion to debatable 75
Committee matters reference to out of order in 23
Conduct of Senators in JL15 21 22 23
Conversation reference to out of order in jWoKKB 23
Excuse from voting motion to not debatable l b 30
First reading of bill or resolution no debate111 36
House happenings reference to out of order in l 23
Incidental matters after motion for previous question sustained
decided without debateiL 1 v 66
Interrogation of speakers through president 21
Limitation of speeches WtM 15
Minority report debate on iJ 63
Nondebatable motion not in order whenB 31121
Postpone definitely motion to debate limited 71
Postpone indefinitely motion to debatable 68
Previous Question motion for not debatable 58
Previous Question motion for decided affirmatively debate
limited iL111 59 63
Previous Question motion for incidental questions decided
without debate 66
Priority of Business decided by President without dehate 14
Reading of papers question of decided without debate 29
Roll Call no debate during Li Iff 26
Suspend Rules motion to not debatable JH 105
73
Rule No
Yeas and Nays motion for decided without dehate B 113
Yeas and Nays no debate duringHj 26
DISPARAGING REMARKS
Prohibited on Nominations JBij fiLr 24
DIVISION OF SENATE
After main question ordered 7 60
Call for WL iiJBL 60
Excuse for voting motion to must be beforeMjrevli 30
Senator may ask foriifeBilfc5 60
DIVISION OF QUESTION
Duty of member asking m if 33
Right to call forli 32
What divisible Hlf 32 33
ENGROSSMENT
Effect ofjHpIg M Br 36
ENROLLING AND ENGROSSING COMMITTEE
Clerks examine and annrove lIi 132
Clerks recommend removal ofHLL 132
EXCEPTION TO WORDS SPOKEN
Procedure for taking 16
EXECUTIVE SESSION
Reference to Special Rules
Cleared Senate Chamber cleared of all persons except senators secretary and assistant secretary1 2
Journal message informing governor of action on nominees
record in regular journal 4
Journal separate journal for executive sessions p gjl 4
Journal secret Jig 357
Governor informed of action on nominees by secretary 4 5
Limit as to time of speechlJS 8
Nomination majority necessary to confirm8ia 6
Nomination how put 6
Nomination when considered16
Nominees discussion of secret JgT t 3 5 7
Nominees secretary inform governor of action on 5
Proceedings kept in separate book from legislative proceedings 2SX 4
Proceedings kept secretE 7 L 3 5 7
74
Rule No
Procedure BM B 2 6
Remarks of Senators kept secret 1 1 Igllf 3
Secretary and assistant in senate during session 2
Secretary duty as to journal l 45
Secretary inform governor of action on nominees 5
Secrecy required iff 2 3 5 7
Senate chamber cleared of all persons except senators secretary and assistant secretary during session MU 2
Senators shall not disclose proceedings or happenings of
session If i BBMBv 3 7
Votes on nominations kept secret 1 5
Votes record of sealed and filed with Secretary of State 5
Votes result only announced 1BBE 5
EXPLANATION OF VOTES
When and time allowed fejIB 28
EXPULSION OF MEMBERS
When and how SMB IBiiflf 15
DOORKEEPER
Clear lobbies and galleries when1 11
Messages duty in receiving1 a 101
Suspension of JilliBfejajl IrlBB 10
GALLERIES
Applause or hisses prohibited in l 25
President may clearaM 11
GENERAL ASSEMBLY
Minutes of joint sessions of kept in Senate JournaLB 133
GENERAL APPROPRIATIONS BILLS
Precedence of JIIJMlBBL 34
Senate may amend onlylIglL 128
GENERAL TAX BILL
Precedence of 111 34
Senate may amend only lpSL1 128
GOVERNOR
Entitled to privileges of the Floorwf1 110
HOUR OF ADJOURNMENT
Effect of arrival of 111JS 15i5158
75
Rule No
Effect of arrival of when Senate acting under previous
question BXM X X XX 51 58
Effect of arrival of vote being taken by yeas and nays51
Fixed by Senate t 112
Provided jlSX X fll 112
IMMEDIATE TRANSMISSION TO THE HOUSE
Majority vote necessary for Xi 43
Reconsideration of motion for 94
When ordered fcXa Xm 43
JOINT SESSION
RULES OF GENERAL ASSEMBLY IN JOINT SESSION References to Special Rules
Adjourn motion to see motion to dissolve
Appeals from decisions of chairHLL6
Change of vote when allowed i aBLMBIJill 10
Commendatory remarks prohibited XX1XXB 8
Elections by Bp XLIb2 4 910
Elections change of vote on 10
Elections majority forXl Xii 3
Elections only one at time AXXX XB 3
Elections record of vote kept in House JournalXV 2
Elections vote how taken B 2 3 9
Elections where held XBl X 2
Debate no debate except on points of order 11
Dissolve motion to not in order after roll call commenced 13
Dissolve motion to effect of when prevailingWm 15
Dissolve motion to and reconvene at definite time takes
precedence Bay 13
Dissolve motion to definite and indefiniteJtyX 12
Dissolve motion to when in order X 13
Dissolve motion to when lost in order again when 14
Journal of House contain record of vote on elections la 2
Majority necessary for electionXL2X 3
Nominations no commendatory remarks by member making 8
Nominations no second of in orderXL 9
Nominations roll call on 9
Order points of debatable liXH L H
Presiding Officer President of Senate 2 6
Presiding Officer duties of X6 915
Place of meeting I 2 5
76
Rule No
Procedure B vSglB 6
Quorum IgL sLY 16
Roll Call on elections SfesM 11iJs 9
Roll Commenced motion to dissolve not in order 13
Rules how changed BBBg B 17
Rules consent of both houses to necessary 17
Senate repair to Hall of House of Representatives5
Senate return to Senate Chamber on dissolution 15
Sessions continue how long JIBragJ 413
Speaker of House sit at left of President of Senate B 7
State officers election of yM 4
Time of meeting yli 14
Voting p2 3 9
Vote change ofBMH B 10
JOURNAL
Absentees Contain names of MB 1 Baa 98
Appropriations motion for yeas and nays recorded on 128
Committee on duty to read ML 111
Constitutional amendments recorded in 129
Constitutional amendments yeas and nays recorded on 1 129
Constitution requires twothirds majority for passage of bill
or resolution yeas and nays shall be recordedB 129
General Assembly minutes kept in Senate133
Oaths minutes of oaths kept in llBru yl1 132
Protest of Senators entry in 1T 20
Reconsideration of matters inj Bjl 91
Senators not voting on yeas and nays names entered in 107
LAUDATORY REMARKS
Prohibited 1 24
LIEUTENANT GOVERNOR
Duties of P 141
LOCAL BILLS
Engrossment effect ofIg130
First and Second reading ii 130
Reading of third time and put on passage by unanimous consent Lack ffL 39
MAIN QUESTION
Adjourn motion to not in order after main question ordered 49 58
77
Rule No
Call of Senate after orderedP Jilti 65
Call of Senate after main question ordered jfrf 65
Debate time allowed for majority after main question ordered 59 Debate time allowed minority after main question ordered 63 Debate time allowed author after main question ordered 63 65 66
Division of SenateJHBppL K BBT 60
Effect of when order feSB 58 5963 6566
Reconsideration of ordering liJkL IP Iki 62
Table motion to not in order after main question ordered JHH 57 58 Vote how taken when ordered Bk 60
MAJORITY
Change rules or order of business necessary tn BBMB JB 44138 Election necessary for 127
MEMORIALS
Presentment and consideration jfe MM 104
MINORITY REPORTS
Debate on life LV 63
Minority may make reports how B 123
MESSAGES
Consideration of IfTl 102
How sent received announced and considered 101
Received from the Governor or House at any time136
When Received 1ffS102136
MESSENGER
Arrest senators power to on order of president 99 100
Clear galleries and lobbies when SB H
Duty of on call of Senate igk 100
ExOfficio SergeantatArms ft J 99
General duties BasPjjB115 H6
Suspension of 10
MOTIONS
Information for from executive department lie on table one
day ill 124
Germane motion to amend must be122
Nondebatable not in order when31121
One at time only 1 27
Order of business motion to change not debatablejL 105
Order of business motion to change vote necessary i44138
78
Rule No
Order of priority yrejgjt 45
Privilege question of take precedence M 126
Reading by secretary effect of 103
Read papers motion to not debatable V faWrftd 29
Rules motion to change or suspend vote necessary 138
Rules motion to change or suspend how submitted 137
Seconding not required JS j 108
Senator resume seat while motion is being putWm 27
Special Orders motion to make how submittedW 35
Statement of by chair effect ofw 103
Strike out motion to part to be stricken considered first 122
Unprivileged containing new matter lie on table one day 106
Withdrawal of aj Hy 103
NEW MATTERS
Information from executive department motion for lie on
table one dayMIs 1 124
Unprivileged motion containing lie on table one day r 106
Unanimous consent fori Slit 39
NOMINATIONS
Disparaging remarks prohibited in5 24
Laudatory Remarks prohibited in 24
OATHS
Assistant Secretary 2 131
Clerks 132
Entered in Journal faM jagi 132
Secretarys ii p1 131
ORDER OF BUSINESS
Established I135
Majority necessary to change order fixed by rules committee 44
Majority necessary to change order 138
Motion to change not debatableHlfyfi V 105
Priority of decided by president without debateI 14
Rules committee fix during last fifteen days of sessionB 44
Special orders motion for how submitted 11 35
PAIRING
Not recognized j 118
79
PARLIAMENTARY LAW Rule No
Applicable when g 2 22 140
PETITIONS
Presentment and considerationI 104
PREAMBLE
Not considered until bill or resolution perfected2 84
POSTPONE TO DEFINITE DAY MOTION TO
Applicable to what feti 72
Amendments subject to f 2Ml MB 72
Debate limited t 71
Impossible day motion to postpone to treated howifef 72
Precedence of 5 Ip 2 B 45 69
Renewal when lost cannot be made again the same day 71
POSTPONE INDEFINITELY MOTION TO
Applicable to what22 69
Amendments not subject toB8 68
Debate subject toiM68
Effect when motion prevails2 67
Impossible motion to postpone impossible day treated how 72
Precedence of JIH 22L2 45 69
Renewal when lost motion cannot be again made on same matter 2 llte 22 70
PRESIDENT
Absence of president pro tern preside 7
Adjournment Senators remain until president retires 22
Appeals from decision ofl2l2u8915
Arrest president may order of persons disturbing senate 11
Arrest Senators power to order when absent K 9Q 100
Attendance power to compel ft99100
Business priority of decided by 2114
Call of Senate power and duty on 221213 100
Committees appointed hv Ifc 22 4 134
Commitment of bills and resolutions on first reading 36
Courtesy due by Senators to at adjournment 2 22
Conference Committee appointed byI 2 11111m 119
Division may orderBt rll 5
Galleries power to clearJBhMI 11
Interrogation of senators through 21
80
Rule No
Irrevelant debate power to suspend k 1
Lobbies power to clearxL 11
Method of stating question aj1 5
Messages duty on receiving ii Vi 102
No quorum voting duty of president w 191
Recognition of Senators decided by 3
Rules committee exofficio chairman of all 134
Signs all writs warrants etc of Senate III 114
Silence power to command 1
Senator may name to preside T g
Senator may call to order for breach of rules 15
Senators elected after committees appointed president may
appoint to committees 109
Standing Committees appointment of 134
Suspension of officers byM a IQ
Vote president required to whenJLif 2
Vacant chairmanships power to fillS 109
PRESIDENT PRO TEMPORE
Absence of president and president pro tempore secretary
shall call election of president pro tempore7
Duties of m 7
PREVIOUS QUESTION
Adjournment effect of arrival of hour of Senate acting under 51 Adjourn motion to after motion for previous question
sustained Jpffc 4958
Affirmative vote on effect ofJiW y 5859 63 66
Applicable to whatdpIls 64
Call of Senate after previous question ordered M65
Debate regulated previous question decided affirmatively59 63
Debate motion for not subject to 58
Exhausted before matters excepted to decidedLi 16
Incidental questions arising after previous question ordered
decided without debateJpitiaSi 66
Precedence of motion for V pi 45 58
Reconsideration SJBp 62
Table motion to after motion for previous question sustained 57 58
PRIVILEGE
Motion without to lie on tableail 106
Personal 126
81
Rule No
Question of what constituteJRulii126
Questions of take precedence MrwlLi 126
PRIVILEGE OF THE FLOOR
When extended to visitors 110
Who entitled to HO
PRINTING OF BILLS
When ordered WS 42
PROTESTS OF SENATORS
Procedure for iliH i iii 20
QUORUM
Call of Senate no quorum voting ft1W 100
No quorum voting duty of presidentIHffi 12 13 100
No quorum voting president may order yeas and nays 13
READING OF PAPERS
Determined by Senate IB t 29
RECOMMIT MOTION TO
Applicable to whatgjfci 377
RECONSIDERATION
Amendments ofJ2H WwS 95
Applicable to what Ay Jet 91
Committee Reports of action on 111 38
Effect of Ji MyAt 62 96
Immediate transmission motion for reconsidered when 94
Intervening days effect of ALS 94
Main question ordering of may be reconsidered 62
Main question ordering of may be reconsidered only once 62
Notice required 92
One time no matter reconsidered but u 93
Previous question reconsideration of SMpa 62
When and how asked 91 94
When motion for is in order uMilf 91
REMONSTRANCES
Presentment and Considerationm 104
REPORTS OF COMMITTEES
Amendments after agreement to yj 80
IlfS COM
Change in Oilier of bi iReport of Special ord
SECRETARY Absence of I president i Absentees Amending I Amending Attest all v Bills and R I Bills and R Bills and R Bond of Clerks app General ass
82
Rule No
Disagreement to effect of 3 38
Favorable report effect ofM 37
Form of L g L 123
Minority reports 123
Procedure after HI LL ilfc 37 38
Precedence of v r 4Q
Reconsideration of action onift 38
Unfavorable report giSJZLL 37
Writing must be inttL fell 123
RULES
Change proposal to must be submitted in writing and referred to Rules Committee fe 11 fll3 yuljM 137
Majority necessary to change viBH 138
Special orders motion to make how submitted iU 35
Suspend motion to not debatable HSES i 108
Suspended how Jj 3Hk105 137135
RULES COMMITTEE
Change in rules all proposals for submitted to 137
Order of business for last fifteen days fixed byj 44
Report of in order at any time GTBpy 3vdBMB 136
Special orders must be reported on byJHHL3g 35
SECRETARY
Absence of president and president pro tern call election for
president pro tem3 A 7
Absentees note name ofv M 98
Amending bills by sections duty of in iya 85
Amending bills by striking and inserting duty of in 86
Attest all writs warrants etc of Senate l3 114
Bills and Resolutions called in order by from calendar3v 34
Bills and Resolutions Engrossed Entries on to be made by 36
Bills and Resolutions state number and author of in calling 34
Bond of jAK J 131
Clerks appointment of 51III 132
General assembly joint session keep minutes ofll 133
Journal duty to enter names of Senators not voting on yeas
and nays 107
Oath 1 131
SENATORS
Adjournment duty of at 22
83
Rule No
Accounts of duty of auditing committee as to jfB 139
Applause prohibited 25
Arrest power of president to order99100
Attendance power of president to compel mvfl4099100
Call of Senate may asklifem100
Call to order for transgression of rules I 15
Committee assignments when elected after organization of
Senate completed rfir0 109
Conduct in debateJ15 17 18 21 23 25 31
Contempt of the Senate 12
Conversation refrain from0fer 17
Courtesy owed Senator speaking Bfo 22
Debate how often speak fy 15
Debate reference to private conversations committee or house
happenings prohibit in 44 5 23
Decorum of 00151719 2125
Division of Question may ask fori 32
Division of Question duty of Senator asking forBB 33
Division of Senate may ask forim34 560
Disparaging Remarks prohibited jfekM4 24
Exceptions to words spoken afen Tw4ug 15
Expulsion of JL4 15
Interrogation of through president 4004 21
Laudatory remarks prohibited B p f24
Messenger duty of to4 7 116
Motion make only one at time027
Motion must resume seat while motion being put 27
Motion prohibited from making nondebatable when0031121 Not voting names of entered in Journal 4 107
Pairing of not recognized 000444 118
Personal Privilege 44444 126
Preside president may designate Senators to uM0lO 6
Protest of Senate action byh4BPr 44 20
Reading of Papers call forM29
Recognition order of decided by president 3
Retire when required to r 19
Retire not allowed to when0401111 12 99
Senators refer to Senators by districts and not by name1544 18
Special Orders request forLi4 35
Stationery messenger shall supplyB116
Unanimous consent right to ask forffi7 39
84
Rule No
Vote changing how and when 125
Vote Explanation oftT1j i 28
Vote shall not when interested C 19
Vote refusal to on call of Senate 12
Voting motion to excuse fromiki 30
Yeas and Nays call forH 60
SERGEANTATARMS
Duty of on Call of the Senate I 111 100
Messenger exofficio ifjp 99
SIGNATURE OF PRESIDENT AND SECRETARY
When required 8jfipSi 114
SILENCE
Senators preserve 17
SPECIAL COMMITTEE
Priority of Motion to commit to4 Bfe 73 74
SPECIAL ORDER
How obtained p 35
SUBSTITUTE
Bill perfected before Jp1 79
Table motion to not in order32
SUSPENSION OF RULES
How accomplished TMl05137138
TABLE MOTION TO
Amendment motion to table not in order 52
Amendment motion to table or take from table not subject to 55
Applicable to what 56
Debate motion to table or take from table not subject toT 55
Effect when motion to take from table prevails fflSL 53
Information from executive department motion for lie on
table one dayippppp 124
Motion to take from table in order whensMp 5354
Main Question ordered motion to table not in order 57 58
Presence offfe jBgr 45
Previous Question motion for sustained motion to table in order MRillM1 5758
85
Renewal of motion to table or take from table 54
Substitute not subject 52
Unprivileged motion containing new matter lie on table one
day ItftlPlft 106
When in order motion to table and take from table 5457
TWOTHIRDS VOTE WHEN NECESSARY
Constitution Amendment JL129
Expulsion of Senators Hfc 15
Yeas and Nays recorded when constitution requires 129
UNANIMOUS CONSENT
Explanation of vote Myr 28
Limitation and regulation of1Hb 59
Local bills considered by when Jr 39
New matters consideration byJk 39
No request to extend time of explanation shall be entertained 28
YEAS AND NAYS
Adjournment effect of arrival of hour of while vote being
taken by PB p 51
Adjourn motion to not in order during call ofu 49
Appropriations record of required on alliiu 128
Call for after main question ordered L 60
Change vote after call of i 125
Constitution requiring twothird vote for passage of bill yeas
and nays shall be recorded 129
Constitution amendment to required and recorded on 129
Debate no debate during call ofilffr 26
Debate motion or call for not debatable 113
Explanation of vote when vote taken by 28
Excuse from voting motion to must be made before start of v 30
Expulsion of Senator vote by24 15
Journal show when lI60128 129
Journal show names of Senators not voting on 107
President may order no quorum voting L W 1213
Required when l60128129
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
TERM
1949 1950
FRED HAND Mitchell County Speaker
GEORGE L SMITH II Emanuel County Speaker Pro Tem
JOE BOONE Wilkinson County Clerk
JANETTE HIRSCH Fulton County Assistant
JACK GREEN Rabun County Assistant
TOM WATSON BOBO Fulton County Printing
HUGH SKELTON Hart County Reading Clerk
WALTER ATKINS Wilkinson County Message Clerk
ERNEST GILMER Dougherty County Calendar Clerk
MARION TOMS Quitman County Doorkeeper
LAWRENCE D BURKS Webster County Messenger
87
MEMBERS
OF THE
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES WITH COUNTIES AND POST OFFICES
FOR THE TERM 19491950
Representative
County Post Office
Abney W LftWalkerlfiS
Adams C Winton Brantley
Adams Wallace mmikLWheelerg
Adams W L RoyrktalSLEvans
Adams W Royi Polk v llM
Alexander Alonzo WLCarroll
A1 verson LutherFulton
Aultman H A 4W Houston
Aycock Leon1LJenkins
Baggett Perry Grady
Baker C O FatMMClarke
Barber Jack McWhorter MackJackson
Bargeron Jones JBurke Jj
Barnett Henry L Gordon
Barrett William J JrgpLPike4
Barton Arvin EHall
Battles G F SrmxDecatur
Baughman Leon HBte Early
Beddingfield Leon F Dooly
Bell Guy T8j Elbert
Bell John CRichmond
Bennett J JulianBarrow
Best Richard W Clay
Bledsoe John EBIWhitfield
Blitch Mrs Iris FClinch
Bolton Arthur K Spalding
Boone Alexander S Sr Wilkinson
Brazeal MarvinTerrell
Briscoe J E JrWalton
LaFayette Nahunta Glenwood Claxton Cedartown Carrollton Atlanta Perry Millen Cairo Athens Commerce Sardis Calhoun Zebulon Murrayville Bainbridge Cedar Springs Vienna Elberton Augusta Winder Fort Gaines Dalton Homerville Griffin Irwinton Dawson Monroe
88
Representative County Post Office
Britton W A Whitfield Dalton
Buie A A Camden White Oak
Butler J T Lamar Barnesville
Byrd Garland T Taylor Reynolds
Cagle Henry C Cherokee Canton
Cagle Wm Olen Sr Pickens Jasper
Caldwell H W Troup LaGrange
Callier H Chris Talbot Talbotton
Campbell Albert Walker LaFayette
Campbell J Phil Jr Oconee W atki n s vi lie
Carmical J S Coweta Sargent
Cates Frank M Burke W ayn eshoro
Chalker D C Pulaski Hawkinsville
Chastain Robt E Thomas Thornasville
Cohen Rodney S Jr Richmond Augusta
Coleman W Roscoe Richmond Hephzihah
Collier Ralph S Oglethorpe Comer
Coogle Tom L Macon Oglethorpe
Cook Bobby Lee Chattooga Lyerly
Covington Dean Floyd Rome
Cowart J D Jr Calhoun Morgan
Cox S N Sr Decatur Rainhridge
Cranford Clifford A Coweta Newnan
Davis James V Dougherty Albany
Davis Jefferson J L Rartow Cartersville
Deason J M Stewart Lumpkin
Denton Wm L Paulding Dallas
Dodd A S Jr Bulloch Statesboro
Dorsey Major White Cleveland
Drinkard John P Lincoln Lincolnton
Duncan J Ebb Carroll Carrollton
Dunn Ellison Seminole Donalsonville
Durden Adie N Dougherty Albany
Edenfield H C Emanuel Swain sboro
Edenfield Mose McIntosh Darien
Edwards Chris W Effingham Springfield
Ellis Henry C Coffee Broxton
Ethredge John M Raker T eary
Evitt James Jr Catoosa Rincpold
Freeman Robert A TTpson Thomaston
Galloway Ben T Colquitt Moultrie
Garrard Henry C Wilkes Washington
89
Representative
Gillis Hughil
Gowen Charles L
Green Paul
Greene Palmer H
Greer John W
Griffith Dr E F
Griggs J Herberti
Griswell C F
Groover M E
Gross Frank C
Hagan G Elliott
Hale Maddox J
Hall Steve M ljj
Hand FredJi
Harden C Z
Harden J Henry
Harper E G
Hartley J Fl
Hedden Ed
Henderson Waldo
Hill 0 W
Hilton Chester
Hinson Wayne
Hodges B Harvey
Hollis Howell
Holloway Herman J
Hood John S Jr
Hopkins Alva J Jr
Howard Pierre
Hubert H O Jr
Huddleston Grady L Hudson Hanson H Hi
Hunter Dr Grover C
Hurst Joek
Hurt Paul W Sr
Jenkins Leroy N
Jennings J L Sibley
Jessup Ben Js
Johnson Hammond Jr
Johnston Joe LE
Jolly Joe T
Jones Fred C Jr
County Post Office
Treutlen Soperton
Glynn Brunswick
Rabun Clayton
Crisp Cordele
Lanier Lakeland
Putnam Eatonton
Habersham Cornelia
Gwinnett Lawrenceville
Troup LaGrange
Stephens Toccoa
Screven H Sylvania
Dade Trenton
Toombs Lyons
Mitchell Pelham
Turner Asbbnrn
Ben Hill Fitzgerald
Spalding Giiffin
Crawford Roberta
Towns Hiawassee
Atkinson Lakeland
Meriwether Greenville
Montgomery 1Tarrytown
Ware Waycross
Butts Jackson
Muscogee Columbus
Schley Ellaville
Chatham Savannah
Charlton Folkston
DeTCalh Decatur
DeKalb Decatur
Fayette Fayetteville
Irwin Ocilla
Troup LaGrange
Quitman Georgetown
Polk Rockmart
Bartow Cartersville
Baldwin Milledgeville
Bleckley Cochran
Hall Gainesville
Worth Sylvester
Franklin Oarnesville
Lumpkin Dahlonega
90
Representative
Kellam Hamilton
Kemp Edwin S Kennedy J HenrySS
Key Wm Hicks
Kidd Culver
King Geronimo W
Kitchens Claud S
Langdale John W
Leach Dempsey W
Lewis John C
Lewis Miles Walker
Lockett W H
Lokey Leonard N1
McCracken J RoyJfi
McGarity Edward E
McGee George H
McLaughlin Dr J T
McMillan W CTt
McWhorter W Hugh
Malone Linton G
Mangum Byron B
Mashburn Marcus Sr
Mathews Sam M w
Mathis J E
Matthews Chappelle
Meeks William T Jr
Miller Henry M
Miller Lawton
Moore Hudson
Moore W R
Moulton E Russell
Mull Reed
Myers J Frank
Nightingale Bernard N
Page Owen H Jr
Pannell Chas A
Pearlman W G Buddie
Pickard A Mac1
Pittman Dr C S Sr
Raulerson 0 W
Ray Jack B
Reed Raymond M
County Laurens Post Office Dublin
Clayton Jonesboro
Tattnall Reids ville
Jasper Montieello
Baldwin Milledgeville
Chattahoochee Cusseta
Twiggs 1 Dry Branch
Lowndes Valdosta
Rockdale Conyers
Hancock Sparta
Greene Greensboro
Randolph Cuthbert
McDuffie Thomson
Jefferson Avera
Henry McDonough
Chatham Savannah
Wayne Jesup
Washington Sandersville 1
DeKalh Decatur t
Laurens Dublin
Columbia Grovetown
Forsyth Cumming
Peach Fort Valley
Lowndes Valdosta
Clarke Athens
Union Blairsville
Miller Colquitt
Bibb Macon
Dodpe Eastman
Taliaferro Sharon
Floyd Lindale
Fannin Blue Ridge
Sumter Americus
Glynn Brunswick
Chatham Savannah
Murray Chatsworth
Sumter Americas
Museogee Col ambus
Tift Tifton
Pierce Patterson
Warren Norwood
Cobb Marietta
91
Representative
Risner T HJL
Robertson B C
Rogers J ArtieT
Rowland Emory L
Ryle J L Salter H Doyal Sheffield John E Jr Shields I Lawrence
Sills F H SrBL
Simmons Walter F Sivell W D SHrrJ
Smiley C J
Smith Charles L
Smith Geo L II
Smith M M Muggsy Smith W K MD Stanton Robert H Jr
Stevens B W
Stevens E C
Stocks Jesse B
Summerour H C
Sumner Gordon S
Swindle J H
Tamplin Howard
Tarbutton B J
Terrell Vaughn E Tillman T Malcolm
Todd Wm G
Trapnell Algie J f j
Tribble Willie Mack
Trice Reginal k
Turk Josiah H
Tuten Andrew JJt
Twitty Frank S
Vandiver W Horace
Vickers Elmon B
Vickers Mica jah1
Waldrop J E
Walker Jim C
Walton Jesse L
Watford R L Sr
Wetherington J L
County Post Office
Hart Hartwell
Meriwether Manchester
Heard Franklin
Johnson Wrightsville
Ware Waycross
Upson Thomaston
Brooks Quitman
Muscogee Columbus
Candler Metter
Gilmer Ell i jay
Harris Chipley
Liberty Walthourville
Haralson Bremen
Emanuel Swainsboro
Fulton Atlanta
Bryan Pembroke
Newton Social Circle
Webster Preston
Marion Rnena Vista
Lee Leesburg
Dawson Dawson ville
Worth Sylvester
Rerrien Ray City
Morgan Madison
Washington Sandersville
Floyd Rome
Appling Surrency
Glascock Gibson
Rnlloeh Statesboro
Monroe Forsyth
Bibb Macon
Banks Maysville
Bacon Alma
Mitchell Camilla
Bibb Macon
Colquitt Moultrie
Coffee Douglas
Douglas Winston
Telfair McRae
Fulton Atlanta
Long Lndowici
Echols Jasper Fla
92
Representative County Post Office
White J Austin Gwinnett Buford
Whitworth Sam E Madison Hull
Wilkes Wilson B Cook Adel
Williams W B Sr Jones Haddock
Willingham Harold S Cobb Marietta
Willis 0 S Thomas Coolidge
Witherington Dr J F Wilcox Pineview
Wooten J 0 Jeff Davis Hazlehurst
A
MEMBERS
OF THE
GEORGIA HOUSE OF REPRESENTATIVES
BY COUNTIES AND POST OFFICES FOR THE TERM 19491950
County
Representative
Post Office
ApplingT Malcolm Tillman 4ASurrency
Atkinson aWaldo Henderson Lakeland
BaconAndrew J TutenAlma
BakerJohn M Ethredge Learv
BaldwinCulver KiddMilledgeville
BaldwinSj L Sibley Jennings4 Milledgeville
BanksJosiah H Turk Maysville
Barrow J Julian BennettWinder
BartowJefferson J L DavisCartersville
BartowLeroy N JenkinsCartersville
Ben HillJiiJ Henry Harden AriFitzgerald
BerrienJ H Swindle Ray City
Bibb Lawton MillerK ItMacon
BibbReginald TriceMacon
Bibb W Horace Vandiver Macon
BleckleyilBen Jessup Cochran
BrantleyC Winton AdamsNahunta
Brooks 4John E Sheffield JrQuitman
BryanW K Smith MDPembroke
BullochA S Dodd JrJStatesboro
BullochiTAlgie J TrapnellStatesboro
BurkeJones J Bargeron Sardis
BurkeFrank M CatesWaynesboro
ButtsB Harvey HodgesJackson
Calhoun JLiJ D Cowart Jr li Morgan
CamdenSB4dEA A Buie2White Oak
CandlerF H Sills SrMetter
Carroll iAlonzo W AlexanderCarrollton
CarrolliLIJ Ebb Duncan Carrollton
odge
looly
j j igberty
mMy
iiiylas
lily
chois
94
County Representative
Post Office
CatoosaJames Evitt Jr
CharltonAlva J Hopkins Jr
Chatham John S Hood JrfEi
ChathamKGeorge H McGeei
ChathamOwen H Page Jrj
ChattahoocheeGeronimo W Kingil
ChattoogaBobby Lee Cook
CherokeeHenry C Cagle
ClarkeC O Fat Baker
ClarkeChappelle Matthews
ClayliMRichard W Best
ClaytonwBEdwin S Kemp
ClinchTiMrs Iris F Blitch
CobbRaymond M Reed
Cobb1Harold S Willingham
CoffeeHenry C Ellis
CoffeeMicajah Vickers Jk
ColquittBen T Galloway JH
Colquitt Elmon B Vickers
ColumbiaByron B Man gundt
CookWilson B Wilkes
CowetaJ S CarmicaljSt4L
CowetaClifford A CranfordL
CrawfordJ F Hartley
CrispPalmer H GreeneH
Dade Maddox J Hale
DawsonH C Summerour
DecaturBLG F Battles Sr
DecaturS N Cox SrIJ
DeKalbPierre Howard
DeKalbJHBiH 0 Hubert Jr
DeKalbiW Hugh McWhorter
Dodge riL Hudson Moore
DoolyLeon F Beddingfield
DoughertyJames V Davis
DoughertyAdie N Durden
DouglasJ E Waldrop
EarlypSLeon H Baughman
EcholsJ L Wetherington
EffinghamChris W Edwards Ik
ElbertGuy T Bell
EmanuelH C Edenfield
Ringgold Folkston Savannah Savannah Savannah Cusseta Lyerly Canton Athens Athens Fort Gaines Jonesboro Homerville Marietta Marietta Broxton Douglas Moultrie Moultrie Grovetown Adel Sargent Newnan Roberta Cordele Trenton Dawsonville Bainbridge Bainbridge Decatur Decatur Decatur Eastman Vienna Albany Albany Winston Cedar Spring Jasper Fla Springfield Elberton Swainsboro
95
County
Emanuel
Evansh
FanninM
Fayette
Floyd
FloydiS
Floyd
Forsyth
Franklin
Fulton
FultonIII
Fulton
GilmerjjJir
Glascock
Glynn
Glynn
Gordon Grady
Greene1
Gwinnett GwinnettM Habersham
Hall
Hall 1
Hancock
Haralson
HarrisJll
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper fL
Jeff Davis Jefferson
Jenkins
Johnson
JonesB
Lamar
LanierI Laurens
Representative Post Office
Geo L Smith M Swainsboro
W L Roy AdamsClaxton
Reed Mull sBlue Ridge
Grady L HuddlestonFayetteville
Dean Covington Rome
E Russell MoultonLindale
Vaughn E TerrellEp Rome
Marcus Mashburn SrdJBCumming
Joe T JollvBSy4Carnesville
Luther Alverson JIL Atlanta
M M Muggsy Smith4 Atlanta
Jesse L WaltonirA Atlanta
Walter F SimmonsEllijay
Wm G ToddJI Gibson
Charles L GowenJgBrunswick
Bernard N NightingaleiiBrunswick
Henry L BarnettCalhoun
Perry M BaggettHHkd Cairo
rMiles Walker LewisAGreensboro
C F Griswellv Lawrenceville
J Austin White41Buford
J Herbert GriggsCornelia
Arvin E Barton Murrayville
Hammond Johnson JrjtJidMBJi Gainesville
John C LewisSparta
Charles L SmithE Bremen
W D Sivellw Chipley
T H Risnerg i Hartwell
J Artie RogersA Franklin
Edward E McGarity McDonough
H A AultmanPerry
Hanson H Hudson 4Ocilla
Jack McWhorter Mac BarberSmCommerce
Wm Hicks KevMMonticello
J O WootenkHazlehurst
J Roy McCrackenAvera
Leon AycockMillen
Emory L RowlandA4 Wrights ville
W B Williams SrAHaddock
J T ButlerBarnes ville
John W GreerALakeland
Hamilton KellamIL41u Dublin
96
County Representative Post Office
Laurens Liritnn G Malone Dublin
Lee Jesse B Stocks 1 Leesburg
Liberty G J Smiley Walthonrville
Lincoln John P Drinkard Lincolnton
Long R L Watford Sr Ludowici
Lowndes John W Langdale Valdosta
Lowndes J E Mathis Valdosta
Lumpkin Fred C Jones Jr Dahlonega
Macon Tom L Coogle Oglethorpe
Madison Sam E Whitworth Hull
Marion E C Stevens Buena Vista
McDuffie Leonard N Lokey Thomson
McIntosh Mose Edenfield Darien
Meriwether 0 W Hill Greenville
Meriwether R G Robertson Manchester
Miller Henry M Miller Colquitt
Mitchell Frerl Hand Pelham
Mitchell Frank S Twitty Camilla
Monroe Willie Mack Tribble Forsyth
Montgomery Chester Hilton Tarrytown
Morgan Howard Tamplin Madison
Murray Chas A Pannell Chatsworth
Muscogee Howell Hollis Columbus
Muscogee A Mac Pickard Columbus
Muscogee T Lawrence Shields Columbus
Newton Robert H Stanton Jr Social Circle
Oconee J Phil Campbell Jr Watkins ville
Oglethorpe Ralph S Collier Gomer
Paulding Wm L Denton Dallas
Peach Sam M Mathews Fort Valley
Pickens Wm Olen Cagle Sr Jasper
Pierce 0 W Raulerson Patterson
Pike William J Barrett Jr Zebulon
Polk W Roy Adams Cedartown
Polk Paul W Hurt Sr Rockmart
Pulaski D C Chalker Hawkinsville
Putnam Dr E F Griffith Eatonton
Quitman Joe Hurst Georgetown
Rabun Paul Green Clayton
Randolph W H Lockett Cuthbert
Richmond John C Bell Augusta
Richmond Rodney S Cohen Jr Augusta
97
County Representative Post Office
Richmond W Roscoe Coleman Hephzibah
Rockdale Dempsey W Leach Conyers
Schley Herman J Holloway Ellaville
Screven G Elliott Hagan Syl vania
Seminole Ellison Dunn Donalsonville
Spalding Arthur K Holton Griffin
Spalding E G Harper Griffin
Stephens Frank C Gross Toccoa
Stewart 1 J M Deason Lumpkin
Sumter J Frank Myers Americus
Sumter W G Buddie Pearlman Americus
Talbot H Chris Callier Talbotton
Taliaferro W R Moore Sharon
Tattnall J Henry Kennedy Reidsville
Taylor Garland T Byrd Reynolds
Telfair Jim C Walker McRae
Terrell Marvin Brazeal Dawson
Thomas Robt E Chastain Thomasville
Thomas 0 S Willis Coolidge
Tift Dr C S Pittman Sr Tifton
Toombs Steve M Hall Lyons
Towns Ed Hedden Hiawassee
Treutlen Hugh Gillis Soperton
Troup H W Caldwell LaGrange
Troup M E Groover LaGran pe
Troup Dr Grover C Hunter LaGrange
Turner C Z Harden Ash burn
Twiggs Claud S Kitchens Dry Branch
Union William T Meeks Jr Blairsville
Upson Robert A Freeman Thomaston
Upson H Doyal Salter Thomaston
Walker W L Abney LaFayette
Walker Albert Campbell LaFayette
Walton J E Briscoe Jr Monroe
Ware Wayne Hinson Waycross
Ware J L Ryle Waycross
Warren Jack B Ray Norwood
Washington W C McMillan Sandersville
Washington j B J Tarbutton San Hers ville
Wayne Dr J T McLaughlin Tesnp
Webster B W Stevens Preston
Wheeler Wallace Adams Glenwood
98
County Representative
WhiteMajor Dorsey
WhitfieldJohn E Bledsoe
WhitfieldW A Britton
WilcoxDr J F Witherington
Wilkes1Henry G Garrard
WilkinsonAlexander S Boone Sr
WorthJoe L Johnston
WorthGordon S Sumner
Post Office
Cleveland
Dalton
Dalton
Pineview
Washington
Irwinton
Sylvester
Sylvester
STANDING COMMITTEES
OF THE
HOUSE OF REPRESENTATIVES
TERM 19491950
101
ACADEMY FOR THE BLIND
Vandiver Chairman Griswell
Cowart ViceChairman Hudson
Pittman Secretary Johnson of Hall
Alexander Kitchens
Aycock McMillan
Baggett Mangum
Baker Mashburn
Barton Mathews of Peach
Boone Swindle
Britton Terrell
Carmical Trapnell
Coogle Trice
Deason Walton
AMENDMENTS TO THE CONSTITUTION No 1
Mathews of Peach Chairman Howard
Gowen ViceChairman Hurt
Bell of Richmond Secretary Jenkins
Abney Kellam
Adams Key
Aultman King
Baker Leach
Butler Lewis
Cates McMillan
Chalker Malone
Davis of Bartow Nightingale
Denton Pickard
Garrard Rowland
Gross Salter
Harper Trapnell
Hartley Twitty
Hedden Vickers of Coffee
Hollis Whitworth
Hood
AMENDMENTS TO THE CONSTITUTION No 2
Tuten Chairman Miller of Bibb ViceChairman Davis of Dougherty Secretary Aycock Beddingfield Britton
Cagle of Cherokee
Carmical
Cowart
Durden
Evitt
Griggs
Hubert
Hudson
Jenkins
Johnson of Hall Joiner
McWhorter
Myers
Page
Ryle
Sills
Simmons
Smiley
Smith of Bryan Stanton
Stevens of Webster
Stocks
Tillman
Tribble
Turk
Vandiver
Waldrop
APPROPRIATIONS
Ray Chairman Duncan ViceChairman Campbell of Oconee Secretary Adams of Wheeler Aultman
Bell of Richmond
Bennett
Best
Bird
Boone
Briscoe
Britton
Buie
Cagle of Pickens
Caldwell
Callier
Chalker
Coleman
Cook
Dodd
Edenfield
Evitt Galloway Greene of Crisp Griswell Hagen
Harden of Ben Hill
Harper
Hodges
Hopkins
Hudson
Johnston of Worth
Kemp
Kennedy
McGee
McWhorter
Moore
Moulton
Mull
Pannell
Raulerson
Reed
103
Rogers
Sills
Sivell
Smith of Haralson Smith of Fulton Swindle
AUDITING
Briscoe Chairman Dorsey ViceChairman Campbell of Walker Secretary Aycock
Cagle of Pickens
Deason
Evitt
Hall
Harper
Hedden
Holloway
Jessup
Lewis of Hancock
AVIATION
Shields Chairman Stanton ViceChaiman Abney Secretary Barber Barton Best Briscoe Carmical Greene of Crisp Greer Griffith Griggs Hudson Jenkins Jennings
Trapnell
Waldrop
Walker
Watford
Witherington
Williams
McWhorter
Malone
Meeks
Miller of Miller
Moore of Taliaferro
Risner
Shields
Smiley
Smith of Bryan Stevens of Webster Trapnell Waldrop Witherington
Johnson of Hall
Jones
Leach
Lokey
McWhorter
Malone
Matthews of Clarke
Robertson
Smith of Fulton
Todd
Trapnell
Vickers of Colquitt
Whitworth
Wilkes
104
BANKS AND BANKING
Edenfield of Emanuel Chairman Dunn ViceChairman Adams of Evans Secretary Aycock Barber Brazeal Buie Callier Collier Cook Greer Hedden Hill Hollis Holloway Hunter Johnston of Worth Key Lokey McWhorter Mathis Miller of Miller Robertson Salter Shields Smith of Fulton Swindle Willingham Williams
COMMERCE
Stevens of Marion Chairman Denton ViceChairman Leach Secretary Battles Brazeal Britton Carmical Dunn Edenfield of McIntosh Edwards Ethredge Evitt Freeman Griffith Harper Hodges Hollis Jennings Johnson of Hall Johnston of Worth Leach Lokey Malone Robertson Rowland Smith of Fulton Swindle Vickers of Colquitt
105
CONSERVATION
Gillis Chairman Hinson
Langdale ViceChairman Hood
Hopkins Secretary Hale
Adams of Brantley King
Adams of Wheeler McLaughlin
Battles Page
Buie Ryle
Campbell of Oconee Sheffield
Deason Sivell
Dodd Smith of Bryan
Edenfield of McIntosh Tuten
Edwards Waldrop
Galloway Wetherington
Harden of Ben Hill
CORPORATION
Lokey Chairman Edwards
Beddingfield ViceChairman Freeman
Groover Secretary Greer
Baker Hale
Barber Hollis
Bennett Hood
Blitch Jennings
Boone Miller of Bibb
Brazeal Risner
Covington Rowland
Denton Trice
Dunn Walton
Edenfield of Emanuel
COUNTY AND COUNTY MATTERS
Sills Chairman Barber
Alexander ViceChairman Baughman
Baggett Secretary Beddingfield
Adams of Brantley Best
Alverson Chalker
106
Cohen McGarity
Coleman Malone
Collier Mangum
Coogle Meeks
Cox Miller of Bibb
Denton Moore of Dodge
Freeman Moore of Taliafern
Hall Page
Hedden Pickard
Hilton Smith of Emanuel
Hodges Stevens of Webster
Hubert Stevens of Marion
Huddleston Trice
Hurst Watford
Kennedy Williams
King Willingham
Kitchens
DRAINAGE
Smith of Emanuel Chairman Howard
Ray ViceChairman Jennings
Shields Secretary Johnston of Worth
Adams of Wheeler Key
Battles Kidd
Bennett Lewis
Blitch Lokey
Briscoe McCracken
Byrd Matthews of Clark
Cates Pannell
Chalker Pearlman
Chastain Rowland
Davis Sills
Drinkard Smiley
Edenfield Smith of Fulton
Ellis Stevens
Ethredge Tarbutton
Garrard Twitty
Gillis Watford
Hill Willingham
107
EDUCATION No 1
Chairman Johnston of Worth
RD ViceChairman Key
rON Secretary Langdale
Aultman Leach
Aycock McCracken
Barber McMillan
Battles Mangum
Bennett Moore of Taliaferro
Blitch Pickard
Briscoe Pittman
Buie Raulerson
Caldwell Ray
Chastain Risner
Coleman Rogers
Collier Salter
Cook Smith of Haralson
Covington Smith of Emanuel
Cowart Smith of Bryan
Dodd Stanton
Drinkard Stevens of Marion
Edenfield of McIntosh Todd
Griffith T amplin
Gross Twitty
Hagan Vickers of Colquitt
Hall Walton
Harden of Ben Hill Whitworth
Hedden Wilkes
Hopkins Williams
Hunter
EDUCATION No 2
Durden Chairman Freeman ViceChairman Myers Secretary Alexander Baker Barton Best Bledsoe Brazeal Britton
Cagle of Cherokee
Cagle of Pickens
Campbell of Oconee
Davis of Daugherty
Deason
Duncan
Dunn
Edenfield of Emanuel
Edwards
Green of Rabun
108
Greer McLaughlin
Griggs Mashburn
Griswell Mathews of Peach
Hale Meeks
Harper Miller
Henderson Reed
Hodges Robertson
Hudson Sheffield
Jolly Todd
Jones Witherington
Kellam
ENGROSSING
Green of Rabun Chairman McGarity ViceChairman Byrd Secretary Barton
Bell of Richmond
Blitch
Denton
Durden
Henderson
Hollis
Hopkins
Kennedy
Key
McGee
Moulton
Myers
Pickard
Pittman
Robertson
Sheffield
Smith of Fulton Vickers of Colquitt Watford Witherington Whitworth
ENROLLMENT
Meeks Chairman Tamplin ViceChairman Galloway Secretary Bledsoe Boone Carmical Denton
Edenfield of McIntosh Ellis
Greer
Griswell
Hagan
Hurt
Jenkins
Jones of Lumpkin
Mashburn
Page
Panned
109
Ryle Sills Smith of Haralson Swindle Trice Walton Wilkes
EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE
Moore of Taliaferro Chairman Baughman ViceChairman Aycock Secretary Barnett Barton Bell of Richmond Best Bolton 4 Brazeal Britton Cagle of Pickens Edenfield of Emanuel Greer Hedden Hilton Hodges Holloway King McLaughlin Mangum Mathews of Peach Mathis of Lowndes Miller of Miller Pannell Ryle Smiley Stocks Tribble Tuten Whitworth
GAME AND FISH
Hinson Chairman Coogle ViceChairman Greene of Crisp Secretary Aycock Barton Briscoe Buie Coleman Collier Dunn Edenfield of McIntosh Edwards Gillis Gowen Green of Rabun Griggs Griswell Harden of Ben Hill Henderson Hood Jennings Jones
110
Lokey
Kennedy
Key
Lahgdale
Lewis of Hancock
Ryle
Sheffield
Shields
Smiley
Smith of Bryan
Stanton
Stevens of Marion
Stevens of Webster
Stocks
Trice
Tuten
Vickers of Colquitt Watford Wetherington Wilkes
GENERAL AGRICULTURE No 1
Vickers of Coffee Chairman Miller of Miller ViceChairman Campbell of Oconee Secretary Adams of Brantley Aultman Bargeron Barnett Barton Beddingfield Butler Byrd
Cagle of Cherokee
Callier
Collier
Chastain
Coleman
Coogle
Denton
Dunn
Ellis
Galloway
Garrard
Greene of Crisp
Harden of Ben Hill
Hill
Hilton
Holloway
Hudson
Hurst
Jessup
Jonhston of Worth
Jolly
King
Langdale
Lockett
Mathews of Peach
Moore of Dodge
McGarity
McLaughlin
Pearlman
Pittman
Ray
Risner
Robertson
Rogers
Ryle
Stevens of Marion
Summerour
Sumner
Swindle
Tamplin
Tuten
Walker
Williams
Willis
111
GENERAL AGRICULTURE No 2
Barrett Chairman Stevens of Webster VChairman Vickers Secretary Alexander Aycock Baughman Bell of Elbert Best Brazeal Briscoe Cook Cowart Cox Deason Duncan Edwards Hale
Harden of Ben Hill
Hartley
Henderson
Kellam
Kitchens
Lewis of Greene
Hodges
Sheffield
Sivell
Smith of Haralson Stanton
Stevens of Webster
Stocks
Trapnell
Vickers of Colquitt
Waldrop
Wilkes
Witherington
Whitworth
GENERAL JUDICIARY No 1
of Bartow Chairman Gross
ingale ViceChairman Hall
3 Secretary Howard
Alverson Hurt
Beddingfield Jenkins
Bell of Richmond Johnson of Hall
Bennett Kellam
Bledsoe Key
Byrd Lewis of Greene
Cohen McCracken
Covington McGee
Cranford McMillan
Davis of Dougherty Matthews of Clarke
Durden Mathews of Peach
Freeman Meeks
Gowen Miller of Bibb
Griggs Pannell
112
Reed
Salter
Smith of Emanuel
Twitty
Walker
Whitworth
GENERAL JUDICIARY No 2
Lewis of Hancock Chairman Chalker ViceChairman Bolton Secretary Abney Adams of Brantley Adams of Polk Aultman Baggett Barber Barnett Brazeal Cagle of Pickens Hale Hartley Hurst Jolly Mashburn Mull Raulerson Robertson Rogers Simmons Sivell Stanton Terrell Tillman Tribble Tuten Vickers of Coffee Waldrop Whitworth
GEORGIA SCHOOL FOR THE DEAF
Williams Chairman Carmical ViceChairman Hedden Secretary Barber Bell of Richmond Bolton Cagle of Pickens Covington Davis of Dougherty Drinkard Evitt Hopkins Jessup Kellam Moore of Dodge Moore of Taliaferro Page Reed Rogers Sills Sivell Summerour Todd Waldrop Watford Whitworth Wilkes Willis
113
GEORGIA STATE SANITARIUM
Kidd Chairman Boone ViceChairman Hunter Secretary Adams of Brantley Aycock Barber Barnett Baughman Beddingfield Bell of Elbert Bledsoe Byrd Callier Campbell of Oconee Collier Coogle Davis of Dougherty Benton Drinkard Edenfield of McIntosh Edwards Freeman Galloway Garrard Griffith Griggs Griswell Groover Hedden Hill Hilton Hinson Hollis Holloway Hood Howard Huddleston Jennings Jessup Johnston of Worth Jones King Lewis of Greene Lockett McLaughlin McWhorter Mashburn Miller of Bibb Moulton Myers Pickard Pittman Salter Sheffield Shield Smith of Haralson Stevens of Marion Stevens of Webster Stocks Summerour Trapnell Twitty Vandiver Walton Whitworth Williams Willis
HALLS AND ROOMS
Freeman Chairman Buie ViceChairman Best Secretary Baughman Bolton Butler Campbell Coleman
114
Coogle
Dunn
Ethredge
Galloway
Griggs
Harden of Ben Hill
Hill
Hilton
HISTORICAL
Smith of Fulton Chairman Stocks ViceChairman Hudson Secretary Baggett Barber Barrett Barton Baughman Beddingfield Blitch Chalker
Davis of Dougherty Dorsey Evitt Garrard Hedden Holloway Hood
HYGIENE AND
Smith of Bryan Chairman Sumner ViceChairman Witherington Secretary Abney Beddingfield
Hurst
Jessup
Kellam
Leach
Myers
Sheffield
Trice
Walton
RESEARCH
Hopkins
Hunter
Kennedy
McGarity
McGee
McLaughlin
Mathis of Lowndes
Miller of Bibb
Moulton
Pickard
Reed
Rogers
Sumner
Tribble
Turk
Vandiver
Walker
Wilkes
SANITATION H
liiik
Bolton
Brazeal
Carmical
Cates
Chalker
115
Collier
Ellis
Evitt
Gillis
Green of Rabun Groover Hunter Kellam
Mashburn
Miller of Miller
Pearlman
Pittman
Ray
Ryle
Salter
Willis
INDUSTRIAL RELATIONS
Rowland Chairman Gillis ViceChairman Walton of Fulton Secretary Alverson Bargeron Bennett Caldwell Chastain Davis of Bartow Durden Gowen Groover
Gross
Hagan
Hunter
McGee
Miller of Bibb
Ray
Reed
Stevens of Marion
Tarbutton
Twitty
Vandiver
Willingham
INSURANCE
Chastain Chairman Groover ViceChairman Reed Secretary
Adams of Wheeler
Adams of Evans
Bargeron
Covington
Dodd
Duncan
Dunn
Garrard
Gillis
Gross
Harper
Hudson
Jennings
Johnson of Hall
Key
Lewis of Hancock McCracken
116
Sills Trice
Smith of Haralson Smith of Emanuel Smith of Fulton Tarbutton Tuten Walker White
INTERSTATE COOPERATION
Smith of Emanuel Chairman McCracken ViceChairman Ray Secretary Lewis of Hancock Twitty
INVALID PENSIONS AND SOLDIERS HOME
Watford Chairman Butler ViceChairman Alverson Secretary Adams of Brantley Alexander Best Buie Cowart Cagle of Pickens Dodd Ellis Henderson Hinson Hodges Hudson Jessup Kennedy Mashburn Miller of Miller Moore of Taliaferro Reed Rogers Tillman Turk Willis Witherington
JOURNALS
Cox Chairman Lockett ViceChairman Willis Secretary Adams of Brantley Alexander Aultman Bolton Brazeal Butler Green of Rabun Groover Hagan Henderson Hood
117
Jessup Sivell
Lokey Tamplin
Mangum Terrell
Moore of Dodge Tillman
Page Watford
Rogers
LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT
Harden of Turner Chairman Gris well ViceChairman Hurst Secretary
Adams of Polk
Baker
Bolton
Boone
Butler
Cohen
Ethredge
Go wen Hg
Hale io Hopkins ix
Huddleston
Hudson
Kellam
King
Kitchens
McWhorter
Pickard
Shields
Sills
Summerour
Trice
Wetherington
MANUFACTURERS
Caldwell Chairman Kennedy ViceChairman McGee Secretary Baggett Butler
Davis of Bartow Durden Henderson Hill
Holloway
Hood
Huddleston
Hunter
Hurst
Lockett
Lokey
Moore of Taliaferro
Nightingale
Stocks
Swindle
Terrell
Trice
Vickers of Coffee Willis
118
MILITARY AFFAIRS
Howard Chairman Hopkins
Sheffield ViceChairman Kellam
Mull Secretary Kidd
Alverson Lewis of Greene
Aultman McMillan
Barber Mathis of Lowndes
Best Meeks
Bledsoe Miller of Bibb
Britton Page
Campbell of Oconee Smith of Haralson
Cohen Stevens of Marion
Cook Turk
Cox Walker
Durden Wilkes
Griffith Willingham
Henderson White
Hinson
MINES AND MINING
Jenkins Chairman Kitchens
Adams of Polk ViceChairman Lockett
Jones Secretary Meeks
Bell of Elbert Moore of Dodge
Campbell of Oconee Mull
Collier Moulton
Cox Pannell
Davis of Bartow Simmons
Duncan Smith of Fulton
Griffith Tribble
Hurst Turk
Hurt Vickers of Coffee
Jolly
MOTOR VEHICLES
Adams of Wheeler Chairman Abney
Johnson of Worth ViceChairman Aycock
Gillis Secretary Bargeron
Adams of Polk Baughman
119
Covington McGee
Duncan McMillan
Edenfield of Emanuel Mathis of Lowndes
Freeman Matthews of Clarke
Griffith Miller of Bibb
Hall Mull
Harden of Turner Raulerson
Harden of Ben Hill Reed
Hartley Salter
Hill Shields
Hinson Sills
Hood Simmons
Hunter Sivell
Jessup Stevens of Webster
Jolly Stocks
Jones of Lumpkin Summerour
Kemp Tillman
King Trice
Langdale Vandiver
McCracken Wetherington
McGarity Willis
MUNICIPAL GOVERNMENT
Bennett Chairman Greer
Mathis of Lowndes VChairman Hale
McWhorter Secretary Hollis
Abney Hood
Barnett Hudson
Bledsoe Key
Caldwell McCracken
Chastain McGee
Cranford Matthews of Clarke
Cohen Miller of Bibb
Davis of Bartow Miller of Miller
Durden Myers
Edenfield of McIntosh Nightingale
Galloway Raulerson
Gowen Risner
Green of Rabun Rowland
120
Salter
Sills
Smith of Fulton
Terrell
Todd
Tuten
Vickers of Colquitt Vickers of Coffee Walker Walton
PENITENTIARY
PENSIONS
Huddleston Chairman Dorsey
Walker ViceChairman Duncan
Hartley Secretary Galloway
Butler Greer
Britton Griswell
Callier Kemp
Covington Kitchens
121
Lewis of Greene Terrell
Myers Tribble
Raulerson Vandiver
Smith of Haralson Watford
Stanton White
Tamplin
PRIVILEGES AND ELECTIONS
Swindle Chairman Bledsoe ViceChairman Raulerson Secretary
Adams of Brantley
Bolton
Boone
Buie
Baggett
Caldwell
Cohen
Cranford
Cook
Dorsey
Ethredge of Baker
Holloway
Hubert
Hurt
Huddleston Lewis of Greene Mathis of Lowndes Mull
Moore of Taliaferro
Pittman
Sumner
Todd
PRIVILEGES OF THE FLOOR
Edenfield of McIntosh Chairman Tribble ViceChairman Moore of Dodge Secretary Alverson Barrett
Campbell of Walker
Cowart
Cox
Duncan
Harden of Turner Kitchens
Mashburn
Mathews of Peach
Moulton
Nightingale
Page
Simmons
Summerour
Sumner
Turk
White
Witherington
122
PUBLIC HIGHWAYS NO 1
Cates Chairman Kemp ViceChairman Sivell Secretary Baggett Barton Beddingfield Callier Collier Dorsey Edenfield of McIntosh Edwards Galloway Gillis Greene of Crisp Griggs Harden of Turner Henderson Huddleston Johnston of Worth Jones Kennedy King Kitchens McMillan Mangum Pittman Pickard Simmons Stevens of Webster Tamplin Trice Trapnell Witherington Williams Wilkes
PUBLIC HIGHWAYS NO 2
Tarbutton Chairman Terrell ViceChairman Cagle of Cherokee Secretary Adams of Evans Adams of Polk Baughman Bledsoe Briscoe Britton Butler Cagle of Pickens Caldwell Campbell of Walker Coleman Coogle Cowart Cox Davis of Dougherty Dunn Edenfield of Emanuel Freeman Hall Harden of Ben Hill Hartley Hinson Holloway Jolly Langdale McGarity Mull Raulerson Ryle Stocks White
123
PUBLIC LIBRARY
Harden of Turner Chairman Bell of Elbert ViceChairman Simmons Secretary
Adams of Polk
Alverson
Baker
Bell of Richmond Boone
Campbell of Walker
Galloway
Hilton
Hunter
PUBLIC
Drinkard Chairman Todd ViceChairman Cagle of Pickens Secretary Barnett Battles
Campbell of Oconee Carmical Davis of Bartow Deason
Edenfield of Emanuel Hodges
Kidd
McGarity
Matthews of Clarke
Moulton
Mull
Myers
Pannell
Risner
Stevens of Webster Vickers of Coffee Walton Willingham
PRINTING
Hunt
Hartley
Kidd
King
McLaughlin
Mangum
Page
Pearlman
Sumner
Turk
PUBLIC PROPERTY
Blitch Chairman Barton
Callier ViceChairman Brazeal
Lewis of Greene Secretary Covington
Adams of Wheeler Cowart
Adams of Evans Dorsey
Barrett Hinson
Baughman Hodges
124
Hurt
Kennedy
Langdale
Mangum
McLauglin
Nightingale
Stocks
Tillman
Todd
Vickers of Coffee
Walker
Watford
Wetherington
White
Williams
PUBLIC UTILITIES
Salter Chairman Ryle ViceChairman Aultman Secretary Abney
Adams of Evans
Butler
Baggett
Cranford
Dodd
Dorsey
Duncan
Davis of Dougherty
Evitt
Griswell
Harper
Jones
Meeks
Pickard
Smith of Haralson
Simmons
Tillman
Tribble
Wilkes
PUBLIC WELFARE
Greer Chairman Witherington ViceChairman Hodges Secretary
Adams of Evans
Adams of Polk
Aultman
Baughman
Bell of Richmond
Cagle of Cherokee
Callier
Campbell of Walker
Coleman
Cook
Cranford
Duncan
Ellis
Griffith
Hubert
Mashburn
Mathis of Lowndes
Raulerson
Sumner
Tamplin
Turk
Wetherington of Echols Willingham
125
RAILROADS
Hagen Chairman Griffith ViceChairman Edwards Secretary
Adams of Evans
Alexander
Alverson
Cagle of Cherokee
Campbell of Walker
Cohen
Dunn
Evitt
Green of Rabun
Harden of Turner
Hilton
Hunter
Kennedy
Kitchens
Mathis of Lowndes
Meeks
Raulerson
Risner
Terrell
Walker
RULES
The Speaker Chairman Twitty ViceChairman Lewis of Hancock Secretary Adams of Wheeler Bargeron Bennett Blitch Byrd Cates Chastain Cohen Cowart
Davis of Bartow
Drinkard
Duncan
Edenfield of Emanuel
Ethredge
Garrard
Gillis
Greene of Crisp
Gross
Hilton
Hood
Howard
Huddleston
Jennings
Kidd
Lockett
Lokey
McCracken
McGarity
McMillan
Mathews of Peach
Miller of Miller
Miller of Bibb
Pannell
Pearlman
Ray
Rowland
Salter
Shields
Sills
Smiley
Smith of Emanuel
Smith of Bryan
Tarbutton
Tuten
Walton
126
SANITARIUM AT ALTO AND ROME
Covington Chairman Hubert ViceChairman Cranford Secretary Barnett Britton Bledsoe
Cagle of Cherokee Campbell of Walker Cook
Greene of Crisp
Gross
Hedden
Hollis
Jenkins
Johnson of Hall Matthews of Clarke Moulton Mull
Pearlman
Summerour
Sumner
Turk
White
SPECIAL APPROPRIATIONS
Smiley Chairman Gowen
McLaughlin ViceChairman Green of Rabun
Brazeal Secretary Hartley
Barnett Howard
Beddingfield Hunter
Campbell of Walker Johnson of Hall
Coogle Lewis of Green
Cox Robertson
Deason Sheffield
Denton Terrell
Drinkard Tribble
Durden Wilkes
Edwards Willis
Freeman
SPECIAL JUDICIARY
McMillan Chairman Dodd
Malone ViceChairman Ethredge
Meeks Secretary Garrard
Battles Hubert
Bell of Elbert Kellam
Best Kemp
Cagle of Cherokee Risner
Campbell of Walker Sheffield
Carmical Willingham
Cates Witherington
Deason
127
STATE OF THE REPUBLIC
McCracken Chairman Bargeron ViceChairman Pannell Secretary
Adams of Wheeler Battles
Bell of Elbert
Bennett
Blitch
Boone
Brazeal
Briscoe
Byrd
Callier
Cates
Chalker
Chastain
Coleman
Coogle
Davis of Bartow Drinkard
Edenfield of Emanuel Ellis
Ethredge
Garrard
Gillis
Green of Rabun
Gross
Hill
Hood
Hopkins
Howard
Huddleston
Jennings
Kemp
Kidd
Leach
Lewis of Hancock
Lockett
Lokey
McGarity
McMillan
Mangum
Miller of Miller
Moore of Dodge
Pearlman
Ray
Risner
Robertson
Rowland
Ryle
Sills
Smiley
Smith of Bryan
Smith of Emanuel
Stephens of Marion
Tamplin
Tarbutton
Terrell
Tuten
T witty
Walker
STATE PRISON FARMS
Stevens of Marion Chairman Blitch
Hall ViceChairman Buie
Hurt Secretary Cagle
Adams of Brantley Callier
Alexander Cox
Barrett Cranford
Bell of Elbert Deason
128
Dodd
Green of Rabun
Harper
Hartley
Henderson
Kennedy
Kitchens
Malone
Matthews of Clarke
Mull
Sheffield
Sivell
Stanton
Tamplin
Todd
Tuten
Vandiver
Vickers of Coffee
Walker
Watford
White
Witherington
Williams
TEMPERANCE
Ethredge Chairman Pearlman ViceChairman Willingham Secretary Alverson Bargeron Battles Chastain Cohen Coleman Coogle Durden
Edenfield of Emanuel Edenfield of McIntosh Gowen Gross
Hall
Key
McGee
McCracken
Miller of Bibb
Nightingale
Page
Reed
Smiley
Smith of Emanuel
Smith of Fulton
Tarbutton
Twitty
Willis
TRAINING SCHOOLS
Jennings Chairman Williams ViceChairman Cohen Secretary
Adams of Wheeler Adams of Evans Adams of Polk
Baker
Bell of Elbert Byrd
Cagle of Cherokee Callier
Greene of Crisp
129
Harden of Turner Kidd
Harper Moore of Dodgi
Hurt Ray
Jolly Stanton
UNIFORM STATE LAWS
Risner Chairman Johnson
Hilton ViceChairman Kemp
Mangum Secretary Kitchens
Alexander Langdale
Baggett Malone
Cagle of Cherokee Moore of Dodge
Carmical Rogers
Coogle Summerour
Davis of Dougherty Todd
Hale White
Harper Willingham
Hubert
UNIVERSITY SYSTEM OF GEORGIA
Pannell Chairman Matthews of Clarke VChm Baker Secretary Abney
Adams of Polk Alexander Aultman Barrett
Bell of Richmond
Bell of Elbert
Bennett
Best
Briscoe
Butler
Byrd
Caldwell
Campbell of Oconee
Cohen
Coleman
Collier
Covington
Cranford
Dodd
Duncan
Ellis
Gowen
Greene of Crisp
Hagan
Hale
Hall
Harden of Ben Hill
Hartley
Hill
Hollis
Howard
Hubert
Hurt
Jenkins
Jennings
Johnson of Hall
Jolly
Jones
Key
Kidd
Langdale
Leach
Lewis of Hancock
Lokey
McCracken
McGee
McWhorter
Malone
Mashburn
Mathews of Peach
Moore of Dodge
Moore of Taliaferro
Moulton
Myers
Nightingale
Page
Pearlman
Pittman
Rowland
Sheffield
Smith of Haralson
Smith of Fulton
Swindle
Tarbutton
Trapnell
Tribble
Vickers of Coffee
Waldrop
Willingham
VETERANS AFFAIRS
Chairman Jennings
ViceChairman Johnson
i Secretary Jolly
Abney Jones
Barnett Kemp
Baughman Langdale
Bargeron Leach
Beddingfield McGarity
Bell of Richmond Nightingale
Bennett Pittman
Brazeal Reed
Briscoe Robertson
Buie Shields
Campbell of Walker Stanton
Cranford Sumner
Hagan Tuten
Huddleston Vandiver
Hudson Vickers of Colquitt
Jenkins
131
WAYS AND MEANS
Gross Chairman Willingham ViceChairman Key Secretary Adams of Brantley Adams of Evans Alverson Aycock Bargeron Barton Barrett Battles Blitch Bolton Carmical Cates Coogle Chastain Dorsey Dunn Ellis Ethredge Gowen Griggs Groover Harden of Turner Hill Holloway Hubert Jessup Kidd Leach Hollis Lokey McCracken Mathis of Lowndes Matthews of Clarke Moore of Taliaferro Nightingale Page Pearlman Pickard Ray Salter Shields Smiley Smith of Emanuel Stevens of Marion Sumner Tamplin Tarbutton Trice Twitty Vickers of Coffee Wether ington
WESTERN AND ATLANTIC RAILROAD
Evitt Chairman Campbell of Walker VChairman Hale Secretary Abney Adams of Brantley Adams of Evans Alverson Aycock Baggett Bargeron Barrett Bell of Elbert Best Boone Buie Cagle of Pickens Caldwell Callier Cates Chalker
132
Coogle
Cook
Covington
Davis of Dougherty
Deason
Dorsey
Drinkard
Durden
Edenfield of McIntosh
Greene of Crisp
Green of Rabun
Greer
Griggs
Gross
Hagan
Hall
Harden of Turner
Heard
Hinson
Hopkins
Howard
Hubert
Hurst
Jenkins
Jessup
Johnston of Worth
Jolly
Kemp
Kidd
Leach
Lockett
McCracken
McLaughlin
McWhorter
Malone
Mathews of Peach Meeks
Moore of Dodge
Mull
Myers
Pearlman
Ray
Sheffield
Simmons
Sivell
Summerour
Tillman
Trapnell
Tuten
Twitty
Vickers of Colquitt Watford Wetherington Willis
Willingham
133
RULES OF THE HOUSE OF REPRESENTATIVES
135
jlfcSpf i il1
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 the 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 will say Aye Those opposed will say No And when a decision may seem doubtful to the Speaker or a division of the House is called for by any one member of the House the 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
Discretion of Speaker
When Speaker shall vote
Right of member to the floor to be decided by the Speaker
Appointment of Committees
Methods of stating a question by Speaker
137
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
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
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 8 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 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
138
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 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
When members may address the House
Power of Speaker to suspend subordinate officers
When Speaker may order galleries and lobbies cleared
No quorum voting duty of Speaker
When Speaker may order vote taken by yeas and nays
139
Decisions on questions of priority
Conduct of members in debate
Time
extended
how
Expulsion
Rule 16 All questions as to the priority of business to be acted on shall be decided by the Speaker without debate
i writ
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 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
No member of the House shall occupy the floor longer than one 1 hour in debating any question unless otherwise ordered by the House and any motion to limit or extend the time of individual speeches shall be decided without debate No such motion shall prevail unless it shall receive the affirmative votes of twothirds of those voting Such motion may be made at any time that the movant thereof may legitimately obtain the floor
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 offense shall be reproved for the second fined in a sum not exceeding ten dollars and continuing refractory may be expelled from the House by a twothirds vote of the members which said vote shall be taken by yeas and nays and recorded on the Journal of the House
I silent
140
Rule 18 If any member be called to order for words spoken the words excepted to shall be taken down 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 any 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 questions 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
Exception to words spoken Proviso
Silence
Mode of
designating
members
House how addressed Questions and interruptions
141
Shall not vote when interested in result
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
Laudatory and disparaging remarks when forbidden
Rule 22 No member shall vote upon any question in the result of which he is immediately and particularly interested In every cse where the seat of a member is being contested the sitting member and the contestant shall both retire from the House before the vote is taken
Rule 23 Any member may enter a protest in writing against the action of the House said protest shall clearly and succinctly set forth the grounds of such protest and shall not be argumentative nor arraign nor impugn the motive of the House nor any member thereof and such protest shall be entered by the Clerk upon the Journal of the House
Rule 24 No member shall converse with any one over the bar of the House
Rule 25 No member shall be permitted to enter upon the floor of the House or remain thereon in an intoxicated condition and the Messenger and the Doorkeepers of the House are specially charged with the rigid enforcement of this rule
Rule 26 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 27 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 28 In nominating candidates for any office no laudatory remarks shall be allowed nor shall any other candidate be disparaged
142
Rule 29 Applause or hisses in the Representative chamber or in the galleries or lobby during any speech or legislative proceedings shall be promptly suppressed
Rule 30 During the calling or reading of yeas and nays on any question no debate shall be had
Rule 31 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 32 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
Rule 33 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 34 Every member within the hall when a question is put shall vote unless he is immediately and particularly interested therein or the House shall excuse him A motion to 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
Applause and hisses forbidden
No debate during yeas and nays
Only one motion can be made at a time
Explanation
Reading of papers
When members shall vote
Motion to excuse when made Excuses from voting
143
Call for a division
Division how made
Qualifying paragraph exception and provision
Strike out and insert not divisible
Bills and resolutions called in order Proviso
debate except that the member making the motion may briefly state the reason why in his opinion it ought to prevail
Rule 35 No member shall be allowed to address himself to any question and then make any motion the effect of which is to cut off debate without relinquishing the floor
DIVISION OF A QUESTION
Rule 36 Any member may call for a division of the question on a subject in which the sense thereof will admit of it
Rule 37 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 38 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 39 A motion to strike out and insert is an indivisible proposition
Rule 40 All bills and resolutions shall be called in the numerical order in which they stand on the calendar and before reading any bill or resolution the second or third time the Clerk shall distinctly state its number and the name of the member by whom introduced provided that House and Senate bills and resolutions adversely reported shall not be taken up for a second read
144
ing 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 of In order that the proper numerical order may be accurately and fairly determined as between bills and resolutions it shall be the duty of the Clerk to place on each bill and resolution as same is read the first time a number following the numerical order in which said bills and resolutions are read the first time adopting one series of numbers and the same series of numbers for both bills and resolutions and not a separate series of numbers as heretofore practiced
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 be submitted in writing and reported upon by the Committee on Rules before being submitted to the House
Rule 42 The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent for the introduction of new matter nor to read any bill or resolution the second time or any local bill or resolution a third time or to put any local bill or resolution upon its passage or to recommit a bill or resolution or to withdraw from one committee and recommit to another a bill or resolution except during the first thirty minutes after the confirmation of the Journal or after the reading of the Journal has been dispensed with The Speaker shall not recognize any member at any time for the purpose of asking
Effect of unanimous consent
145
Suspension of rules
unanimous consent to put any general bill or resolution upon its passage or to read such bill or resolution second time and recommit The Speaker shall entertain but one unanimous consent at any time
The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to make a special order or to change the order of business except that by unanimous consent an order of business may be fixed for the period of Unanimous Consents
The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to cast his vote on any motion resolution amendment bill or other question nor shall any member be permitted to cast his vote on any motion resolution amendment bill or other question until the question is put to the House by the Speaker on viva voce vote or division of the House or until after the roll call has begun
The Speaker shall entertain but one unanimous consent at any one time
Rule 43 The rules of this House known as Constitutional rules shall in no case be suspended all other rules shall in no case be suspended nor changed nor the order of business be changed except by a vote of twothirds of the members voting Provided however that in order to so change or suspend the rules or change the order of business said twothirds so voting in favor of said change or suspension shall constitute a majority of the members of the whole House
146
Rule 44 No suspension pr changes or addition to these rules shall be made unless such proposed change or addition or suspension of these rules be first referred to the Committee on Rules and reported back to the House Provided however that immediately after the confirmation of the Journal on the day following the introduction in the House of the proposed change or addition to these rules the Committee on Rules shall report the same back to the House A failure to so report such proposed change or addition to these rules for two days shall automatically bring said proposed change or addition before the House for consideration
Rule 45 Any motion to suspend rules or change the rules or change the order of business shall be decided without debate Provided however that whenever a report from the Committee on Rules is submitted to the House the questions arising on said report shall be debatable until the report of the Committee is agreed to or diagreed to or the main question is ordered There shall be no debate however on the report of the Committee on Rules during the last twentyone days of the session
Rule 46 It shall be in order to introduce bills or other matter upon the call of the counties without any previous notice having been given for that purpose
Rule 47 No debate shall be admitted upon any Bill at the first reading Upon the introduction of any Bill or Resolution or other matter requiring reference to a Committee the Speaker shall as a matter of course and without debate commit the
No debate
Bills etc when introduced
No debate on first reading
147
Effect of favorable report of committee
Bills when withdrawn
same to the proper committee unless otherwise ordered by the House
No bill or resolution shall be engrossed except upon the affirmative vote of twothirds of the members present No member shall be recognized at any time for the purpose of asking unanimous consent to engross a bill or resolution When a motion to engross is made which motion may be made upon reading the bill the first time and at no other time no debate shall be permitted except that the movant may speak to his motion not longer than five minutes and any one other member of the House may speak in opposition thereto for five minutes In case of engrossment of any bill or other matter the entry thereof shall be made by the Clerk and the Bill or other matter shall not be amendable thereafter unless subsequently committed In cases where the report of a committee is favorable to the passage of a bill the same shall be read a second time and passed to a third reading without question Where the report of a committee is adverse to the passage of a bill on the second reading thereof the question shall be on agreeing to the report of the committee If the report of the committee is agreed to the bill shall be lost If the report of the committee is disagreed to the bill shall be passed to a third reading unless recommitted Any bill may be withdrawn at any stage thereof by consent of the House
When motion is made to refer a bill or resolution to a committee other than the one to which it is referred by the Speaker even though instructions be added no debate shall be permitted except that movant may speak to his motion not longer than five minutes and any one other member of
148
the House may speak in opposition thereto for five minutes No debate shall be permitted unless instructions are added
All resolutions providing for appointment of committees of inquiry or investigation and any and all other resolutions not privileged except motions for information from the Executive Department and any other Department of the State Government shall be referred by the Speaker to the appropriate committee unless by order of the House referred to some other committee
Rule 48 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 49 No bill shall be printed until after the same has been reported to the House by the Committee to which it has been referred The Clerk shall cause each bill or resolution of general application that has been favorably reported by committee to be printed No bill or resolution of general application shall be read the third time until the same has been printed unless a majority of a quorum shall vote otherwise The House may at any time by a vote of a majority of a quorum suspend action upon any pending bill or resolution of general application until the substitutes or amendments offered thereto have been printed
Rule 50 All proceedings touching the appropriating of money shall be considered in the Committee of the Whole House
Rule 51 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
Adverse
report of
committee
Transmission
to Senate
majority
vote
Bills when printed
Committee of the Whole House See Rule 106 et al
Bills and Resolutions to be in writing How indorsed
149
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
Reports of Rule 52 Where a bill or resolution has been
committees
ction f 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 th Whole House shall be first acted on by the House
Rule 53 The Committee on Rules during the last twentyone days of each session shall arrange 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 a vote of a majority of all of the members elected to the House During the period of operation under this rule the calendar or order of business fixed by committee on rules shall be read by the clerk immediately after Confirmation of the Journal of each morning session and immediately after Call of the Roll of each afternoon session and any motion to amend such report either by striking inserting or changing the order shall be made within the first thirty minutes after the reading of such report After the reading of such report and announcement by the Speaker that it is in order for such motions to be made and no such motions being made the House shall proceed to business under the calendar so fixed after which no such motion shall be made during that session No such motion to amend the report of the Corn
150
mittee on Rules shall be debatable during the period of operation under this Rule
PRECEDENCE OF MOTIONS
Rule 54 When any subject is before the House for consideration or under debate no motion shall be received except the following towit
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
9th A motion to print
Which said motions shall have precedence in the order in which they stand as above arranged
MOTION TO ADJOURN
Rule 55 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 56 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 57 The motion to adjourn can be made at any time when the member moving it can legitimately obtain the floor
Order of precedence
Not debatable when may be renewed When made
When made debatable
151
When not in order
Effect of adjournment
Hour of
adjournment
What
business
postponed
Amendment or substitute cannot be laid on table
How Matters may be taken from table
Rule 58 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 but in such cases the rollcall shall be completed the vote counted and the result finally announced before a motion to adjourn shall be in order
Rule 59 When a motion to adjourn in its simple form prevails it adjourns the House to the next sitting day or time in course
Rule 60 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 the main question has been ordered and before the vote on the main question is being taken either bya division or by the yeas and nays as aforesaid the House shall stand adjourned by virtue of said prior resolution
MOTIONS TO LAY ON TABLE
Rule 61 No motion to lay an amendment or substitute on the table shall be in order
Rule 62 A majority of a quorum voting may take from the table at any time when the House
152
is not engaged on any other measure any bill resolution or other paper which has been ordered to lie on the table and when so taken up the same is thereby restored to its appropriate place on the calendar
Rule 63 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 64 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 the table prevailed
Rule 65 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
Rule 66 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 67 Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable
Effect of vote to table
Effect of vote to take from table
No motion to table in order until rollcall is completed
When
renewed
Not debatable or amendable
153
What can be tabled
When in order
Effect of
previous
question
Rule 68 Nothing can be legitimately laid on the table excepting what can be taken up again
Rule 69 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 shall be now put no motion to lay on the table is in order
THE MOTION FOR THE PREVIOUS QUESTION
Rule 70 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 towit Shall the main question be now put is decided in the affirmative by a majority of a quorum all other motions except one to reconsider the action in ordering the main question will be out of order and the House cannot adjourn until the previous question is exhausted or the regular hour of adjournment arrives But no motion to reconsider the action of the House in ordering the main question shall be in order after the Clerk has called the first name on call of the ayes and nays and the vote of any member has been given or after a division of the House has been had on the vote and the vote is in process of being counted and announced in such cases the roll call shall be completed the vote counted and the result finally announced
Rule 71 When the previous question has been ordered the House shall then proceed to act on the main question without debate except that before the main question is put twenty minutes shall be allowed to the committee whose report of the bill or other measure is under consideration to close the debate Where the report of the committee is adverse to the passage of the bill or other measure the introducer of the billshall be allowed twenty minutes before 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 72 After the main question is ordered any member may call for a division of the House in taking the vote or may call for the yeas and nays if the call for the yeas and nays is sustained by onefifth of the members voting the vote shall be taken by the yeas and nays and so entered on the Journal
Rule 73 The effect of the order that the main question be now put is to bring the House to a vote on pending questions in the order in which they stood before it was moved
Rule 74 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
Twenty
minutes
debate
allowed
Vote how taken
Effect of main question being ordered
Contested
Election
155
How Called and Ordered
Call of the House when in order
Question of order
Effect
Not amendable
When cannot be applied
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 75 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 76 A call of the House shall not be in order after the previous question is ordered unless it shall appear upon an actual count by the Speaker that a quorum is not present
Rule 77 All incidental questions of order arising after a motion is made for the previous question and pending such motion shall be decided whether on appeal or otherwise without debate
MOTIONS TO INDEFINITELY POSTPONE
Rule 78 When a bill resolution or other measure is under consideration on the final reading thereof 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 79 The motion to indefinitely postpone lays open the whole question for debate but it cannot be amended
Rule 80 While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain or to commit or amend yet this motion cannot be applied to said motions nor can
156
it be applied to incidental questions such as questions of order reading of papers withdrawal of a motion and suspension of a rule
Rule 81 No motion to indefinitely postpone shall be renewed on any bill resolution or other measure after the same has been voted down
MOTION TO POSTPONE TO A DAY CERTAIN
Rule 82 The motion to postpone a bill resolution or other measure to a day certain when decided in the affirmative by a majority of a quorum removes the subject from before the House until the time designated and makes it a privileged question for that day so selected
Rule 83 If the motion to postpone a bill a resolution or other measure is decided in the negative it leaves the question before the House as it was before the motion was made and it cannot be moved a second time on same day or at the same stage of the proceeding
Rule 84 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 85 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 86 On a motion to postpone to a day certain it is not in order to debate the merits of
Not renewed
Effect of
negatvie
vote
May be amended
To a day beyond the session
Debate when and how allowed
157
Motion how applied
Motion to commit
Precedence
of
When
debatable
How
amended
Motion to recommit
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 87 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 88 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 89 A motion to commit to a standing committee takes precedence over a motion to commit to a special committee and shall be first voted on but where a motion is made that a bill resolution or other measure be committed to the committee of the whole House this motion shall be put before either of the above named motions
Rule 90 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 91 A motion to commit may be amended by adding instructions or by substituting another committee for the one named by the member making the motion
Rule 92 Any proposition that has been referred to any committee either standing or special
158
may on motion be recommitted to the same or any other committee by a majority of a quorum
Il lei
iigidly t
e maid
a staniti don to E first t bill res to tie
MOTIONS TO AMEND
Rule 93 There are three ways in which a proposition may be amended towit
1st By inserting or adding words
2d By striking out words
3d By striking out and inserting words
An amendment is itself subject to be amended in all three of the ways above mentioned but it is not admissible to amend an amendment to an amendment
Rule 94 A substitute is simply an amendment it is in effect a motion to strike out all after the enacting clause of a bill or the word Resolved in a resolution and insert that offered as a substitute
Rule 95 When a bill or resolution is before the House for consideration and amendments are pending thereto and a substitute shall be offered for said bill or resolution and an amendment shall be offered to said substitute it shall be in order for the 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 96 An amendment cannot be offered after the report of the committee to which was referred the bill or resolution under consideration
Amendments how made
Substitute
Bill first perfected then the substitute
When too late to amend
159
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
Must be in writing Rule 97 All motions to amend any matter before the House 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
Priority Rule 98 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
Blanks Rule 99 Where blanks occur in any proposition they must be filled first before any motion is made to amend
Caption when amended Rule 100 The caption or preamble of a bill or resolution shall not be considered or amended until the measure has been perfected
Amending by sections Rule 101 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 sam 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 and amend it
160
Rule 102 No motion on a subject different from that under consideration shall be admitted under color of amendment
Rule 103 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 104 When a motion is made to amend by striking out a part of a bill or resolution any amendment offered to perfect the part proposed to be stricken shall be put first before the question is put for striking it out
Rule 105 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 cannot be further amended it must be agreed to or voted down
Rule 106 A motion to amend an amendment made by the Senate to the House bill or resolution takes precedence over a motion to agree to disagree to said amendment
Rule 107 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
Amendments by striking out and inserting
Priority of amendment to perfect
Amending
Senate
Amendments
See Rule 125
Priority
Priority of questions on Senate amendments
161
3d A motion to recede from its disagreement or amendment
Majority necessary to adopt Senate Amendment or Conference Committee Report
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
The Speaker is authorized on his own motion or upon point or order being made when in his opinion a Senate Amendment to a House Bill is not germane or if adopted would render the bill unconstitutional to rule out such amendment the effect of which ruling of the Speaker if not appealed from or if appeal from and the appeal not sustained shall be the same as a vote of the House to disagree and as such the Clerk shall report it to the Senate Such point of order shall take precedence over a motion to agree
Provided that when any question of disagreement with the Senate arises the following motions shall be in order at any time the movant can legally obtain the floor and debate thereon limited as in the case of reconsideration 1st a motion to insist upon the House position 2nd a motion to recede from the House position which motions shall be put in order listed subject to disposition by the House of any amendments or substitutes affecting the matter in disagreement
Rule 107A In order to adopt a Senate Amendment to a House bill or resolution and in order to adopt a report of a conference committee the said amendment or conference committee report
162
must receive a majority vote of the entire membership elected to the House of Representatives Any rule contravening the letter or spirit of this Rule is hereby repealed
RECONSIDERATION
Rule 108 When the Journal of the preceding day shall be read it shall be in the power of any member whether 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 Provided further that the action of the House on Senate amendments shall be in order for reconsideration immediately and not otherwise
Rule 109 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 110 No mtter shall be reconsidered more than once
Rule 111 Motions for reconsideration shall be in order immediately after the order of unanimous consent 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 112 The action of the House upon an amendment may be reconsidered at any time before
Motion to reconsider
Shall not be
withdrawn
when
When there may be one reconsideration
When in order
Amendments when
reconsidered
163
final action upon the section bill or resolution to which it relates
Place of calendar
When ordered by Speaker
See Rule 43
When ordered by the House
Rule 113 All bills reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading
COMMITTEE ON THE WHOLE HOUSE
Rule 114 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 115 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 provided however that notice of intention to make such motion shall be given during the session of the preceding day individual speeches on such motion being limited to three minutes If such notice shall not have been given the motion shall prevail if it shall receive the affirmative votes of twothirds of those voting and which twothird shall also constitute a majority of all of the members elected to the House and provided further whenever the House either by its own vote or by unanimous consent shall commit any bill or resolution to Committee of the Whole House and subsequently a motion shall be made to resolve the House into Committee of the Whole to consider such bill or resolution and such motion shall be lost the said motion shall not be again renewed but it shall be the duty of the Speaker
164
to require the Clerk to read the bill or resolution again on the following days session under the order of Introduction of New Matter or Reading of Bills the First Time and to refer such bill or resolution to the appropriate committee unless otherwise ordered by the House provided however that for the consideration of the General Tax Bill and General Appropriation Bill 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 and no previous notice shall be necessary
Rule 116 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 117 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 118 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 119 If at any time in the Committee of the Whole it shall be desired to close the debate
How formed
Proceedings
Rule in committee
Debate how closed
165
Time of how
extended
Motion to rise etc
Reconsid
eration
Duty of Chairman when no quorum is present
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 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 120 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 121 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 hall take precedence over all other motions and shall be decided without debate and when it prevails the committee shall immediately rise and when the regular hour for adjournment of the House arrives the committee shall automatically rise and the Speaker shall assume the Chair
Rule 122 A motion to reconsider shall be in order in Committee of the Whole
Rule 123 The Committee of the Whole shall not proceed with the business before it whenever a vote on any question shall disclose the fact that no
166
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 124 The Speaker may in Committee of the Whole take part in the proceedings 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 125 Amendments proposed by the Committee of the Whole may be amended or rejected by the House and matters stricken out by the committee may be restored by the House
Rule 126 A Committee of the Whole House can not punish disorderly conduct of its members but must report the same to the House for action thereon
Rule 127 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 128 When the Committee of the Whole has disposed of the bill resolutions or 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
All members shall vote unless excused
Amendments
Disorderly
conduct
reported
Chairman may order galleries cleared
Proceedings of when business before it is finished
167
Record
Papers may be called for
Reports shall contain result of committees action
Morning rollcall dispensed with by twothirds vote
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 129 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 130 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 131 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
ABSENTEES
Rule 132 The rollcall at the opening of each session of the House and also the reading of the Journal shall not be dispensed with except by a vote of twothirds of the members present The motion to dispense with the roll call and to dispense
168
with the reading of the Journal shall be decided without debate
Rule 133 Upon the call of all the members ordinary and extraordinary the 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
COMPELLING ATTENDANCE
Rule 134 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
The Messenger of the House shall be exofficio SergeantatArms 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 135 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
Names of
absentees
noted
Power to
compel
attendance
Sergeant
atarms
169
What is a quorum Compelling attendance
Oath of members
for any member to make a motion for a call of the House and when this motion is made the Speaker shall state the question as follows Shall the motion for the call of the House prevail and if fifteen of the members present shall vote in the affirmative the Speaker shall order the Clerk to call the roll of members and the absentees shall be noted the doors shall then be closed after which the names of the absentees shall again be called over and those who do not appear and who are absent without leave may by 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
Rule 136 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 137 Each Senator and Representative before taking his seat shall take the following oath or affirmation towit I will support the Constitution of this State and of the United States and on all questions and measures which may come before me I will so conduct myself as will in my judgment be most conducive to the interest and prosperity of this State
Art 3 Sec 4 Par 5
170
Rule 138 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 139 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 140 No 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 141 Whenever the Constitution requires a vote of twothirds of either or both Houses for the passage of an Act or resolution the yeas and nays on the passage thereof shall be entered on the Journal
Art 3 Sec 7 Par 19
Rule 142 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 143 All bills for raising revenue or appropriating money shall originate in the House
Majority required to pass bill
Yeas and nays order by onefifth of members
Bill or resolutions appropriating money must pass by yeas and nays
Constitutional twothirds vote taken by yeas and nays
Revenue
bills
Reading of bills
171
One subject matter etc of Representatives but the Senate may propose or concur in amendments as in other bills Art 3 Sec 7 Par 10 Rule 144 No law or ordinance shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof Art 3 Sec 7 Par 8
An amendment to laws and sections of Code Rule 145 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 Art 3 Sec 7 Par 16
General laws how varied Rule 146 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
Consent and when required be varied in any particular case by special legislation except with the consent in writing of all persons to be affected thereby and no person under legal disability to contract is capable of such consent Art 1 Sec 4 Par 1
Corpora tions Rule 147 The General Assembly shall have no power to grant corporate powers and privileges to private companies except banking insurance
172
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 law the manner in which such power shall be exercised by the courts
Art 3 Sec 7 Par 17
Rule 148 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
Art 3 Sec 7 Par 18
Rule 149 The General Appropriation bill shall embrace nothing except appropriation 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 other appropriations shall be made by separate bills each embracing but one subject
Art 3 Sec 7 Par 9
Rule 150 Neither House shall adjourn for more than three days or to any other place without the consent of the other and in case of disagreement between the two Houses on a question of adjournment the Governor may adjourn either or both of them
Art 3 Sec 7 Par 22
Powerdelegated to courts
Relief of recognizance
What the general appropriation bill shall contain Other appropriations by separate bills
Adjourn
ments
173
Elections
Rejected bills again considered by a twothirds vote
Regular session limited to 70 days
Rule 151 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 result
Art 3 Sec 10 Par 1
Rule 152 No bill or ordinance or resolution intended to have the effect of a law which shall have been rejected by either House shall be again proposed during the same session under the same or any other title without the consent of twothirds of the House by which the same was rejected
Art 3 Sec 7 Par 13
Rule 153 The General Assembly shall meet in regular session on the second Monday in January 1947 and biennially thereafter on the same day until the date shall be changed by law By concurrent resolution adopted by a majority of members elected to both Houses the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session but shall remain in regular session no longer than seventy 70 days in the aggregate during the term for which the members were elected If it shall adjourn the first regular session before the expiration of seventy 70 days without fixing a date for reconvening the General Assembly shall reconvene in regular session on the second Monday in January of the next year unless it shall have adjourned sine die All business pending in the
Ikrsei
Itivei
him
P
pin le i rticl piti
Is
ree
P
p
p
leo
Ln
I tie
Ri
Is s ile G jfcif Bai
174
Senate or House at the adjournment of any regular session may be considered at any later regular session of the same General Assembly as if there had been no adjournment Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of threefifths of the members elected to the Senate and the House of Representatives as provided in Article V Section I Paragraph XIII of the Constitution of this State If an impeachment trial is pending at the end of any regular or extraordinary session the Senate may continue in session until such trial is completed The provisions of Paragraph III Section IV of Article III of the Constitution which the present Constitution supersedes which apply to the meetings of the General Assembly shall continue in force until the second Monday in January 1947
Art 3 Sec 4 Par 3
Rule 154 Each House shall be the judge of the election returns and qualifications of its members and shall have the 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
Rule 155 No provision in the Constitution of this State for a twothirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case except in the case of the two
Elections
Disorderly
conduct
Expulsion by twothirds vote
Signature oi Governor when required
175
Governors
veto
Effect of twothirds vote thereon
When
Governor
must
approve
Twothirds
vote
required
thirds vote required to override the veto to submit constitutional amendments and in case of prolongation of a session of the General Assembly
Art 3 Sec 7 Par 21
Rule 156 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 thesame 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 15
Rule 157 Every note resolution or order to which the concurrence of both Houses may be necessary except on a question of election or adjournment shall be presented to the Governor and before it shall take effect be approved by him or being disapproved shall be passed by twothirds of each House
Art 5 Sec 1 Par 16
Rule 158 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 9
176
Rule 159 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 such proposed amendment or amendments shall be entered on their Journals with the yeas and nays taken thereon and the General Assembly shall cause such amendment or amendments to be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election and shall provide for submission of such proposed amendment or amendments to the people at the said next general election and if the people shall ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment or amendments shall become a part of this Constitution When more than one amendment is submitted at the same time they shall be so submitted as to enable the electors to vote on each amendment separately
Art 13 Sec 1 Par 1
Rule 160 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
177
Twothirds vote required on amendments to Constitution
Twothirds vote required to call a convention How called
Salaries of judges
Rule 161 The Justices of the Supreme Court each shall have out of the treasury of the State salaries of 8000 per annum the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of 8000 per annum the Judges of the Superior Courts each shall have out of the treasury of the State salaries of 6000 per annum and the Solicitors General shall each have out of the treasury of the State a salary of 250 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and Solicitor General of the the Judicial Circuit in which such county lies out of county funds provided however where such salary was at the time of the adoption of the Constitution of this State being supplemented out of county funds under existing laws such laws shall remain in force until altered by the General Assembly Provided further that the Board of County Commissioners of Richmond County or the Ordinary or such other board or person as may from time to time have charge of the fiscal affairs of said county shall without further legislative action continue to supplement from said Countys treasury the salary of the Judge of Superior Court of the circuit of which the said County of Richmond is a part by the sum of Two Thousand Dollars 2000 per annum which shall be in addition to the amount received by said judge out of the State treasury and such payments are declared to be a part of the court expenses of said County and such payment shall be made to the judge in office at the time of the adoption of the Constitution of this State during his term or subsequent terms as well as to his
178
successors with the authority in the General Assembly to increase such salary from the County treasury as above provided
Art 6 Sec 12 Par 1 and Art 3 Sec 7 Par 1
Rule 162 No local or special bill shall be passed unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriffs advertisements for the locality affected are published once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher or accompanied by an affidavit of the author to the effect that said notice has been published as provided by law No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special bill during the term for which such person of the jurisdiction affected in a referendum on the question Where any local law shall add any member or members to any municipal or county governing authority the members of which are elected by the people such local law must provide that the member or members so added must he elected by a majority vote of the qualified voters of the political subdivision affected
Art 3 Sec 7 Par 15
MISCELLANEOUS RULES
Rule 163 When a message shall be sent to the House of Representatives it shall be announced at the door of the House by the Doorkeeper and
Evidence of notice of local and special bills must be submitted before passage of same
Messages
179
Messages when received and considred
Motions
Petitions
memorials
etc
Committees
Clerk
be respectfully communicated to the chair by the person through whom it may be sent
Rule 164 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 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
Rule 165 After a motion is stated by the Speaker or read by the Clerk it shall be deemed to be in the possession of the House but may be withdrawn at any time before the decision by the unanimous consent of the House
Rule 166 Any member presenting a petition memorial or remonstrance shall as concisely as practicable intimate the name and object of the petitioner memorialist or remonstrant which shall be noted on the Journal and the paper may then be referred without reading
Rule 167 The several standing committees of the House shall have leave to report by bill or otherwise The report of the Committee on Rules is in order at any time when the House is not actually engaged in other business
Rule 168 The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office to the best of his knowledge and abilities and shall be deemed to continue in office until another be elected
180
Clerk
Rule 169 The Clerk shall take special care of the books provided for the use of the House
Rule 170 The Committee on Enrollment shall carefully compare enrolled bills and resolutions and correcting any errors that may be discovered in the enrolled bills or other papers make their report forthwith to their respective Houses
Rule 171 Verification of a roll call vote can be dispensed with only by unanimous consent the Speaker shall not entertain a motion to that effect
Rule 172 Whenever on any question the yeas and nays shall have been ordered the Clerk shall also enter on the Journal the names of those members not voting
Rule 173 When a motion is made by any member it shall not be necessary that the same shall be seconded before being put to the House
Rule 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 Members of Congress from Georgia State House officers and members of the press actively reporting Legis
Duties of Committee on Enrollment
Motions not privileged
Not necessary to second motion
Committees how and when engaged
Privileges on the floor
181
Privileges of the floor
Duty of Committee on Journals
Members to receipt Clerk for books and papers
Adjournment and meeting
Motion for yeas and nays not debatable
lative proceedings exGovernors Judges of the Supreme and Superior Courts and SolicitorsGeneral in actual 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 Privileges of the Floor The report of the Committee on Privileges of the Floor may be made at any time the chairman of the committee is recognized by the Speaker Privileges of the floor and use of the press table shall be extended only to those representatives of the press bearing proper credentials from recognized newspapers of general circulation and telegraphic press associations provided that no person shall be admitted on the floor of the House who is engaged in lobbying or in attempting to influence legislation
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 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 178 The House shall convene at 10 am Sundays excepted unless otherwise ordered by the House The hour of adjournment to be fixed by a majority of said House on motion without debate
Rule 179 A motion for the call of the yeas and nays shall be decided without debate
182
Rule 180 All Acts and joint resolutions shall be signed by the 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 181 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 182 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 183 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 the section page or line to which said amendment relates
Rule 184 No pairing of members shall be recognized or allowed as an excuse for not voting
Rule 185 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
Signature of Speaker and Clerk
Duty of Messenger
Messengers duty in distributing documents etc
Interlineation
forbidden
Pairing
Committee on conference
183
Authority of
Conference
Committees
Amend
ments
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 185a No conference committee appointed by the House or under its authority shall be authorized to agree to any proposal whereby matter new and different from the action of the House and Senate is recommended All conference committees on the part of the House shall be limited in authority to composing the difference between House and Senate on the measure that is referred to said conference committee and any report from any conference committee which exceeds the authority as outlined here shall be out of order and the Speaker shall so declare and upon his failure to do so at the suggestion of any member the question shall be submitted to the House as to whether the conference committee has exceeded its authority If upon vote it is determined that said action is in excess of the authority of said committee the committee shall be automatically discharged and the report disregarded All rules contravening the letter or spirit of this rule in so far as this rule is affected are to be disregarded
Rule 186 After commitment of a bill and report thereof to the House it may be amended before the report of the committee is agreed to by the House but the amendments if any reported by the committee shall be disposed of before any other amendment be considered unless it be an amendment to a committee amendment
184
Rule 187 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 Each committee shall wherever practical include with their report on each general bill or resolution a brief resume of the bill and the reasons for the action taken by the Committee If the Committee shall so order the Clerk shall have such report printed and distributed to the members of the House
Rule 188 Every motion for information from the Executive Department or any other Department of the State Government shall lie on the table one day and on the following day such motion shall be deemed privileged and shall be in order for immediate consideration at the request of the author or any other member of the House
Rule 189 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 190 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 over 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
Majority and
minority
reports
What motions lie on table
Changing
votes
Questions of
privilege
Proviso
185
Rule 191 In all elections a majority of the members present shall be necessary to a choice
Rule 192 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 193 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
ORDER OF BUSINESS
Rule 194 The following shall be the order of business
1 Scripture Reading and Prayer by Chaplain
2 Call of the Roll
3 Report of the Committee on the Journal
4 Reading of the Journal
5 Confirmation of the Journal
6 Unanimous Consents
7 Motions to Reconsider
8 Introduction of Bills and Resolutions Each member is requested to introduce two copies of each bill or resolution one to be filed in the office of the Speaker by the Clerk and the other to be given to the press
186
9 First Reading and Reference of House Bills and Resolutions
10 Report of Standing Committees
11 Second Reading of Bills and Resolutions Favorably Reported
12 Third Reading and Passage of Uncontested Local Bills and Resolutions
13 First Reading and Reference of Senate Bills and Resolutions
14 Unfinished Business of Previous Session
15 Orders of the Day
16 Senate Amendments to House Bills and Resolutions and Reports of Conference Committees
17 House Bills and Resolutions for Third Reading
18 Unless otherwise Ordered by the House Senate Bills and Resolutions for Third Reading or on the Calendar for the Purpose of Disagreeing to an Adverse Committee Report Shall be Called on Thursdays
19 The Reports of the Committee on Engrossing and the Committee on Enrolling May be Made at Any Time
20 General Bills and Resolutions Otherwise in Order for Reconsideration on Friday or Saturday Shall Stand over Until the Following Monday
Rule 195 No committee of the House shall consist of more than twentyfive members This rule however shall not apply to the following
committees Amendments to the Constitution No 1 Amendments to Constitution No 2 Appropriations Commerce Counties and County Matters Education No 1 Education No 2 Georgia State Sanitarium General Agriculture No 1 General Agriculture No 2 General Judiciary No 1 General Judiciary No 2 Historical Research Legislative and Congressional Reapportionment Motor Vehicles Municipal Government Penitentiary Public Highways No 1 Public Highways No 2 Public Utilities State Prison Farm University System of Georgia Ways and Means Western and Atlantic Railroad
COMMITTEES
Rule 196 The Speaker shall appoint the following committees
Academy for the Blind
Amendments to the Constitution No One Amendments to the Constitution No Two Appropriations
Auditing
Aviation
Banks and Banking
Commerce
Conservation
Corporations
Counties and County Matters
Drainage
Education No One
Education No Two
Engrossing
188
Enrollment
Excuse of Members Absent Without Leave Game and Fish
General Agriculture No One
General Agriculture No Two
General Judiciary No One
General Judiciary No Two
Georgia School for the Deaf
Georgia State Sanitarium
Halls and Rooms
Historical Research
Hygiene and Sanitation
Industrial Relations
Insurance
Interstate Cooperation
Invalid Pensions and Soldiers Home
Journals
Legislative and Congressional Reapportionment Manufacturers
Military Affairs Mines and Mining
Motor Vehicles
Municipal Government
Penitentiary
Pensions
Privileges and Elections
Privileges of the Floor
Public Highways No One
Public Highways No Two
Public Library
Public Printing
189
Public Property
Public Utilities
Public Welfare
Railroads
Rules
Sanitarium at Alto
Special Appropriations
Special Judiciary
State of Republic
State Prison Farm
Temperance
Training Schools
Uniform State Laws
University System of Georgia
Veterans Affairs
Ways and Means
Western and Atlantic Railroad
The Chairman and Chairman pro tern of the Committee on Appropriations shall be exofficio members of the Committee on Ways and Means and the Chairman and Chairman pro tem of the Committee on Ways and Means shall be exofficio members of the Committee on Appropriations
Rule 197 Whenever any bill or resolution has been referred to a committee and the same has been held in the custody or control of such committee for ten days without reporting on same the author of such bill or any member of the House shall have the right immediately after the confirmation of the Journal to give notice that on the next regular meeting of the House he will submit a motion instructing such committee to report such bill back
to the House after which on the next regular meeting day of the House any member of the House immediately after the confirmation of the Journal may move to instruct such committee to report such bill or resolution back to the House and if the motion prevails it shall be the duty of such committee to report such bill or resolution accordingly with or without recommendation as the case may be at the next regular session and upon failure of said Committee to report such bill accordingly the same shall automatically be returned to the House for consideration Debate on said motion to instruct such committee to report such bill or resolution back to the House shall be limited to twenty minutes unless otherwise ordered by the House and when such bill or resolution is so reported or returned to the House it may be referred or committed as other bills or resolutions Provided that any motion or resolution to set a special order or to change the order of business for any particular day which has been referred to the Committee on Rules may be held in the custody and control of such committee only three days instead of ten days under this rule It shall be the duty of the committee to which an measure providing for an appropriation is referred to report such bill or measure back to the House at least fifteen days prior to the last day of the session regardless of any such notice or motion bv the author or any other member
Rule 198 In drawing for seats all members except those who have been permitted by the House to select seats without drawing shall retire to the rear of the Hall The names of all counties printed on separate slips of paper shall be de
191
posited in a box and the box placed on the Clerks desk The names of the counties shall be drawn separately from the box and announced by the Clerk from his desk
When the name of a county is announced the member or members from that county shall come forward to the Clerks desk and secure a desk card with name and county printed thereon and then proceed to select his seat All desks shall be arranged in their proper position on the floor of the House and no desk shall be moved or changed
The Speaker shall have the right to reserve seats for the chairmen of the committees on Appropriations and Ways and Means and for the vicechairman of Committee on Rules before the drawing for seats
Rule 199 The Speaker is authorized to employ some person well skilled in legislative draughtsmanship as special clerk for the Committee on Engrossing and Enrolling It shall be the duty of such special clerk to examine every bill or resolution that is ready for engrossing or enrollment and to suggest to the committee any corrections or additions to either the caption or the bill that are necessary to perfect the same The per diem of such special clerk shall be fixed by the Speaker
192
INDEX TO STANDING RULES OF
Georgia House of Representatives
ABSENTEES Rule No
Auditing Committee duty as to 133
Clerks duty as toa 133
Roll Call dispensed with when 132
ADJOURN MOTION TO
Committee of whole not in order in H8
Definite time debatable when 36
Effect when motion prevailssU59
Motion not debatable 55178
Motion not amendable 55
Motion when in orderLLaft 57
Motion when not in order ATOwiilaB 58
Precedence of motion 54
Shall not be made second time until when IIP 55
ADJOURNMENT
Constitutional time limit150
Courtesy to speaker at time of HRS 26
Effect of J r 59
Effect when hour of arrives when House acting under previous
question 1gtHEeA 60
Effect when hour of arrives during vote by yeas and nays Jit 60
Hour of fixed by HouseS1178
ADVERSE REPORT
Bills and resolutions adversely reported taken up when40
Debate on final passage t Av4 71
Effect of on bills 47
AMENDMENTS
Applicable to an amendment93
Bills or resolutions amended by sectionsrfjl 101
Bill perfected before caption or preamble 100
Bills perfected before substitute JjK i 95
193
Rule No
Blanks must be filled 99
Clerk s duty in amending by striking out and inserting 103
Committee of whole action on 125
Committee of whole what reported to House 131
Germane must he jq2
Motion to amend how madeSZLrl 93
Motion to commit amendableP 91
Motion to postpone indefinitely not amendable 79
Motion to postpone to time definite amendable CjL 84
Motion to table amendment not in orderjf1L 61
Motion to table not amendable 67
Must be in writing 11 97
Precedence of motion to amend 1 54
Priority of amendmentsis 98
Priority of amendments to perfect part proposed to be
stricken 4Q4
Priority of over motion to agree or disagreeM106
Priority of questions on Senate Amendments to H B107
Priority of on passage of bill 1 1 135
Senate amendments to H B House amendments in order 105
Senate majority vote to adopt 107a
Reconsidered when 410
Substitute is an amendment 94
When in order T vr 1 jog
When too late V 96186
AMENDMENTS TO CONSTITUTION
Submission to people jpq
Convention called jgQ
APPEALS
From Speakers decision 8
Members may address Houserv jj
No debate when of personal character y 9
To be made at once lV2 jq
APPLAUSE
Speakers right to suppress 29
APPROPRIATIONS
General bill right of way 40
194
Rule No
Governors power over 156
Considered in committee of whole 50
House must originate 81 143
ATTENDANCE
Call of Housed 135
Messengers duty 134
Power to compeli4l134135
Speakers dutyu4i134
AUDITING COMMITTEE
Absentees duty as to44 133
Accounts of members duty as to 193
BILLS AND RESOLUTIONS
Amendments and substitutes bill first perfected p 95
Amendments by sections 101
Amendments to Code sectionsA 145
Amendments to passed on before those to caption or preamble 100
Appropriations House must originate4 143
Clerk to state number and author when reading j0 40
Clerk to call in order on calendar 4 40
Committee of whole how readji 117
Committee reports favorable effect of 47
Committee reports unfavorable effects ofj 47
Committee reports order of precedence 52
Corporations laws relating toi4 147
Engrossment effect of04 47
General appropriations what to embrace 149
General laws how changed 146
Governors approval necessaryJjalB444 157
Governors failure to return3Bp 156
Governors vetoMVl56
Immediate transmission whenfL1 48
Introduction when 4444446
Printed whenlj 49
Reconsideration effect of 113
Rejected when again consideredA 152
Relief of principals and suretiesJHj 148
195
Rule No
Requirements for V 5
Speakers duty to commitm fe 47
Special laws prohibited when AM 145
Subjectmatter only one and expressed in titleM 144
Unanimous consent for reading hi 42
Withdrawal of whenMl 1 47
Majority necessary to pass 1 33
Debate none at first readingi 47
Constitutional requirements as to reading ia a II 142
Reading of unanimous consent42
Reading first no debateM1HlL 47
Reading constitutional requirementM 142
CALL OF HOUSE
Committee of whole not in order hM M ng
Contempt refusal to vote on lit 4
When in order Jp H 14135
When not in orderni SL 76
CAPTION
Not considered until bill perfected 100
CHANGE OF VOTES
How done and when ifa vBb ig9
CLERK
Absence of speaker and speaker pro tern duty of 7
Absentees duty ofItg J Jlr 133
Amendments striking out and inserting duty of 103
Bills and resolutions how read committee of wholeM 117
Bills and resolutions called in order from calendar 40
Bills and resolutions name and authors stated 40
Books duty to care for 11 h169177
Journal names not voting duty to enter Wm 172
Oath of prescribed 168
CODE SECTIONS
Amendments to Constitutional requirements145
196
COMMITTEES Rule No
Amendments by take precedence4L 186
Appointed by speaker4 4196
Bills not to be interlined or defaced by 183
Chairmen Appropriations and Ways and Means ExOfficio
Members jJjjaLjLyHu196
Conference how constituted JBLl ijpM 185
Report of Conference majority vote4S7JhL 107a
Conference authority limited 185a
Defaulting committee provision as toMpaslM 197
Enlarged how guMBJ 174
Failure of to report provision as toHpfe197
Membership limited 195
Reports of order of precedence 52
Reports of required 41 197
Reports must be in writing fiA k1V 187
Speaker exofficio member of Rules 4
Speaker to appoint certain committees T ft 4196
Rules committee how elected j41 4
COMMIT MOTION TO
Amended how itMil 91
Applicable to what li 8892
Committee of whole not in order gSSMgii 118
Precedence of as among other motionsg44 54
Precedence of as among motions to commit to different
committees 4 89
COMMITTEE OF WHOLE HOUSE
Amendments by action by House125
Amendments to amendments how reported to House1131
Appropriation bills considered inj 50
Bills read and debated by sections 117
Call of House not in order118
Chairman appointed by Speaker44 116
Chairman power to clear galleries or lobby 127
Debate how limited and 1 In 11 il lillf iJB jfl 119
Disorderly conduct reported 126
Extension of time how secured 120
Formation of A4Jal4 116
House may resolve itself into when48 115
Interlineation of bills or resolutions prohibited 183
197
Rule No
Journal not show proceedings M 1 129
Members shall voteH 124
Motion to commit to precedence 89
Motion to rise report progress and ask leave to sit again 121
Papers called forill 42130
Proceedings how closed ttu 4 121
Proceedings not reported in Journal fe 129
Procedure when business finished 128
Quorum not present procedure m 4 123
Reconsideration in order 122
Reports of precedence 52
Rules applicable to and exceptions 118
Speaker may resolve House into when44 114
Speaker may take part 124
Speaker chairman appointed by H6
Ucal and I Jauto I
I Jauto
Quorum d l Relief of I I Salaries of
j Special lai
Subjectms I Subjectms
I Jeto of
leas asii I feas and 1 1 feas and i
CONSTITUTIONAL RULES
Adjournments limited 150
Amendments to Code sections 145
Amendments to Constitution 159
Appropriation Bills House must originate 143
Appropriation Bill General what to embrace 149
Appropriations Journal to show yeas and nays 140
Bills majority necessary to pass 138
Bills reading of 142
Bills rejected when again considered 152
Bills subjectmatter expressed in title 144
Bills only one subjectmatter permitted 144
Constitutional convention how called 160
Corporations power of General Assembly over 147
County sites how changed or removedii 157
Date of meetings fixedft lli all 153
Elections by General Assembly k 151
Expulsion of members twothirds vote necessary 154
General laws how changedfrvi 146
General appropriation bill what to embrace44 149
Governor failure to return billsil 156
Governors signature when required155157
Governors veto 156
House judges of election and qualification of members 154
Journal must show majority vote 4 138
Journal must show yeas and nays when required139140141
letal to
CONTEST
Contestant
ffflVERSA
Piohibitec
OITYSI
Hoi chai
Adjournn a firs
Conduct
lotion ti
Motion l
Motion ti
198
Rule No
Local and special bills notice required 162
Members power to punish misconduct ofSiX Kg 154
Members oath of prescribed IT 137
Quorum defined Lrafrv P 136
Relief of principals and sureties XjM 148
Salaries of certain officials how changed u 161
Special laws prohibited when y 146
Subjectmatter bills to contain but oneJttfry 144
Subj ectmatter must be expressed in title r 144
Veto of Governorj1 y 156
Yeas and nays required when JB1139140141
Yeas and nays Journal to show on Apps 140
Yeas and nays Journal to show where twothirds vote required 141
CONTEMPT
Refusal to vote unless excused on call of House 14
CONTEST
Contestant and contestee to retire when vote taken 22
CONVERSATION
Prohibited 1924
COUNTY SITE
How changed or removed 158
DEBATE
Adjournment decided without 178
Bills first reading no debatenr
Committee of whole regulatedII118119
Committee happenings reference to out of order 27
Conversations reference to out of order 27
Conduct of members inj 1
Individual speeches limited 1
Motion to adjourn not debatabley 1 55
Motion to change rules not debatable 45
Motion to commit when debatable 90
Motion to change order of business not debatable 45
199
Rule No
Motion to extend members time of speaking not debatable 17
Motion to excuse member from voting not debatableM34
Motion to indefinitely postpone debatable A 79
Motion to instruct committee debate limited 197
Motion for previous question not debatable Al 70
Motion to read papers not debatableA Vi8li 33
Motion to suspend rules not debatable 1 45
Motion to table not debatable H fe JL 67
Motion to postpone to time definite what debatable 86
Previous question decided affirmatively debate regulated 71
Priority of business not debatablei5 16
Roll call no debate during A B Ill 30
Senate happenings reference to out of order 27
Yeas and nays decided without debate 179
DISPARAGING REMARKS
Members prohibited fromMKf 28
DIVISION
Duty of member calling for Ipfe 37
Motion to excuse from voting to be made before glfeBB 34
Right to call forB A A 36
What not divisiblej1 3839
DRAWING FOR SEATS
Regulated 193
ELECTION
House Judge of of members B A 154
Majority vote necessaryiLJ 191
ENROLLMENT COMMITTEE
Duties of 170199
EXCEPTION TO WORDS SPOKEN
Procedure ft V 18
EXPLANATION OF VOTES
When allowed and time limited 32
200
EXPULSION OF MEMBERS Rule No
When ftI17154
DOORKEEPER
Duty as to enforcement of rule as to intoxication I 25
Duty as to messages a H viin 163
Speaker may suspend when 3 12
GALLERIES
Applause to be suppressed iVl jtjtS 29
Committee of whole chairman may clear IRA B C 127
Speaker may clearII V fe gtf 13
GENERAL ASSEMBLY
Meets when rJS9111 153
Session limited iS 153
GENERAL APPROPRIATION BILL
Constitutional provision as to what it shall embrace V7 J 149 Right of way in order of business i 40
GENERAL LAWS
How changed V Hi ff B 146
GENERAL TAX BILL
Right of way ofWm BjHBIBBlijB 40
GOVERNOR
Failure to return bill effect 156
Signature when required flIf 155157
Veto SJ 156
HOUR OF ADJOURNMENT
Fixed by House8ig 178
IMMEDIATE TRANSMISSION TO SENATE
Twothirds vote necessary 48
201
INTOXICATION Rule No
Member denied floor while in state of 25
JOURNAL
Absentees shown onLislfeS 133
Amendments to Constitution yeas and nays must be shown on 159
Appropriation of money yeas and nays shown140
Committee duty to read jA M 176
Committee of whole proceedings not shown gpa v 129
Majority on passage of bills must be shown 138
Names those not voting shown ony Jt 172
Yeas and nays to be shownW ffifl 139140
LAUDATORY REMARKS
Prohibited in NominationsLL 28
LOCAL BILLS
Constitutional requirements as to reading 142
Constitutional requirements as to notice 162
Introduced when dptiIi 46
Reading of third time and put on passage by unanimous consent 42
MAIN QUESTION
Effect as to when votes had on motion for previous question 707173
Minority report time allowed for debate 74
Motion to table supersedes when 69
Reconsideration ofll 70
When ordered call of House H 76
When ordered vote how taken Sfc 72
MAJORITY
Bill majority vote necessary to pass 138
Elections majority vote necessary 191
Quorum majority necessary 136
MEMBERS
Adjournment duty of atr 26
Arrest subject to whenul34135136
Rule No
Attendance of compelled when 134135136
Books and papers duty as to 177
Called to order for transgressing rules lr dir 17
Changing votes how and when pjf IS 189
Committee of whole right to speak ml mS H8
Committee of whole duty to voteftImrlf 24
Conduct in debate H Sj VM 17
Conversation and smoking prohibited W1H 1924
Debate how often to speakVr B 17
Debate individual speeches limited1Ji 17
Debate reference to conversations happenings in committee
and Senate prohibited 27
Decorum ofljLA1719242627
Designation of members mode of 20
Exceptions to words of procedure 18
Expulsion of whenllIJ 17154
Interrogating mode of rjt 21
Intoxication denied floor when in state of 25
Introduction of bills name and county to be endorsed51
Laudatory remarks in nominations 28
Members speaking duty of while4 26
Misconduct in house and committee of whole126154
Motion may make one at a time11 31
Motion must resume seat while being put 31
Motion prohibited from making nondebatable when 35
Oath of prescribed 137
Protests of proceedings 23
Retire when required to 22
Seats drawing for L 198
Vote shall not when interestedS 22
Vote shall exceptionS4 34124
MEMORIALS
Manner of presentationu 166
MEETING OF HOUSE
Adjournment fixed by House 178
Time of meeting for daily sessions 178
Constitutional provisions jlplfrr S 153
203
MINORITY REPORTS Rule No
How made BvKB 187
Main question ordered privileged first signerHL74
MESSAGES
How sent announced received and consideredK 164
MESSENGER
Arrest of members J134135
Exofficio sergeantatarms K v 134
Intoxicated member enforcement of rulell 25
General duties 181182
Speaker may suspend when IlMlfeU 12
MOTIONS
Information from executive department lie on table 188
Nondebatable prohibited whenAg4ill 35
One at a time onlyLiL1 31
Order of priorityf Sii 54
Order of business motion to change not debatable fjlll 45
Order of business motion to change vote necessary 53
Read papers motion to decide without debate i y 33
Rules motion to change or suspend vote necessary 43
Rules motion to change or suspend how submittedU v 41444
Seconding of unnecessary jm Vj 170
Special orders motion to make how substituted gL l 44
Strike out and insert motion to not divisible 39
Withdrawn how ymyBT 165
NEW MATTERS
Information from executive department to lie on table 188
Unanimous consents forg gB1 flp y v 42
NOMINATIONS
Laudatory remarks prohibited Cl 28
OATHS
Of Clerk prescribed w y m r 168
Of Members prescribed1i 137
204
ORDER OF BUSINESS Rule No
Changed how g 434553
Motion to change not debatable vfe 45
Motion to change vote necessary it 4353
Priority of established B Jjjfu 194
Rules committee to fix during last twentyone days 53
PARLIAMENTARY LAW
Applicable when y Mi 192
PETITIONS
Manner of presentation l L166
PREAMBLE
Not considered until resolution perfected A 100
PREVIOUS QUESTION
Adjourn motion not in order after affirmative votes on 70
Adjournment effect arrival hour of House acting under B 60
Affirmative votes resultaBBli JIlL70717374
Applicable to whatpH jftg 75
Call of House not in order after ordered except whenmSU 76
Call for sustained motion to table in order Lm 69
Exhausted must be before matters of words excepted to
decided lt B 1 v 18
Precedence of motion1 54
POSTPONE
Applicable to what definite and indefinite 8087
Committee of whole motion to definitely postpone not in order 118 Debate motion to indefinitely postpone debatable but not
amendable H 79
Definitely postpone motion to amendablejL84
Effect of affirmative action on motion to indefinitely postpone 78
Effect of affirmative action on motion to postpone to time
definite 2kJffihi83
Effect of negative action Ali83
205
Rule No
Indefinitely motion to when not applicable jkl 80
Impossible day motion to postpone to treated how 85
Indefinitely motion to not renewable 3 Ijjtm 81
Precedence of motionjhMs 54
PRIVILEGE
Personal privilege jM 190
Questions of what constitutes 190
PRIVILEGES OF FLOOR
Who entitled to 175
PRINTING OF BILLS
When ordered 49
PROTESTS OF MEMBERS
Procedure L K gs 23
QUALIFYING PARAGRAPH
Not a divisible question 4MZ 38
QUORUM
Constitutional definition lit136
READING OF PAPERS
House determines by vote M 33
RECONSIDERATION
Amendments when reconsideredilSB 112
Bills notice of motion when given i5LA 108
Bills notice not to be withdrawn whenJicSg 109
Committee of whole motion in order 122
Effect of on bills 1 JLlL 113
Main question ordered motion in order to reconsider 70
Motion in order but once on same subject matter t 110
Motions when in orderffiy Ill
REMONSTRANCES
Manner of presentation1 166
206
REPORTS OF COMMITTEES Rule No
Committees may report by bill or otherwise JLiJoL 167
Order of precedence of
ROLL CALL
Explanation of votes on 09
Debate none during4f 3Q
How dispensed with VvJi 232
Speaker may order when v 25
RULES
Motion to suspend or change decided without debate 45
Suspended or changed howIfA 434445
RULES COMMITTEE
Constituted and elected howJI 4
Effect of failure to reportM 44
Order of business fixed by during last twentyone days 53
Report of in order whenJlj 267
Special orders and motions to suspend rules duty to report on 4144
SALARIES
Constitutional provision as to changing 1 161
SEATS
Drawing for regulated lllr 193
SERGEANTATARMS
Call of House duty of 1 135
Messenger is exofficioJLll i 134
SIGNATURE OF SPEAKER AND CLERK
When required J 180
SILENCE
Members to preserve when 19
207
SMOKING Rule No
Prohibited Imp rfro24
SPEAKER
Absence of Speaker pro tem to preside 7
Adjournment members to remain until Speaker retiresIpL 26
Appeals from decision ofAi22fife891011
Appeals from decision of to be made at once 10
Appeals from decision of no debate when ISHr 9
Appointment of committees byB aBA2 4196
Appointment of chairman of Committee of Whole116
Appointment of Conference CommitteeS 185
Attendance power to compelJdsr 134
Business priority of decided without debate B 16
Chairman Committee of Whole appointed byAJR 116
Committees appointed byMM 4196
Committee of Whole may resolve House into whenj 114
Committee of Whole assumes chair whenjA 121
Committee of Whole receiving chairmans report 128
Committee of Whole right to take part j 124
Courtesy of members to at adjournmentM 26
Doorkeeper Speaker may suspend 12
Galleries may be cleared byallyi 13
Interrogation of members conducted throughL 21
Irrelevant debate power to suspendjSpulj 1
Members Speaker may name to preside g 6
Members courtesy due by at adjournmentM 26
Method of stating question byJ1 5
Quorum duty of when no quorum votingr 1415
Recognition of members decided byp 3
Recognition of members for unanimous consent42
Rules Committee Speaker exofficio member 196
Silence commanded by whenifLL 1
Suspension of officers 12
Vote Speaker required to when 2
SPEAKER PRO TEM
Absence of Speaker duty to preside xlAJpA 7
Election ftjAr 7
SPECIAL COMMITTEE
Priority of motion to commit inftb 89
208
SPECIAL LAWS Rule No
Notice requiredLMsa 162
Prohibited when HP Af AMBe J 146
SUBJECTMATTER
Bills to contain but one and expressed in titleI 144
SUBSTITUTE
Amendment is HAAs4
Bill perfected before substituteA 95
Motion to table not in order ggL 61
SUSPENSION OF RULES
How accomplished rA434445 TABLE MOTION TO
Amendment or substitute motion to table not in order 61
Amendment motion to table not subject to 67
Application of what can be laid on tablesgLf 68
Committee of Whole motion not in order 118
Debate motion to table not debatable 67
Effect when motion to table prevailsr 63
Effect when motion to take from table prevails 6264
Effect when motion to take from table prevalis where measure
tabled after roll call JLit A 65
Executive department information called from tabled one day 188 Main question motion to table in order after motion for
previous question sustained Hjl 69
Main question motion to table not in order after House has
voted that main question shall be now put5 69
Motion to take from when in orderHBv v M 62
Previous question motion to table in order after main
question ordered It9kA 69
Renewal of motions to table and take from when K 66
Roll call motion not in order until completion1 65
TWOTHIRDS VOTE NECESSARY WHEN
Amendments to Constitution H 169
209
Rule No
Constitution Convention Sr a yf igQ
County Site changed or removedI v 158
Expulsion of members J J 154
Governors veto overridden 155156157
Prolongation of session Mi f K 155
UNANIMOUS CONSENTS
Limitation and regulation of Bpr m 42
YEAS AND NAYS
Adjournment effect when hour of arrives during vote hy f 60
Amendments to Constitution 159
Changing votes after call of r 189
Committee of whole vote not taken by 118
Explanation of votes when vote taken by ia 32
Excuse from voting motion must be made before roll call
begins M1 34
Journals to show when W139140141
Journal to show names not voting ly 172
Motion to table when in order when vote taken by 65
Required when rlItj72 139 140141
Speaker may order when no quorum voting mi 15
210
CONSTITUTION OF THE
STATE OF GEORGIA
TABLE OF CONTENTS
Page
LIST OF STATE CONSTITUTIONS MMH 212
ARTICLE IBill of RightsJL 215219
ARTICLE ILElective Franchise 219221
ARTICLE IIILegislative Department i221228
ARTICLE IVPower of General Assembly over Taxation 228230
ARTICLE VExecutive Department HL 231237
ARTICLE VLJudiciary fcL 237248
ARTICLE VILFinance Taxation and Public Debt248262
ARTICLE VIIIEducation 1 JlJHL 262265
ARTICLE IXHomestead and Exemptions 266
ARTICLE XMilitia 266
ARTICLE XICounties and Municipal Corporations266268
ARTICLE XIIThe Laws of General Operation in Force
in this State 268
ARTICLE XIIISAmendments to the Constitution lJ268269
ARTICLE XIVMerit System 1llMfeHsi269270
ARTICLE XVHome Rule 270
211
CHRONOLOGICAL LIST OF ORGANIC ACTS AND STATE CONSTITUTIONS OF GEORGIA
Charter of the Colony of Georgia 1732
Grant of George II King of Great Britain
Constitution of 1777
Constitutional Convention Oct 1 1776Feb 5 1777 Constitution of 1789
Constitutional Convention Nov 424 1788 Jan 420 1789 May 46 1789 May 16 1795
Constitution of 1798
Constitutional Convention May 830 1798
Constitution of 1861
Constitutional Convention Jan 16March 23 1861
Constitution of 1865
Constitutional Convention Oct 25Nov 8 1865
Constitution of 1868
Constitutional Convention Dec 9 1867March 11 1868 Constitution of 1877
Constitutional Convention July 11 1877August 25 1877 Constitution of 1945
Ratified General Election August 7 1945 Governors Proclamation August 13 1945
212
Governors No 34 House Resolution No 11
A RESOLUTION
Proposing as one single amendment to amend the Constitution of the State of Georgia of 1877 and all amendments thereof by striking in their entirety Article I Bill of Rights Article II Elective Franchise Article III Legislative Department Article IV Power of the General Assembly Over Taxation Article V Executive Department Article VI Judiciary Article VII Finance Taxation and Public Debt Article VIII Education Article IX Homesteads and Exemptions Article X Militia Article XI Counties and County Officers Article XII The Laws of General Operation in Force in This State Article XIII Amendments to the Constitution and by inserting in lieu thereof after the Preamble of the Constitution of the State of Georgia of 1877 new Articles as follows Article I Bill of Rights Article II Elective Franchise Article III Legislative Department Article IV Public Utilities Eminent Domain Police Power Insurance Companies Contracts etc Article V Executive Department Article VI Judiciary Article VII Finance Taxation and Public Debt Article VIII Education Article IX Homesteads and Exemptions Article X Militia Article XI Counties and Municipal Corporations Article XII The Laws of General Operation in Force in This State Article XIII Amendments to the Constitution Article XIV Merit System and Article XV Home Rule and to provide for the submission of the Amendment so proposed as one Amendment to the qualified voters of the State of Georgia for ratification or rejection at the General Election to be held in August 1945
WHEREAS the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA
Section One
That the Constitution of the State of Georgia of 1877 and all Amendments thereof appearing after the Preamble be and it is hereby proposed to be amended as one single amendment by striking therefrom in their entirety Article I Bill of Rights Article II Elective Franchise Article III Legislative Department Article IV Power of the General Assembly Over Taxation Article V Executive Department Article VI Judiciary Article VII Finance Taxation and Public Debt Article VIII Education Article IX Homesteads and Exemptions Article X Militia Article XI
213
Counties and County Officers Article XII The Laws of General Operation in Force in This State Article XIII Amendments to the Constitution and inserting in lieu thereof new Articles Numbers I through XV inclusive so that when so pnended the Constitution of the State of Georgia of 1877 shall read beginning with the Preamble as follows
CONSTITUTION
OF THE
STATE OF GEORGIA
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
Bill of Rights Section I
Paragraph I Origin and foundation of government All government of right originates with the people is founded upon their will only and is instituted solely for the good of the whole Public officers are the trustees and servants of the people and at all times amenable to them
Paragraph II Protection the duty of government Protection to person and property is the paramount duty of government and shall be impartial and complete
Paragraph III Life liberty and property No person shall be deprived of life liberty or property except by due process of law
Paragraph IV Right to the courts No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State in person by attorney or both
Paragraph V Benefit of counsel accusation list of witnesses compulsory process trial by jury Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel shall be furnished on demand with a copy of the accusation and a list of the witnesses on whose testimony the charge 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
Paragraph VI Crimination of self not compelled No person shall be compelled to give testimony tending in any manner to criminate himself
215
Art 1 Sec 1 Par 7
Paragraph VII Banishment and whipping as punishment for crime Neither banishment beyond the limits of the State nor whipping as a punishment for crime shall be allowed
Paragraph VIII Jeopardy of life or liberty more than once forbidden 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
Paragraph IX Bail fines punishment arrest abuse of prisoners Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted nor shall any person be abused in being arrested while under arrest or in prison
Paragraph X Costs No person shall be compelled to pay costs except after conviction on final trial
Paragraph XI Habeas corpus The writ of Habeas Corpus shall not be suspended
Paragraph XII Freedom of conscience 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
Paragraph XIII Religious opinions liberty of conscience 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
Paragraph XIV Appropriations to churches sects etc forbidden 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
Paragraph XV Liberty of speech or of the press guaranteed 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
Paragraph XVI Searches seizures and warrants 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 persons or things to be seized
Paragraph XVII Slavery and involuntary servitude There shall be within the State of Georgia neither slavery nor involuntary servitude save as a punishment for crime after legal conviction thereof
216
Art 1 Sec 1 Par 18
Paragraph XVIII Status of the citizen The social status of the citizen shall never be the subject of legislation
Paragraph XIX Civil authority superior to military 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
Paragraph XX Contempts The power of the Courts to punish for contempt shall be limited by legislative acts
Paragraph XXI Imprisonment for debt There shall be no imprisonment for debt
Paragraph XXII Arms right to keep and bear The right of the people to keep and bear arms shall not be infringed but the General Assembly shall have power to prescribe the manner in which arms may be borne
Paragraph XXIII Legislative judicial and executive powers separate 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
Paragraph XXIV Right to assemble and petition 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
Paragraph XXV Citizens protection of All citizens of the United States resident in this State are hereby declared citizens of this State and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights privileges and immunities due to such citizenship
Section II
Paragraph I Libel jury in criminal cases new trials In all prosecutions or indictments for libel the truth may be given in evidence and the jury in all criminal cases shall be the judges of the law and the facts The power of the judges to grant new trials in case of conviction is preserved
Paragraph II Treason 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
Paragraph III Conviction effect of No conviction shall work corruption of blood or forfeiture of estate
217
Art 1 Sec 2 Par 4
Paragraph IV Lotteries All lotteries and the sale of lottery tickets are hereby prohibited and this prohibition shall be enforced by penal laws
Paragraph V Lobbying penalties Lobbying is declared to be a crime and the General Assembly shall enforce this provision by suitable penalties
Paragraph VI Fraud concealment of property 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 Private ways just compensation In case 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
Paragraph II Attainder ex post facto and retroactive laws etc No bill of attainder ex post facto law retroactive law or law impairing the obligation of contracts or making irrevocable grant of special privileges or immunities shall be passed
Paragraph III Revocation of ta exemptions All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void
Section IV
Paragraph I General laws uniform operation how varied Laws of a general nature shall have uniform operation throughout the State and no special law shall be enacted in any case for which provision has been made 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 to be affected thereby and no person under legal disability to contract is capable of such consent
Paragraph II Wht acts void Legislative acts in violation of this Constitution of the Constitution of the United States are void and the Judiciary shall so declare them
Section V
Paragraph I State rights The people of this State have the inherent sole and exclusive rights 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
218
Art 1 Sec 5 Par 2
Paragraph II Enumeration of rights not denial of others The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed
Section VI
Paragraph I Tidewater titles confirmed The Act of the General Assembly approved December 16 1902 which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed
ARTICLE II
Elective Franchise Section I
Paragraph I Elections by ballot registration of voters 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 II Who shall be an elector entitled to register and vote Every citizen of this State who is a citizen of the United States eighteen 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 the rights of an elector by reason of being stationed on duty in this State
Paragraph III Who entitled to register and vote 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
Paragraph IV Qualifications of electors Every 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 II of Article II of this Constitution and who possesses the qualifications prescribed in Paragraphs II and III of this Section or who will possess them at the date of the election occurring next after his registration and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph
1 All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government or
219
Art 2 Sec 1 Par 4
2 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
Paragraph V Appeal from decision of registrars 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 two subdivisions of Paragraph IV 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 writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals
Paragraph VI Judgment of force pending appeal Pending an appeal and until the final decision of the case the judgment of the registrars shall remain in full force
Section II
Paragraph I Registration of electors who disfranchised The General Assembly may provide from time to time for the registration of all electors but the following classes of persons shall not be permitted to register vote or hold any office or appointment of honor or trust in this State towit 1st Those who shall have been convicted in any court of competent jurisdiction of treason against the State of embezzlement of public funds malfeasance in office bribery or larceny or of any crime involving moral turpitude punishable by the laws of this State with imprisonment in the penitentiary unless such persons shall have been pardoned 2nd Idiots and insane persons
Section III
Paragraph I Privilege of electors from arrest 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 Holder of public funds 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
220
Art 2 Sec 5 Par 1
Section V
Paragraph I Sale of liquors on election days The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same
Section VI
Paragraph I Returns made to whom Returns of election for all civil officers elected by the people who are to be commissioned by the Governor and also for 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 Power vested in General Assembly 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 Number of senators and senatorial districts The Senate shall consist of not more than fiftyfour members and there shall be not more than fiftyfour Senatorial Districts with one Senator from each District as now constituted or as hereafter created The various Senatorial Districts shall be comprised of the counties as now provided and the General Assembly shall have authority to create rearrange and change these Districts within the limitation herein stated
Section III
Paragraph I Number of representatives The House of Representatives shall consist of representatives apportioned among the several counties of the State as follows To the eight counties having the largest population three representatives each to the thirty counties having the next largest population two representatives each and to the remaining counties one representative each
Paragraph II Apportionment changed how The above apportionment shall be changed by the General Assembly at its first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section III of this article
221
Section IV
Paragraph I Term of members The members of the General Assembly shall be elected for two years and shall serve until the time fixed by law for the convening of the next General Assembly
Paragraph II Election when The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November 1946 and subsequent elections biennially on that day until the day of election is changed by law
Paragraph III Meeting of the General Assembly The General Assembly shall meet in regular session on the second Monday in January 1947 and biennially thereafter on the same day until the date shall be changed by law By concurrent resolution adopted by a majority of members elected to both Houses the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session but shall remain in regular session no longer than seventy 70 days in the aggregate during the term for which the members were elected If it shall adjourn the first regular session before the expiration of seventy 70 days without fixing a date for reconvening the General Assembly shall reconvene in regular session on the second Monday in January of the next year unless it shall have adjourned sine die All business pending in the Senate or House at the adjournment of any regular session may be considered at any later regular session of the same General Assembly as if there had been no adjournment Nothing herein shall be construed to effect the power of the Governor to convoke the General Assembly in extraordinary session or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of threefifths of the members elected to the Senate and the House of Representatives as provided in Article V Section I Paragraph XII of this Constitution If an impeachment trial is pending at the end of any regular or extraordinary session the Senate may continue in session until such trial is completed The provisions of Paragraph III Section IV of Article III of the Constitution which this Constitution supersedes which apply to the meetings of the General Assembly shall continue in force until the second Monday in January 1947
Paragraph IV Quorum 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
Paragraph V Oath of members Each Senator and Representative before taking his seat shall take the following oath or affirmation towit I will support the Constitution of this State and of the United States and on all questions and measures which may come before me I will so conduct myself as will in my judgment be most conducive to the interests and prosperity of this State
Art 3 Sec 4 Par 6
Paragraph VI Eligibility appointments forbidden No person holding a military commission or other appointment or office having any emolument or compensation annexed thereto under this State or the United States or either of them except Justices of the Peace and officers of the militia nor any defaulter for public money or for any legal taxes required of him shall have a seat in either house nor shall any Senator or Representative after his qualification as such be elected by the General Assembly or appointed by the Governor either with or without the 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 unless he shall first resign his seat provided however that during the term for which he was elected n Senator or Representative shall be appointed to any civil office which has been created during such term
Paragraph VII Removal from district or county effect of The seat oi a member of either house shall be vacated on his removal from the district or county from which he was elected
Section V
Paragraph I Qualifications of Senators 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
Paragraph II President The presiding officer of the Senate shall be styled the President of the Senate A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death resignation or disability of the President or in the event of his succession to the executive power
Paragraph III Impeachments The Senate shall have the sole power to try impeachments
Paragraph IV Trial of impeachments When sitting for that purpose the members shall be on oath or affirmation and shall be presided over by the Chief Justice or the Presiding Justice of the Supreme Court Should the Chief Justice be disqualified the Senate shall select a Justice of the Supreme Court to preside No person shall be convicted without the concurrence of twothirds of the members present
Paragraph V Judgments in impeachments Judgments in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor trust or profit within this State but the party convicted shall nevertheless be liable and subject to indictment trial judgment and punishment according to law
Section VI
Paragraph I Qualifications of representatives The Representatives shall be citizens of the United States who have attained the age of
223
p
Art 3 Sec 6 Par 1
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
Paragraph II Speaker 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
Paragraph III Power to impeach The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office
Section VII
Paragraph I Election returns etc disorderly conduct Each House shall be the judge of the election returns and qualifications of its members and shall have power to 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
Paragraph II Contempts how punished 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
Paragraph III Privilege of members The members of both Houses shall be free from arrest during their attendance on the General Assembly and in going thereto or returning therefrom except for treason felony larceny or breach of the peace and no member shall be liable to answer in any other place for anything spoken in debate in either House
Paragraph IV Journals and acts Each House shall keep a journal of its proceedings and publish it immediately after its adjournment The General Assembly shall provide for the publication of the laws passed by each session
Paragraph V Where journals kept The original journal shall be preserved after publication in the office of the Secretary of State but there shall be no other record thereof
Paragraph VI Yeas and nays when taken The yeas and nays on any question shall at the desire of onefifth of the members present be entered on the Journal
Paragraph VII Bills to be read 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 but the first and second reading of each local bill shall consist of the reading of the title only unless said bill is ordered to be engrossed
r paragraph 1 foprating ijie and nays
1 Paragraph ii the slepresental liiawwhi ijainpropose iie without amewas reji
Paragraph tome a law nbeis eleci livery insti
j Paragraph K No loc Moil to a iiwhich the pished on Mediately I local or 1 made a Ser or acc said notice h person has shortened or slid such i people of th fee any 1
Art 3 Sec 7 Par 8
Paragraph VIII One subject matter expressed No law shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof
Paragraph IX General appropriation bill 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 for 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
Paragraph X Bills for revenue 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
Paragraph XI Public money how drawn No money shall be drawn from the Treasury except by appropriation made by law
Paragraph XII Bills appropriating money No bill or resolution appropriating money shall become a law unless upon its passage the yeas and nays in each house are recorded
Paragraph XIII Acts signed rejected bills All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives and no bill or resolution intended to have the effect of a law which shall have been rejected by either house shall be again proposed during the same session under the same or any other title without the consent of twothirds of the House by which the same wasrejected
Paragraph XIV Majority of members to pass bill 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
Paragraph XV Notice of intention to ask local legislation necessary No local or special bill shall be passed unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriffs advertisements for the locality affected are published once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher or accompanied by an affidavit of the author to the effect that said notice has been published as provided by law No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question Where any local law shall add any member or members to any municipal or county governing authority the members of which are elected
225
Art 3 Sec 7 Par 15
by the people such local law must provide that the member or members so added must be elected by a majority vote of the qualified voters of the political subdivision affected
Paragraph XVI Statutes and sections of code how amended 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
Paragraph XVII Corporate powers how granted The General Assembly shall have no power to grant corporate powers and privileges to private companies 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 it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation All corporate powers and privileges to banking trust 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 and if in any event the Secretary of State should be disqualified to act in any case then in that event the legislature shall provide by general laws by what person such charter shall be granted
Paragraph XVIII Recognizances 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 officers
Paragraph XIX Yeas and nays to be entered when Whenever the Constitution requires a vote of twothirds of either or both houses for the passage of an act or resolution the yeas and nays on the passage thereof shall be entered on the Journal
Paragraph XX Powers of the General Assembly The General Assembly shall have the power to make all laws consistent with this Constitution and not repugnant to the Constitution of the United States which they shall deem necessary and proper for the welfare of the State
Paragraph XXI Signature of Governor No provision in this Constitution for a twothirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case except in the case of the twothirds vote required to override the veto to submit constitutional amendments and in case of prolongation of a session of the General Assembly
Paragraph XXII Adjournments Neither House shall adjourn for more than three days or to any other place without the consent of the
226
Art 3 Sec 7 Par 22
other and in case of disagreement between the two Houses on a question of adjournment the Governor may adjourn either or both of them
Paragraph XXIII Zoning and planning laws The General Assembly of the State shall have authority to grant the governing authorities of the municipalities and counties authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvements on real estate therein
Paragraph XXIV Civil service equal preference to veterans Neither the State of Georgia nor any political subdivision thereof shall inaugurate or maintain any civil service scheme of any nature whatever which fails to provide for honorably discharged veterans of any war and the said State of Georgia or any political subdivision shall if a civil service scheme is originated or is already in force provide equal preferences accorded to such veterans as now exist under Federal Civil Service Laws
Paragraph XXV Street Railways The General Assembly shall not authorize the construction of any street passenger railway within the limits of any incorporate town or city without the consent of the Corporate Authorities
Section VIII
Paragraph I Officers of the two houses The officers of the two houses other than the President of the Senate and Speaker of the House shall be a President Pro Tempore and Secretary of the Senate and Speaker Pro Temporeand Clerk of the House of Representatives and such assistants as each House may provide for
Section IX
Paragraph I Compensation expense and mileage The per diem of members of the General Assembly shall be 1000 per day plus the additional sum of 500 per day for maintenance expense and the mileage shall not exceed 10 cents for each mile traveled by the nearest practical route in going to and returning from the Capitol but the President Pro Tempore of the Senate when serving as presiding officer thereof and the Speaker of the House of Representatives shall each receive 1500 per day as per diem plus the additional sum of 500 per day for maintenance expense
Section X
Paragraph I Viva voce vote place of meeting All elections by the General Assembly shall be viva voce and the vote shall appear on
227
Art 3 Sec 10 Par 1
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 m such cases preside and declare the result
Section XI
Paragraph I Salaries of elective officials how changed The General Assembly may at any time by a majority vote of both branches prescribe other and different salaries for all of the elective officers provided for in this Constitution but no such change shall affect the officers then in commission
ARTICLE IV
Public Utilities Eminent Domain Police Power Insurance Companies Contracts Etc
Section I
Paragraph I Public utility tariffs and charges The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services of preventing unjust discriminations and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities are hereby conferred upon the General Assembly whose duty it shall be to pass laws from time to time to regulate such tariffs and charges to prohibit unjust discriminations by the various railroads and public utilities of this State and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties provided nevertheless that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State except as provided in this Constitution
Paragraph II Rebates No public utility company shall give or pay any rebate or bonus in the nature thereof directly or indirectly or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished any such payments shall be illegal and void and these prohibitions shall be enforced by suitable penalties
Section II
Paragraph I Right of eminent domain The exercise of the right of eminent domain shall never be abridged nor so construed as to prevent the General Assembly from taking property and franchises and subjecting them to public use
Constitut
3bs whil kit defeat andvoi i3to authori
is Tested v Mtktm mitent i shall coi llehainnj ifemerabei desist of tl Mistitatk dter e gene I iS Thera fcqnalii ofelecti ig the cha Shy the G
Wph I
fee of hi
228
Art 4 Sec 2 Par 2
Paragraph II Police power The exercise of the police power of the State shall never be abridged nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others or the general wellbeing of the State
Section III
Paragraph I Charters revived or amended subject to Constitution 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 such corporation shall thereafter hold its charter subject to the provisions of this Constitution and every amendment of any charter of any corporation in this State or any special law for its benefit accepted thereby shall operate as a novation of said charter and shall bring the same under the provision of this Constitution
Section IV
Paragraph I Contracts to defeat competition All contracts and agreements which may have the effect or be intended to have the effect to defeat or lessen competition or to encourage monopoly shall be illegal and void The General Assembly of this State shall have ho power to authorize any such contract or agreement
Paragraph II General Assembly to enforce Article The General Assembly shall enforce the provisions of this Article by appropriate legislation
Paragraph III Public Service Commission as constitutional officers There shall be a Public Service Commission for the regulation of utilities vested with the jurisdiction powers and duties now provided by law or that may hereafter be prescribed by the General Assembly not inconsistent with other provisions of this Constitution Such Commission shall consist of five members who shall be elected by the people A chairman shall be selected by the members of the Commission from its membership The first Commission under this amendment shall consist of the commissioners in office at the time of the adoption of this constitutional amendment and they shall serve until December 31 after the general election at which the successor of each member is elected Thereafter all succeeding terms of members shall be for six years The qualifications compensations filling of vacancies manner and time of election power and duties of members of the Commission including the chairman shall be such as are now or may hereafter be provided by the General Assembly
Section V
Paragraph I Wifes separate estate All property of the wife at the time of her marriage and all property given to inherited or
229
Art 4 Sec 5 Par 1
acquired by her shall remain her separate property and not be liable for the debts of her husband
Section VI
Paragraph I Nonresident insurance companies 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 Comptroller General of the State in which they are chartered or of this State the Insurance Commissioner 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
Paragraph II License by Comptroller General When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited the Comptroller General 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
Paragraph III Resident insurance companies guarantee fund 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 Comptroller General of the State of Georgia or with some strong corporation which may be approved by said Comptroller General 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 interest and dividends from such securities to be paid when due to the company so depositing Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General whose certificate for the same shall be furnished to the company
Paragraph IV General Assembly to enact laws for peoples protection etc 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
Paragraph V Reports by insurance companies The General Assembly shall compel all insurance companies in this State or doing business therein under proper penalties to make annual reports to the Comptroller General and print the same at their own expense for the information and protection of the people
230
Art 5 Sec 1 Par 1
ARTICLE V
Executive Department Section I
Paragraph I Governor Term of Office Salary etc The executive power shall be vested in a Governor who shall hold his office during the term of four years and until his successor shall be chosen and qualified The Governor serving at the time of the adoption of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of his term of office He shall have a salary of seven thousand five hundred dollars per annum until January 1 1947 The salary of the Governor for each year thereafter shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority 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 The State officers required by this Constitution to be elected at the same time for the same term and in the same manner as the Governor shall also hold office for four years
Paragraph II Election for Governor The first election for Governor under this Constitution shall be held on Tuesday after the first Monday in November of 1946 and the Governorelect shall be installed in office at the next session of the General Assembly An election shall take place quadrennially thereafter on said date 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
Paragraph III Returns of elections 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
Paragraph IV How returns published 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
231
Art 5 Sec 1 Par 4
shall be in life and shall not decline an election at the time appointed for the General Assembly to elect the General Assembly shall immediately elect a Governor viva voce and in all cases of election of a Governor by the General Assembly a majority of the members present shall be necessary to a choice
Paragraph V Contested elections Contested elections shall be determined by both houses of the General Assembly in such manner as shall be prescribed by law
Paragraph VI Qualifications of Governor 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
Paragraph VII Lieutenant Governor Succession to executive power There shall be a Lieutenant Governor who shall be elected at the same time for the same term and in the same manner as the Governor He shall be President of the Senate and shall receive the sum of 2000 per annum In case of the death resignation or disability of the Governor the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly at which a successor to the Governor shall be elected for the unexpired term but if such death resignation or disability shall occur within thirty days of the next general election or if the term will expire within ninety days after the next general election the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor he shall thereby resign his office as Lieutenant Governor effective upon the qualification of the Governor elected for the unexpired term and his successor for the unexpired term shall be elected at such election In case of the death resignation or disability of both the Governor and the Lieutenant Governor the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the Governor Until the qualification of a Lieutenant Governor the provisions of Article V Section I Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect
Paragraph VIII Jnexpired terms filling of The General Assembly shall have power to provide by law for filling unexpired terms by special elections except as provided in this Constitution
Paragraph IX Oath of office The Governor shall before he enters on the duties of his office take the following oath or affirmation
232
Art 5 Sec 1 Par 9
I do solemnly swear or affirm as the case may be that I will faithfully execute the office of Governor of the State of Georgia and will to the best of my ability preserve protect and defend the Constitution thereof and the Constitution of the United States of America
Paragraph X Commanderinchief The Governor shall be commanderinchief of the army and navy of this State and of the militia thereof
Paragraph XI Reprieves and pardons State Board of Pardons and Paroles The Governor shall have power to suspend the execution of a sentence of death after conviction for offenses against the State until the State Board of Pardons and Paroles hereinafter provided shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board or for any other purpose which may be deemed necessary by the Governor Upon conviction for treason the Governor may only 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 The Governor shall at each session of the General Assembly communicate to that body each case of suspension of sentence stating the name of the convict the offense for which he was convicted the sentence and its date the date of the reprieve or suspension and the reasons for granting the same He shall take care that the laws are faithfully executed and shall be a conservator of the peace throughout the State There shall be a State Board of Pardons and Paroles composed of three members who shall be appointed by the Governor and confirmed by the Senate Appointments made at times when the Senate is not in session shall be effective ad interim The first members shall be appointed for terms of three five and seven years respectively to be designated by the Governor and all subsequent appointments shall be for a period of seven years except in case of an unexpired term The Governor shall not be a member of the State Board of Pardons and Paroles The members of the State Board of Pardons and Paroles shall each receive an annual salary of 500000 payable monthly The State Board of Pardons and Paroles shall have power to grant reprieves pardons and paroles to commute penalties remove disabilities imposed by law and may remit any part of a sentence for any offense against the State after conviction except in cases of treason or impeachment and except in cases in which the Governor refuses to suspend a sentence of death Provided that such board shall act on all applications within 90 days from the filing of same ard in all cosies a majority shall decide the action of the Board Except if any member for any cause is unable to serve in any case involving caoital punishment the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon parole commutation removal of disabilities or remission of sentences granted stating the name of the convict the offense for which he was convicted the sentence and its date the date of the
Art 5 Sec 1 Par 11
pardon parole commutation removal of disabilities or remission of sentence and the reasons for granting the same and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law The first Board of Pardons and Paroles under this provision may be those in office under an act of the General Assembly creating such a Board existing at the time of the adoption of this amendment which if so existing shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of this amendment and which Board shall have all the rights privileges powers and duties the same as if it was so subsequently created and the terms of members of such Board shall date from the time specified in the existing Act of the General Assembly The General Assembly may enact laws in aid of but not inconistent with this amendment
Paragraph XII Writs of election called sessions of the General Assembly The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the 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 The Governor shall have power to convoke the General Assembly on extraordinary occasions but no law shall be enacted at called sessions of the General Assembly except such as shall relate to the object stated in his proclamation convening them Providing that such called sessions of the General Assembly shall not exceed 70 days in length unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed
Provided however that when threefifths of the members elected to the House of Representatives and threefifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia it shall thereupon be the duty of said Governor and mandatory upon him within five days from the receipt of such certificate or certificates to convene said General Assembly in extraordinary session for all purposes and in the event said Governor shall within said time Sundays excluded fail or refuse to convene said General Assembly as aforesaid then and in that event said General Assembly may convene itself in extraordinary session as if convened in regular session for all purposes provided that such extraordinary self convened session shall be limited to a period of 30 days unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed
The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session as is now or may be hereafter provided
234
Art 5 Sec 1 Par 13
Paragraph XIII Filling vacancies 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 agreebly to the mode pointed out by this Constitution or by law in pursuance thereof
Paragraph XIV Appointments rejected 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
Paragraph XV Governors veto 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 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
Paragraph XVI Governor to approve resolutions etc Every vote resolution or order to which the concurrence of both houses may be necessary except on a question of election or adjournment shall be presented to the Governor and before it shall take effect be approved by him or being disapproved shall be repassed by twothirds of each house provided however that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution
Paragraph XVII Information from officers and employees suspension of officers The Governor may require information in writing from Constitutional officers department heads and all State employees on any subject relating to the duties of their respective offices or employment The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head 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
Section II
Other Executive Officers
Paragraph I Executive Officers How Elected The Secretary of State Attorney General State School Superintendent Comptroller General Treasurer Commissioner of Agriculture and Commissioner of Labor 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 provisions of the Constitution as to the transmission of the returns of the election counting the votes declaring the
235
Art 5 Sec 2 Par 1
results deciding when there is no election and when there is a contested election applicable to the election of Governor shall apply to the election of the above named executive officers they shall be commissioned by the Governor and hold their offices for the same time as the Governor
Paragraph II Duties Authority and Salaries of Other Executive Officers The General Assembly shall have power to prescribe the duties authority and salaries of the executive officers and to provide help and expenses necessary for the operation of the department of each
Paragraph III Profit From Use of Public Money No State official shall be allowed directly or indirectly to receive any fee interest or reward from any person bank or corporation for the deposit or use in any manner of the public funds and the General Assembly shall enforce this provision by suitable penalties
Paragraph IV Qualifications No person shall be eligible to the office of the Secretary of State Attorney General State School Superintendent Comptroller General Treasurer Commissioner of Agriculture and Commissioner of Labor 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 regulation to be prescribed by law for the faithful discharge of their duties
Paragraph V Fees and Perquisites Denied No State official named in Paragraph I of this Section shall be allowed any fee perquisite or compensation other than their salaries as prescribed by law except their necessary expenses when absent from the seat of government on business for the State
Section III
Paragraph I Great seal what constitutes custody when affixed to instruments 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
Section IV
Paragraph I Game and Fish Commission There is hereby created a State Game and Fish Commission Said Commission shall consist of one member from each Congressional District in this State and one additional member from one of the following named counties towit Chatham Bryan Liberty McIntosh Glynn or Camden The first members of the Commission shall consist of those in office at the time this Constitution is adopted with terms provided by law Thereafter all succeeding appointments shall be made by the Governor and
236
Art 5 Sec 4 Par 1
confirmed by the Senate for a term of seven years from the expiration of the prveious term All members of the Commission shall hold office their successors appointed and qualified Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment
The Commission shall have such powers authority duties and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly
Section V
State Board of Corrections
Paragraph I State Board of Corrections How Composed Director There shall be a State Board of Corrections composed of five members in charge of the State Penal System The Board shall have such jurisdiction powers duties and control of the State Penal System and the inmates thereof as shall be provided by law The Board shall elect a Director of Corrections who shall be the executive officer of the Board The Board of Corrections shall be appointed by the Governor with the consent of the Senate The first appointment shall be for terms of one two three four and five years and their successors shall be appointed for terms of five years each The compensation of the Director and members of the Board shall be fixed by law
Section VI
State Department of Veterans Service
Paragraph I Veterans Service Board How Composed Director There shall be a State Department of Veterans Service and Veterans Service Board composedof seven members who shall have such control duties powers and jurisdiction of the State Department of Veterans Service as shall be provided by law Said Board shall appoint a director who shall be the executive officer of the Department Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged
The first appointments shall be for terms of one two three four five six and seven years Thereafter all terms and appointments except in case of vacancy shall be for seven years Vacancies shall be filled by appointment of the Governor
ARTICLE VI
Judiciary Section I
Paragraph I Courts Enumerated The judicial powers of this State shall be vested in a Supreme Court a Court of Appeals Superior
237
Art 6 Sec 1 Par i
Courts Courts of Ordinary Justices of the Peace Notaries Public who are exofficio Justices of the Peace and such other Courts as have been or may be established by law
Section II
Paragraph I Supreme Court Justices Quorum The Supreme Court shall consist of seven associate justices who shall from time to time as they may deem proper elect one of their member as Chief Justice and one as Presiding Justice the office of Chief Justice as it has heretofore existed under this Constitution being hereby converted into the office of an associate justice with the same right of incumbency and the same succession as to terms as applied to the former office The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court and the Presiding Justice elected in like manner shall perform all the duties devolving upon the Chief Justice when he is absent or disqualified A majority of the court shall constitute a quorum
Paragraph II Court to Designate Judges to Preside When Means for Supreme Court to Prevent Delay in Congested Dockets When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise the qualified Justices shall designate a judge or judges of the Superior Court to preside in said case provided that if all the justices are disqualified they or a majority of them shall despite their disqualification select seven judges of the superior court to preside in the cause but they shall make such selections by lot and in open court from not less than twelve names of such superior court judges
Paragraph III Terms of Office The Justices aforesaid shall hold their offices for six years and until their successors are qualified They shall be elected by the people at the same time and in the same manner as members of the General Assembly provided that the successors to the two incumbents whose terms will expire on December 31 1946 shall be elected for the succeeding terms at the time of electing members of the General Assembly during that year successors to the two incumbents whose terms will expire on December 31 1948 shall be elected in like manner during that year successors to tbe two incumbents whose terms will expire on December 31 1950 shall be elected in like manner during that year and provided further that an additional or seventh Justice shall be immediately appointed by the Governor his tenure under such appointment to expire on December 31 1946 and his successor for the ensuing regular term of six years to be elected at the time and in the manner aforesaid at such general election to be held during that year and all terms except unexpired terms shall be for six years 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
238
Art 6 Sec 2 Par 3
of such elections shall be made to the Secretary of State who shall certify the result to the Governor and commission shall issue accordingly
Paragraph IV Jurisdiction of Supreme Court The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah as existed on August 16 1916 and such other like courts as have been or may hereafter be established in other cities in all cases that involve the construction of the Constitution of the State of Georgia or of the United States or of treaties between the United States and foreign governments in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question and until otherwise provided by law in all cases respecting title to land in all equity cases in all cases which involve the validity of or the construction of wills in all cases of conviction of a capital felony in all habeas corpus cases in all cases involving extraordinary remedies in all divorce and alimony cases and in all cases certified to it by the Court of Appeals for its determination It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court Any case carried to the Supreme Court or to the Court of Appeals which belongs to the class of which the other court has jurisdiction shall until otherwise provided by law be transferred to the other court under such rules as the Supreme Court may prescribe and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the determination of cases
Paragraph V Cases how disposed of The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the courts docket for hearing as provided by Paragraph VIII of this Article and Section or at the next term If the plaintiff in error shall not be prepared to prosecute the case at the term for which it is so entered for hearing unless prevented by providential cause it shall be stricken from the docket and the judgment below shall stand affirmed No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record or either of them resulting from the default of the clerk or other cause unless it shall appear that the plaintiff in error or his counsel caused such delay Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom
Art 6 Sec 2 Par 6
Paragraph VI Judgments may be withheld In any case the Court may in its discretion withhold its judgment until the next term after the same is argued
Paragraph VII The Supreme Court how cases to be heard and determined The Supreme Court shall have power to hear and determine cases when sitting in a body under such regulations as may be prescribed by it
Paragraph VIII Court of Appeals The Court of Appeals shall consist of the Judges provided therefor by law at the time of the ratification of this amendment and of such additional Judges as the General Assembly shall from time to time prescribe All terms of the Judges of the Court of Appeals after the expiration of the terms of the Judges provided for by law at the time of the ratification of this amendment except unexpired terms shall continue six years and until their successors are qualified The times and manner of electing Judges 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 of law from the superior courts and from the City Courts of Atlanta and Savannah as they existed on August 19 916 and such other like courts as have been or may hereafter be established in other cities in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court and in such other cases as may hereafter be prescribed by law except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court it may certify the same 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 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 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 or cases certified from the Court of Appeals to the Supreme Court or as to which such certificate has been required by the Supreme Court as hereinbefore provided All writs of error in the Supreme Court or 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
240
Art 6 Sec 2 Par 8
reporter of the Court of Appeals until otherwise provided by law The laws relating to the Supreme Court as to qualifications and salaries of 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 or by the laws as to the Court of Appeals at the time of the ratification of this amendment 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 of Appeals as precedents The Court of Appeals shall have power to hear and determine cases when sitting in a body except as may be otherwise provided by the General Assembly
In the event of an equal division of judges on any case when the Court is sitting as a body the case shall be immediately transferred to the Supreme Court
Section III
Superior Courts
Paragraph I Terms etc of Superior Court Judges There shall be a judge of the Superior Courts for each judicial circuit whose term of office shall be for four years and until his successor is qualified He may act in other circuits when authorized by law The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State 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 appointment 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
Paragraph II Elections when to be held The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote for members of the General Assembly at the general election held for such members next preceding the expiration of their respective terms
Paragraph III Terms begin when 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 Every vacancy occasioned by death resignation or other causes shall be filled by appointments 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
241
Art 6 Sec 4 Par 1
Section IV
Paragraph I Exclusive jurisdiction The Superior Courts shall have exclusive jurisdiction in cases of divorce in criminal cases where the offender is subjected to loss of life or confinement in the penitentiary in cases respecting titles to land and equity cases
Paragraph II Equity may be merged in common law courts The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by Courts of equity in this State
Paragraph III General jurisdiction Said Courts shall have jurisdiction in all civil cases except as hereinafter provided
Paragraph IV Appellate jurisdiction They shall have appellate jurisdiction in all such cases as may be provided by law
Paragraph V Certiorari mandamus etc 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 theii powers fully into effect and shall have such other powers as are or may be conferred on them by law
Paragraph VI New trials The Superior and City Courts may grant new trials on legal grounds
Paragraph VII Judgment of the court The Court shall render judgment without the verdict of a jury in all civil cases except actions ex delicto where no issuable defense is filed except as otherwise provided in this Constitution and subject to the right of trial by a jury on written demand of either party
Paragraph VIII Sessions The Superior Courts shall sit in each county not less than twice in each year at such times as have been or may be appointed by law The judges of said Courts may on reasonable notice to the parties at any time in vacation at chambers hear and determine by interlocutory or final judgment any matter or issue where a jury verdict is not required or may be waived
Paragraph IX Presiding judge disqualified The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified
Section V
Paragraph I Judges of superior and city courts may alternate when In any county within which there is or hereafter may be a city Court the Judge of said Court and of the Superior Court may preside in the Courts of each other in cases where the judge of either Court is disqualified to preside
242
Art 6 Sec 6 Par 1
Section VI
Paragraph I Appeals from Ordinary The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county from whose decision there may be an appeal or by consent of parties without a decision to the Superior Court under regulations prescribed by law
Paragraph II Powers The Courts of Ordinary shall have such powers in relation to roads bridges ferries public buildings paupers county officers county funds county taxes and other county matters as may be conferred on them by law
The Court of Ordinary shall have jurisdiction to issue warrants try cases and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937 and other traffic laws and in all cases arising under the Compulsory School Attendance law in all counties of this State in which there is no city or county court provided the defendant waives a jury trial Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the Act known as the Georgia State Highway Patrol Act of 1937 and other traffic laws of the State within their respective jurisdiction
Paragraph III Term of office The Ordinary shall hold his office for the term of four years and until his successor is elected and qualified
Section VII
Justices of the Peace
Paragraph I Number and Term of Office There shall be in each militia district one justice of the peace whose official term except when elected to fill an unexpired term shall be for four years Provided however that the General Assembly may in its discretion abolish justice courts and the office of justice of the peace and of notary public exofficio justice of the peace in any city of this State having a population of over twentythousand and establish in lieu thereof such court or courts or system of courts as the General Assembly may in its discretion deem necessary conferring upon such new court or courts or system of courts when so established the jurisdiction as to subject matter now exercised by justice courts nnd by justices of the peace and notaries public exofficio justices of the peace together with such additional jurisdiction either as to amount or subjectmatter as may be provided by law whereof some other court has not exclusive jurisdiction under this Constitution together with such provision as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts and with such further provision for the correction of errors by the Superior Court or Court of Appeals or the Supreme Court as the General Assembly may from time to time in its discretion provide or author
243
Art 6 Sec 7 Par 1
ize Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia Provided however that the General Assembly may in its discretion abolish justice courts and the office of justice of the peace and notary public exofficio justice of the peace m any county in this State having within its borders a city having a population of over twenty thousand and as well in the County of Glynn and establish in lieu thereof such court or courts or system of courts as the General Assembly may in its discretion deem necessary or conferring upon existing courts by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public exofficio justices of the peace together with such additional jurisdiction either as to amount or to subjectmatter as may be provided by law whereof some other court has not exclusive jurisdiction under this Constitution together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts and with such er Proson fr the correction of errors by the superior court or the Court of Appeals or the Supreme Court as the General Assembly may from time to time in its discretion provide or authorize The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with or supplemental to or in lieu of justice courts as may be now or hereafter provided by law Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI oi the Constitution of Georgia
Paragraph II Jurisdiction Justices of the peace shall have jurisdiction m all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed two hundred dollars and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury m said court or an anpeal to the Superior Court under such regulation as may be prescribed by law
Paragraph III Elections and commissions 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
Notaries Public
Paragraph I Appointment number term removal 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 exofficio justices of the peace and shall be removable on conviction for malpractice in office
244
Art 6 Sec 9 Par 1
Section IX
Uniformity of Courts
Paragraph I Uniformity provided for Except as otherwise provided in this Constitution the jurisdiction powers proceedings and practice of all courts or officers invested with judicial powers except City Courts of the same grade or class so far as regulated by law and the force and effect of the process judgment and decree by such courts severally shall be uniform This uniformity must be established by the General Assembly and in case of City Courts may be established by the General Assembly
Section X
Attorney General
Paragraph I Election term of office There shall be an Attorney General of this State who shall be elected by the people at the same time for the same term and in the same manner as the Governor
Paragraph II Duties It shall be the duty of the Attorney General to act as the legal adviser of the Executive Department to represent the State in the Supreme Court in all Capital 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
Solicitors General
Paragraph I Number term of office vacancies There shall be a solicitor general for each judicial circuit whose official term except to fill a vacancy shall be four years The 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 30 days from the time such vacancy occurs at which election a successor for the unexpired term shall be elected
Paragraph II Duties It shall be the duty of the Solicitor General to represent the State in all cases in the Superior Courts of his Circuit and in all cases taken up from the Superior Courts of his Circuit to the Supreme Court and Court of Appeals and to perform such other services as shall be required of him by law
Section XII
Salaries of Justices Judges and Solicitors General
Paragraph I Salaries of Justices Judges and Solicitors General The Justices of the Supreme Court each shall have out of the treasury
of the State salaries of 8000 per annum the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of 8000 per annum the Judges of the Superior Courts each shall have out of the treasury of the State salaries of 6000 per annum and the Solicitors General shall each have out of the treasury of the State a salary of 25000 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and Solicitor General of the Judicial Circuit in which such county lies out of county funds provided however where such salary is at the time of the adoption of this Constitution being supplemented out of county funds under existing laws such laws shall remain in force until altered by the General Assembly Provided further that the Board of County Commissioners of Richmond County or the Ordinary or such other board or person as may from time to time have charge of the fiscal affairs of said county shall without further legislative action continue to supplement from said Countys treasury the salary of the Judge of Superior Court of the circuit of which the said County of Richmond is a part by the sum of Two Thousand 2000 Dollars per annum which shall be in addition to the amount received by said judge out of the State treasury and such payments are declared to be a part of the court expenses of said County and such payment shall be made to the judge now in office during his present or subsequent terms as well as to his successors with the authority in the General Assembly to increase such salary from the County treasury as above provided
Paragraph II Powers to abolish or reinstate fees of Solicitor General The General Assembly shall haye power at any time by a majority vote of each branch to abolish the fees at present accrulhg to the office of solicitor general in any particular judicial circuit and in lieu thereof to prescribe a salary for such office without regard to the uniformity of such salaries in the various circuits and shall have the further power to determine what disposition shall be made of the fines forfeitures and fees accruing to the office of solicitor general in any such judicial circuit where the fees are abolished and likewise shall haye the further power if it so desires to abolish such salary and reestablish such fees but in either event when so changed the change shall not become effective until the end of the term to which the solicitor general was elected
Section XIII
Qualifications of Justices Judges Etc
Paragraph I Age citizenship practice of law No person shall be Justice of the Supreme Court Court of Appeals Judge of Superior Courts or Attorney General unless at the time of his election he shall have attained the age of thirty years and shall have been a citizen of the State three years and have practiced law for seven years and no person shall be hereafter elected Solicitor General unless at the time of his election he shall have attained twentyfive years of age shall
Art 6 Sec 13 Par 1
have been a citizen of the State for three years and shall have practiced law for three years next preceding his election
Section XIV
Venue
Paragraph I Divorce cases Divorce cases shall be brought in the county where the defendant resides if a resident of this state if the defendant be not a resident of this state then in the county in which the plaintiff resides provided that any person who has been a resident of any United States Army Post or military reservation within che State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation
Paragraph II Land titles Cases respecting titles to land shall be tried in the county where the land lies except where a single tract is divided by a county line in which case the Superior Court of either county shall have jurisdiction
Paragraph III Equity cases Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed
Paragraph IV Suits against joint obligors copartners etc Suits against joint obligors joint promissors copartners or joint trespassers residing in different counties may be tried in either county
Paragraph V Suits against maker endorser etc Suits against the maker and endorser of promissory notes or drawer acceptor and endorser of foreign or inland bills of exchange or like instruments residing in different counties shall be brought in the county where the maker or acceptor resides
Paragraph VI All other cases All other civil cases shall be tried in the county where the defendant resides and all criminal cases shall be tried in the county where the crime was committed except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county
Section XV
Change of Venue
Paragraph I Power to change venue The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been or shall be provided by law
Section XVI
Jury Trial
Paragraph I Right of trial by jury The right of trial by jury except where it is otherwise provided in this Constitution shall remain
247
Art 6 Sec 16 Par 1
inviolate but the General Assembly may prescribe any number not less than five to constitute a trial or traverse jury except in the Superior Court
Paragraph II Selection of jurors 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 The General Assembly shall have the power to require jury service of women also under such regulations as the General Assembly may prescribe
Paragraph III Compensation of jurors It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing1 compensation of jurors in all counties in this State
Section XVII
County Commissioners
Paragraph I Power to create County Commissioners The General Assembly shall have power to provide for the creation of countv commissioners in such counties as may require them and to define their duties
Section XVIII
What Courts May Be Abolished
Paragraph I Power to abolish courts All courts not specially mentioned by name in the first section of this Article may be abolished in any county at the discretion of the General Assembly
Paragraph II Supreme Court cost Pauper oath The cost in the Supreme Court and Court of Appeals shall not exceed 1500 until otherwise provided by law Plaintiffs in error shall not be required to pay costs m said courts when the usual pauper oath is filed in the court below
ARTICLE VII
Finance Taxation and Public Debt
Section I
Power of Taxation
Paragraph I Taxation a sovereign right The right of taxation is a sovereign rightinalienable indestructibleis the life of the State and rightfully belongs to the people in all Republican governments and neither the General Assembly nor any nor all other departments of the Government established by this Constitution shall ever have the
248
Art 7 Sec 1 Par 1
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 affect any of these purposes shall be and are hereby declared to be null and void for every purpose whatsoever and said right of taxation shall always be under the complete control of and revocable by the State notwithstanding any gift grant or contract whatsoever by the General Assembly
The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the State shall be a party
Paragraph II Taxing power limited
l The General Assembly shall not by vote resolution or order grant any donation or gratuity in favor of any person corporation or association
2 The General Assembly shall not grant or authorize extra compensation to any public officer agent or contractor after the service has been rendered or the contract entered into
3 The levy of taxes on property for any one year by the General Assembly for all purposes except to provide for repelling invasions suppressing insurrections or defending the State in time of war shall not exceed five 5 mills on each dollar of the value of the property taxable in the State
4 No poll tax shall be levied to exceed one dollar annually upon each poll
Paragraph III Uniformity classification of property All taxes shall be levied and collected under general laws and for public purposes only All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money The General Assembly shall have the power to classify property including money for taxation and to adopt different rates and different methods for different classes of such property
Paragraph IV Exemptions from taxation The General Assembly may by law exempt from taxation all public property places of religious worship or burial all institutions of purely public charity all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious educational and charitable institutions no part of the net profit from the operation of which can inure to the benefit of any private person all buildings erected for and used as a college incorporated academy or other seminary of learning and also all funds or property held or used as endowment by such colleges incorporated academies or seminaries of learning provided the same is not invested in real estate and provided further that said exemptions shall only apply to such colleges incorporated
249
Art 7 Sec 1 Par 4
academies or other seminaries of learning as are open to the general public provided further that all endowments to institutions established for white people shall be limited to white people and all endowments to institutions established for colored people shall be limited to colored people the real and personal estate of any public library and that of any other literary association used by or connected with such library all books and philosophical apparatus and all paintings and statuary of any company or association kept in a public hall and not held as merchandise or for purposes of sale or gain provided the property so exempted be not used for the purpose of private or corporate proiit and income distributable to shareholders in corporations owning such property or to other owners of such property and any income from such property is used exclusively for religious educational and charitable purposes or for either one or more of such purposes and for the purpose of maintaining and operating such institution this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented leased or otherwise used for the primary purpose of securing an income thereon and also provided that such donations of property shall not be predicated upon an agreement contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property The General Assembly shall further have power to exempt from taxation farm products including baled cotton grown in this State and remaining in the hands of the producer but not longer than for the year next after their production
All personal clothing household and kitchen furniture personal property used and included within the home domestic animals and tools and implements of trade of manual laborers but not including motor vehicles are exempted from all State County Municipal and School District ad valorem taxes in an amount not to exceed 30000 in actual value
The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead and only so long as actually occupied by the owner primarily as such but not to exceed 200000 of its value is hereby exempted from all ad valorem taxation for State county and school purposes except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness provided however should the owner of a dwelling house on a farm who is already entitled to homestead exemption participate in the program of rural housing and obtain a new house under contract with the local housing authority he shall be entitled to receive the same homestead exemption as allowed before making such contract The General Assembly may from time to time lower said exemption to not less than 125000 The value of all property in excess of the foregoing exemptions shall remain subject to taxation Said exemptions shall be returned and claimed in such manner as prescribed by the Gnral Assembly The exemption herein provided for shall not apply to taxes levied by municipalities
250
Art 7 Sec 1 Par 4
All cooperative nonprofit membership corporations organized under the laws of this State for the purpose of engaging in rural electrification as defined in subsection 1 of Section 3 of the Act approved March 30 1937 providing for their incorporation and all of the real and personal property owned or held by such corporations for such purpose are hereby exempted from all taxation state county municipal school district and political or territorial subdivisions of the State having the authority to levy taxes The exemption herein provided for shall expire December 31 1961
There shall be exempt from all ad valorem intangible taxes in this State the common voting stock of a subsidiary corporation not doing business in this State if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary
All laws exempting property from taxation other than the property herein enumerated shall be void
Paragraph V Exemptions of certain industries continued Existing exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing in Acts of the General Assembly of 1923 extra session page 67 ratified November 4 1924 shall continue of force until the expiration of the term for which granted
Section II
Purposes and Method of Taxation
Paragraph I Taxation how and for what purposes exercised The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only
1 For the support of the State Government and the public institutions
2 For educational purposes
3 To pay the principal and the interest on the public debt and to provide a sinking fund therefor
4 To suppress insurrection to repel invasion and defend the State in time of war
5 To make provisions for the payment of pensions to exConfederate soldiers and to the widows of Confederate soldiers who were married to such soldiers prior to January 1 1920 and who are unmarried
6 To construct and maintain State buildings and a system of State highways airports and docks
251
Art 7 Sec 2 Par 1
7 To make provision for the payment of oldage assistance to aged persons in need and for the payment of assistance to the needy blind and to dependent children and other welfare benefits provided that no person shall be entitled to the assistance herein authorized who does not qualify for such provisions in every respect in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder Provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes
8 To advertise and promote the agricultural industrial historic recreational and natural resources of the State of Georgia
9 For public health purposes
Paragraph II Teacher retirement systemtaxation for The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder
Paragraph III Revenue to be paid into general fund All money collected from taxes fees and assessments for State purposes as authorized by revenue measures enacted by the General Assembly shall be paid into the General Fund of the State Treasury and shall Ibe appropriated therefrom as required by this Constitution for the purposes set out in this Section and for these purposes only
Paragraph IV Tax returns of public utilities The General Assembly may provide for a different method and time of returns assessments payment and collection of ad valorem taxes of public utilities but not at a greater basis of value or at a higher rate of taxation than other properties
Section III
State Debt
Paragraph I Purposes for which contracted No debt shall be contracted by or on behalf of the State except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting the taxes of that year to repel invasion suppress insurrection and defend the State in time of war or to pay the existing public debt but the debt created to supply deficiencies in revenue shall not exceed in the aggregate five hundred thousand dollars and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made However said debt may be increased in the sum of three million five hundred thousand dollars for
Paragrap hot lie W association i j lolder in or
Paragraph me the t ration or j contracted to or defend its
i sat to the I forth in the p it Re 97 w
ii amend liWness fin Coastal H fits of sai Is or high unions and if indebted i such ind ideates of
Paragraph V
fatly by ai ffflra Assem ft the use oi d through bied a felony dTbich punish
252
Art 7 Sec 3 Par 1
the payment of the public school teachers of the State only The principal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation and the interest paid thereon shall be paid each year out of the general funds of the State
Paragraph III Bonded debt increased when The bonded debt of the State shall never be increased except to repel invasion suppress insurrection or defend the State in time of war
Paragraph III Form of laws to borrow money All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other
Paragraph IV State aid forbidden The credit of the State shall not be pledged or loaned to any individual company corporation or association and the State shall not become a joint owner or stockholder in or with any individual company association or corporation
Paragraph V Assumption of debts forbidden The State shall not assume the debt nor any part thereof of any county municipal corporation or political subdivision of the State unless such debt be contracted to enable the State to repel invasion suppress insurrection or defend itself in time of war Provided however that the amendment to the Constitution proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97 which amendment was ratified on November 8 1932 and which amendment provided for the assumption by the State of indebtedness of the several counties of the State as well as that of the Coastal Highway Districtand the assessments made against the counties of said district for the construction and paving of the public roads or highways including bridges of the State under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired
Paragraph VI Profit on public money The receiving directly or indirectly by any officer of State or county or member or officer of the General Assembly of any interest profits or prerequisites arising from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes shall be deemed a felony and punishable as may be prescribed by law a part of which punishment shall be a disqualification from holding office
Paragraph VII Certain bonds not to be paid The General Assembly shall have no authority to appropriate money either directly or indirectly to pay the whole or any part of the principal or interest of the bonds or other obligations which have been pronounced illegal null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May 1877
253
Art 7 Sec 3 Par 7
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 any 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
Paragraph VIII Sale of States property to pay bonded debt The proceeds of the sale of the Western and Atlantic railroad and any other property owned by the State whenever the General Assembly may authorize the sale of the whole or any part thereof shall be applied to the payment of the bonded debt of the State and shall not be used for any other purpose whatsoever 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
Paragraph IX State sinking fund The General Assembly shall raise by taxation each year in addition to the sum required to pay the public expenses such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then matured The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund The taxes levied for such purposes and the said sinking fund shall be applied to no other purpose whatever The funds in the said sinking fund may be invested in the bonds of the State and also in bonds and securities issued by the Federal Government and subsidiaries of the Federal Government fully guaranteed by that government If the said bonds are not available for purchase the funds in the sinking fund may be loaned by the Treasurer of the State with the approval of the Governor upon terms to be fixed by such officials and when amply secured by bonds of the State or Federal Government
Section IV
Taxation by Counties
Paragraph I Taxing power of counties The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose except
1 To pay the expenses of administration of the county government
2 To pay the principal and interest of any debt of the county and to provide a sinking fund therefor
254
Art 7 Sec 4 Par 1
3 For educational purposes upon property located outside of independent school systems as provided in Article 8 of this Constitution
4 To build and repair the public buildings and bridges
5 To pay the expenses of courts the maintenance and support of prisoners and to pay sheriffs and coroners and for litigation
6 To build and maintain a system of county roads
7 For public health purposes in said county and for the collection and preservation of records of vital statistics
8 To pay county police
9 To support paupers
10 To pay county agricultural and home demonstration agents
11 To provide for payment of old age assistance to aged persons in need and for the payment of assistance to needy blind and to dependent children and other welfare benefits provided that no person shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder provided no indebtedness or liability against the county shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder for such purposes
12 To provide for fire protection of forest lands and for the further conservation of natural resources
13 To provide medical or other care and hospitalization for the indigent sick people of the county
14 To acquire improve and maintain airports public parks and public libraries
15 To provide for workmens compensation and retirement or pension funds for officers and employees
16 To provide reasonable reserves for public improvements as may be fixed by law
Paragraph II Districting of counties The General Assembly may district the territory of any county outside the limits of incorporated municipalities for the purpose of providing systems of waterworks sewerage sanitation and fire protection and authorize such counties to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvement
Section V
Paragraph I Taxing power and contributions of counties cities and political division restricted The General Assembly shall not
255
Art 7 Sec 5 Par 1
authorize any county municipal corporation or political division of this State through taxation contribution or otherwise 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
Section VI
Paragraph I Contracts for use of public facilities a The State state institutions any city town municipality or county of this State may contract for any period not exceeding fifty years with each other or with any public agency public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State state institutions any city town municipality county public agency public corporation or authority provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake
b Any city town municipality or county of this State is empowered in connection with any contracts authorized by the preceding paragraph to convey to any public agency public corporation or authority now or hereafter created existing facilities operated by such city town municipality or county for the benefit of residents of such subdivisions provided the land buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency public corporation or authority and provided such facilities are to be maintained and operated by such public agency public corporation or authority for the same purposes for which such facilities were operated by such city town municipality or county Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency public corporation or authority
c Any city town municipality or county of this State or any combination of the same may contract with any public agency public corporation or authority for the care maintenance and hospitalization of its indigent sick and may as a part of such contract obligate itself to pay for the cost of acquisition construction modernization or repairs of necessary buildings and facilities by such public agency public corporation or authority and provide for the payment of such services and the cost to such public agency public corporations or authority of acquisition construction modernization or repair of buildings and facilities from revenues realized by such city town municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources
256
Art 7 Sec 7 Par 1
Section VII
Limitation on County and Municipal Debts
Paragraph I Debts of counties and cities The debt hereafter incurred by any county municipal corporation or political division of this State except as in this Constitution provided for shall never exceed seven per centum of the assessed value of all the taxable property therein and no such county municipality or division shall incur any new debt except for a temporary loan or loans to supply casual deficiencies of revenue not to exceed onefifth of one per centum of the assessed value of the taxable property therein without the assent of a majority of the qualified voters of the county municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law and provided further that all laws charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties municipal corporations and other political divisions are hereby declared to be null and void and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration but the validity of any and all bond issues by such counties municipal corporations or other political divisions made prior to January 1 1945 shall not be affected hereby provided that any county or municipality of this State may accept and use funds granted by the Federal Government or any agency thereof to aid in financing the cost of architectural engineering economic investigations studies surveys designs plans working drawings specifications procedures and other action preliminary to the construction of public works and where the funds so used for the purposes specified are to be repaid within a period of ten years
Paragraph II Levy of taxes to pay bonds Any county municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution shall at or before the time of so doing provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within thirty years from the date of the incurring of said indebtedness
Paragraph III Additional debt authorized when In addition to the debt authorized in Paragraph I of this section to be created by anv county municipal corporation or political subdivision of this State a debt may be incurred by any county municipal corporation or political subdivision of this State in excess of seven per centum of the assessed value of all the taxable property therein upon the following conditions Such additional debt whether incurred at one or more times shall not exceed in the aggregate three per centum of the assessed value of all the taxable property in such county municipality or political subdivision such additional debt shall be payable m equal installments within the five years next succeeding the issuance of the evidences of such debt there shall be levied by the governing authon
257
Art 7 Sec 7 Par 3
ties of such county municipality or political subdivision prior to the
IITI of5nch additional debt a tax upon all of the tSabie propertv
annuSlTUsufflStytoTmelPalf politicaI subdivision collectable annually suftcient to pay m full the principal and interest of such
such tax shall be in addition to and sepma ther taxes levied by such taxing authorities and the
and apXdrsoIevCf tafsha11 be 13 separate and shall be held used solely for the payment of the principal and interest of
ednLsdshXfirst h6avfwS IfflMIcreate such additional indebtbeen authorized by the General Assembly the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county municXlitv or political subdivision at an election held for such purpose pursuant Ipllll ln accordance with the provisions of this Constitution and of the then existinglaws for the creation of a debt by counties municipal corporations and political subdivisions of this State all of which pro
SgThe mM H lrXllinarrtisin
mg cne result o such election and the votes necessarv to authorizp lndebtedness are hereby made applicable to an election held for the purpose of authorizing such additional indebted
MMlJHSBi authorized conditions In addi
tion to the obligations hereinbefore allowed each countv municinalitv H PoWcal subdivision of the State gM
Decembl 31st ta Sbeemfrary loans betecn January 1st and December 1st m each year to pay expenses for such year upon the
following conditions The aggregate amount of all such loans of such W ianTVC1PahtyJ w P011 subdivision outstanding I anvoSe i exceed seventyfive per centum of the total gross income liZCC0Unti munxclPality or political subdivision from taxes collected by such county municipality or political subdivision in 1ip
D1eEd3tagtSatheoaahdSUCh B shaJ betayaWe on H lnn if1 I calendar year in which such loan is made No
loan may be made m any year under the provisions of this naraeranh when there is a loan then unpaid whichwade in aS Zlr under the provisions of this paragraph Each such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county city or political HBI meeting legally held and such resolution shLl appear upon the minutes of such meeting No such county municipality or
temporary1 1aJ ne WM year an aggregateoltuS
temporary loans and other contracts or obligations for current
expenses in excess of the total anticipated revenue of such countv municipality or subdivision for such calendar year or issue in one calendar year notes warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such yar
Paragraph V Revenue anticipation obligations Revenue anticipation obligations may be issued by any county municipal corporation or political subdivision of this State to provide funds for the pur chase or construction m whole or in part of any revenueproducing
258
Art 7 Sec 7 Par 5
facility which such county municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31 1937 known as the The Revenue Certificate Laws ot as amended by the Act approved March 14 1939 to construct and operate or to provide funds to extend repair or improve any such existing facility and to buy construct extend operate and maintain gas or electric generating and distribution systems together with al necessary appurtenances thereof Such revenue anticipation obligations shall be payable as to principal and interest only from revenue produced by revenueproducing facilities of the issuing political subdivision and shall not be deemed debts of or to create debts against the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution This authority shall apply only to revenue anticipation obligations issued to provide funds for th purchase construction extension repair or improvement of such iacilities and undertakings as are specifically authorized and enumerated by said Act of 1937 as amended by said Act of 1939 and to buy construct extend operate and maintain gas or electric generating and distribution systems together with all necessary appurtenances thereof provided further any revenue certificates issued to buy construct extend operate and maintain gas or electric generating and distribution systems shall before being undertaken be authorized by a majority of those voting at an election held for the purpose m the county municipal corporation or political subdivision affected and provided further that a majority of the registered voters of such county municipal corporation or political subdivision affected shall vote in said election the election for such to be held m the same manner as is used in issuing bonds of such county municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county municipal corporation or political subdivision affected and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof
Provided that after a favorable election has been held as set forth above if municipalities counties or other political subdivisions shall purchase construct or operate such electric or gas utility plants from the proceeds of said revenue certificates and extend their services bevond the limits of the county in which the municipality or political subdivision is located then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities
Paragraph VI Refunding bonds The General Assembly is hereby authored to create a commission and to vest such commission with the newer to secure all necessary information and to approve or disapprPovI the issuance of bonds for the purpose of refunding any bonded indebtedness of any county municipality or political subdivision of this State issued prior to the adoption of this Constitution including the authoritv to approve or disapprove the amount and terms of such refunding bond together with such other powers as to the General
259
Art 7 Sc 7 Par 6
BBIMBB see Proper but not in conflict with the provisions of the Constitution Such refunding bcmds shall be authorized only where such county municipality or political subdivision has not the funds
laBBi mee tle BSi of outstanding bonded indebtedness through failure to levy and collect the required taxes or through
SHHBB the refluired sinking fund for such bonds The General Assembly may approve the issuance of the said refunding1 bonds under the conditions stated Such refunding bonds shall nof B aiJ0tSer outstanding bonded indebtedness exceed the BHij xed by this Constitution for the maximum amount of bonded mdebtedness which may be issued by such county municipality or political subdivision and shall be otherwise governed by all ofythe ffV Provislons of this Constitution No bonds shall be issued
of thta ConSSP relUnd any b0ndS issued alter the
flBSB AVI1 Hi bonds to reduce bonded indebtedness The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund any outstanding bonded indebtedness of any countv municipality or political subdivision now or hereafter issued for the
bondpHeiHiifllHCmg the amount payable principal or interest on such bonded indebtedness and upon the condition that the issuance of such
WUhondg bnndS R reduce the amounts payable upon such outstanding bonds principal or interest Such refunding bonds shall replace have H bonded indebtedness The said Commission shall have the authority to approve or disapprove the terms of any such proposed refunding bonds The General Assembly may authorise the issuance of such refunding bonds issued for the said purpose when afKVd IS tht Said BSB and authorized by thePgoveraing HMj EflBB municiPahty or subdivision without an elec tion by the qualified voters as otherwise required but in all other
Constitution1 refundlng bonds shaI1 comply with the provisions of this
Section VIII
nnagraPph HGShI funds for bonds All amounts collected from bondedf parng the PrinciPal and interest of any novdde ifSlilness of any county municipality or subdivision and to provide for the retirement of such bonded indebtedness above the amount needed to pay the principal and interest on such bonded indebt
fuSdStndhP hiuhe yar f such cohection shall be placed in a sinking und to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing
The funds in such sinking fund shall be kept separate and apart
inTshall bp f TeyS f SUCh C0Uty municipality or subdivision a d osba be used for no purpose other than that above stated The IBM m sub sinking fund may be invested and reinvested by the governing authorities of such county municipality or subdivision or by such other authority as has been created to hold and manage such
260
Art 7 Sec 8 Par 1
sinking fund in the bonds of such county municipality or subdivision and in bonds or obligations of the State of Georgia of the counties and cities thereof and of the government of the United States of subsidiary corporations of the Federal Government fully guaranteed by such government and no other Any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of misdemeanor and shall be punished when convicted as prescribed by law for the punishment of misdemeanors until the General Assembly shall make other provisions for the violation of the terms of this paragraph
Section IX
Appropriation Control
Paragraph I Preparation and submission of General Appropriation Bill The Governor shall submit to the General Assembly within fifteen davs after its organization a budget message accompanied by a dralu of a General Appropriation Bill which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the ensuing fiscal year
Paragraph II Continuation of General Appropriation Act Each General Appropriation Act with such amendments as are adopted from time to time shall continue in force and effect for each fiscal year thereafter until repealed or another General Appropriation Act is adopted provided however that each section of the GeneralAppropriation Act in force and effect on the date of the adoption of this Constitution of general application and pertaining to the administration limitation and restriction on the payment of appropriations and each section providing for appropriation of Federal Grantsand other continuing appropriations and adjustments on appropriations shall remain in force and effect until specifically and separately repealed by the General Assembly
Paragraph III Other or supplementary appropriations In addition to the appropriations made by the General Appropriation Act and amendments thereto the General Assembly may make additional appropriations by Acts which shall be known as supplementary appropriation Acts provided no such
available unless there is an unappropriated surplus in the ate lreas ury or the revenue necessary to pay such appropriation provided by a tax laid for such purpose and collected into theer Fund of the State Treasury Neither House shall pass a Supplementary Appropriation Ml until the General Appropriation Act shall have teen finally adopted by both Houses and approved by the Governor
Paragraph IV Appropriations to be for specific sums The appropriation for each department officer bureau board commission agency or institution for which an appropriation is agspecific sum of money and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof
261
Art 7 Sec 9 Par 5
Paragraph V Appropriations void when Any appropriation made m conflict with either of the foregoing provisions shall be void
Section X
Paragraph I Existing amendments continued of force Amendments to the Constitution of the State of Georgia of 1877 in effect at the date of the ratification by the voters of the State of this Constituai1 shall continue of full force and effect after the ratification of this Constitution where such amendments are of merely local and not general application including the amendments pertaining to the Coastal Highway District of this State There is also continued under provision m force and effect amendments to the Constitution of 1877 applicable to counties and cities having a population in excess of a number stated in such amendments and amendments applicable to counties having a city wholly or partly therein with a population in excess of or not less than a number stated in such amendment and amendments applicable to cities lying in two counties where such amendments are in force and effect at the time of the ratification of this Constitution Provided the amendment of Paragraph I of Section t the Constitution of 1877 proposed by Georgia
Laws 1943 page 53 and ratified August 3 1943 authorizing election by the people of the County Board of Education of Spalding Countv prescribing rules of eligibility of members of the Board providing for election by the Board of the County Superintendent of Schools shall not be continued of force
ARTICLE VIII Education
Section I
Paragraph I System of common schools free tuition separation of races The provision of an adequate education for the citizens shall B primary obligation of the State of Georgia the expense of which shall be provided for by taxation Separate schools shall be provided for the white and colored races
Section II
Paragraph I State Board of Education method of appointment lhere shall be a State Board of Education composed of one member from each Congressional District in the State who shall be appointed by the Governor by and with the advice and consent of the Senate The Governor shall not be a member of the State Board of Education
StateBoard of Education under this Constitution shall consist of those m office at the time this Constitution is adopted with the terms provided by law Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term Vacancies upon said Board caused by expiration of term of office shall
262
Art 8 Sec 2 Par 1
be similarly filled by appointment and confirmation In case of a vacancy on said Board by death resignation or from any other cause other than the expiration of such members term of office the Board shall by secret ballot elect his successor who shall hold office until the end of the next session of the General Assembly or if the General Assembly be then in session to the end of that session During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation All members of the Board shall hold office until their successors are appointed and qualified The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment No person employed in a professional capacity by a private or public education institution or by th State Department of Education shall be eligible for appointment or to serve on said Board No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board and if any person shall be so connected or employed after becoming a member of the Board his place shall immediately become vacant The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitution together with such further powers and duties as may be hereafter provided by law
Section III
Paragraph I State School Superintendent election term etc There shall be a State School Superintendent who shall be the executive officer of the State Board of Education elected at the same time and in the same manner and for the same term as that of the Governor The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed
Section IV
Paragraph I University System of Georgia Board of Regents Thee shall be a Board of Regents of the fMWjEfg and the government control and management of the University System of Georgia and all of its institutions m said system shall be vested in said Board of Regents of the University System of Georgia Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District m the State and five additional members from the Stateatlarge appointed by the Governor and confirmed by the Senate The Governor shall not be a member of the said Board The first Board of Regents under this Constitution shall consist of those in office at the time this Constitution is adopted with the terms provided by law Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term Vacancies upon said Board caused by expiration of term of
263
Art 8 Sec 4 Par 1
ioeJhaI be similarly filled by appointment and confirmation In case of a vacancy on said Board by death resignation of a member iMBiSftiWi the expiration of such members 111 1IBM the frd shall by secret ballot elect his successor who
imBISP untl1 ithA6 end of the next sessin of the General Assemy r if the General Assembly be then in session to the end of that session During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation All
Sranioinid116 HI es shall hold office until are appointed The said Board of Regents of the University System
s11 have the powers and duties as provided by law existing time ih0 adoption of this Constitution together with such urther powers and duties as may be hereafter provided by law
Section V
PaAagaPL Count7 System Board of Education election term etc Authority is granted to Counties to establish and maintain public Son S W1ihm theirllmits Each County exclusive of any independent diSXJL VSiTaiTva exisence m a County shall compose one school HUM BBEBRS confined to the control and management of a
sectfrni iSlduCatlnA The Grand Jury of each County shall select from the citizens of their respective Counties five freeholders
llBBi constitute the County Board of Education Said members shall be elected for the term of five years except that the first election this Constitution shall be for such terms that MM expiration of the term of one member of the
BniiyhvHrdiif Edacatn each year In case of a vacancy on said lBft death resignation of a member or from any other cause tlmn the expiration of such members term of office the Board shall by secret ballot elect his successor who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of the Board for the unexpired term The MPPjiP the County Board of Education of such County shall be
tpisi d frm fill p0r jlon of the County not embraced within the territory of an independent school district
The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees
Section VI
Paragraph I County School Superintendent election term etc There shall be a County School Superintendent who shall be the executive officer of the County Board of Education He shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers The qualifications and the salary of the County School Superintendent shall be fixed by law
264
Art 8 Sec 7 Par 1
Section VII
Paragraph I Independent systems continued new systems prohibited Authority is hereby granted to municipal corporations to maintain existing independent school systems and support the same as authorized by special or general law and such existing systems may add thereto colleges No independent school system shall hereafter be established
Section VIII
Paragraph I Meetings of Boards of Education All official meetings of County Boards of Education shall be open to the public
Section IX
Paragraph I Contracts for care of pupils County Boards of Education and independent school systems may contract with each other for the education transportation and care of pupils
Section X
Paragraph I Certain systems protected Public schools systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution
Section XI
Paragraph I Grants bequests and donations permitted The State Board of Education and the Regents of the University System of Georgia may accept bequests donations and grants of land or other property for the use of their respective systems of education
Paragraph II Grants bequests and donations to county Boards of Education and independent school systems County Boards of Education and independent school systems may accept bequests donations and grants of land or other property for the use of their respective systems of education
Section XII
Paragraph I Taxation by counties for education The fiscal authority of the several Counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills as recommended by the County Board of Education upon the dollar of all taxable property in the County located outside independent school systems The independent school system of Chatham County and the City of Savannah being coextensive with said County the levy of saidtax shall be on all property in said County as recommended by the governing body of said system
265
Art 9 Sec 1 Par 1
ARTICLE IX
Homesteads and Exemptions Section I
Paragraph I Amount of homestead and exemptions There is hereby exempt from levy and sale by virtue of any process whatever under the laws of this State 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 person having the care and support of dependent females of any age who is not head of a family realty or personalty or both to the value in the aggregate of sixteen hundred dollars and the General Assembly shall have authority to provide the manner of exempting said property the sale alienation and encumbrance thereof and to provide for the waiver of said exemption by the debtor
Paragraph II Homestead and exemption laws continued The laws now of force with respect to homestead and exemptions shall remain in full force until changed by law
ARTICLE X
Militia Section I
Paragraph I Organization of Militia A well regulated militia being essential to the peace and security of the State the General Assembly shall have authority to provide by law how the militia of this State shall be organized officered trained armed and equipped and of whom it shall consist
Paragraph II Volunteers The General Assembly shall have power to authorize the formation of volunteer companies and to provide for their organization into battalions regiments brigades divisions and corps with such restrictions as may be prescribed by law and shall have authority to arm and equip the same
Paragraph III Pay of militia and volunteers The officers and men of the militia and volunteer forces shall not be entitled to receive any pay rations or emoluments when not in active service by authority of the State
ARTICLE XI
Counties and Municipal Corporations Section I
Paragraph I Counties a corporate body boundaries 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
266
Art 11 Sec 1 Par 1
name thereof and the metes and bounds of the several counties shall remain as now prescribed by law unless changed as hereinafter provided
Paragraph II Number limited There shall not be more than one hundred and fiftynine counties in this State
Paragraph III New counties permitted when No new county shall be created except by the consolidation or merger of existing counties
Paragraph IV Consolidation of counties method The General Assembly shall have power with the concurrence of twothirds of the qualified voters of each of the conties to be affected who participate in elections held for that purpose to provide for the consolidation of two or more counties into one or the merger of one or more counties into another or the division of a county and the merger of portions thereof into other counties
Paragraph V Dissolution of counties method Any county may be dissolved and merged with a contiguous county or counties by twothirds of the qualified voters of each of the counties affected who participate in elections held for that purpose
Paragraph VI County governments uniform exceptions Whatever tribunal or officers may be created by the General Assembly for the transaction of county matters shall be uniform throughout the State and of the same name jurisdiction and remedies except that the General Assembly may provide for Commissioners of Roads and Revenues in any county may abolish the office of County Treasurer in any county may fix the compensation of County Treasurers and may consolidate the offices of Tax Receiver and Tax Collector in the office of Tax Commissioner and may fix his compensation without respect to uniformity
Paragraph VII Consolidation of governments submission to voters The General Assembly may provide by general law optional systems of consolidated county and municipal government providing for the organization and the powers and duties of its officers Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting
Paragraph VIII County lines County lines shall not be changed unless under the operation of a general law for that purpose
Paragraph IX County sites changed method No county site shall be changed or removed except by a twothirds vote of the qualified voters of the county voting at an election held for that purpose and by a majority vote of the General Assembly
Section II
Paragraph I County officers election term removal eligibility The county officers shall be elected by the qualified voters of their
267
Art 11 Sec 2 Par 1
respective counties or districts and shall hold their office for four years They shall be removed upon conviction for malpractice in office and no person shall be eligible for 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
Paragraph II Compensation of county officers County officers may be on a fee basis salary basis or fee basis supplemented by salary in such manner as may be directed by law
ARTICLE XII
The Laws of General Operation in Force in This State Section I
Paragraph I Supreme law The laws of general operation in this 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
Paragraph II Second in authority Second As next in authority thereto This Constitution
Paragraph III Third in authority Third In subordination to the foregoing All laws now of force in this State not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly
Paragraph IV Local and private acts Local and private acts passed for the benefit of counties cities towns corporations and private persons not inconsistent with the Supreme law nor with this Constitution and which have not expired nor been repealed shall have the force of Statute law subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms
Paragraph V Proceedings of courts confirmed All judgments decrees orders and other proceedings of the several courts of this State heretofore made within the limits of their several jurisdictions are hereby ratified and affirmed subject only to reversal by motion for a new trial appeal bill of review or other proceedings in conformity with the law of force when they were made
Paragraph VI Existing officers The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified But nothing herein is to apply to any officer whose office may be abolished by this Constitution
ARTICLE XIII
Amendments to the Constitution Section I
Paragraph I Proposed by General Assembly submission to people Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shall be
268
Art 13 Sec 1 Par 1
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 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 at which election members of the General Assembly are chosen and if such proposed amendment directly affects only one or more political subdivisions of the State then it shall also be advertised in the area to be directly affected thereby and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election and if the people shall ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment or amendments shall become a part of this Constitution provided that if the proposed amendment is not one that directly affects the whole State but only one or more subdivisions thereof said amendment shall not become a part of this Constitution unless it receive both a majority of the electors qualified to vote voting thereon in the State as a whole and also a majority of the electors qualified to vote voting thereon in the particular subdivision of subdivisions affected 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
Paragraph II Convention how called 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 members of each house of the General Assembly The representation in said convention shall be based on population as near as practicable This Constitution shall not be revised amended or changed by the Convention until the proposed revision amendment or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly
Paragraph III Veto not permitted The Governor shall not have the right to veto any proposal by the General Assembly to amend the Constitution
ARTICLE XIV
Merit System Section I
Paragraph I State Personnel Board A nonsalaried State Personnel Board comprised of three citizens of this State of known interest in the improvement of public administration shall administer a State Merit System under which state personnel shall be selected on a basis of merit fitness and efficiency according to law The members of the State Personnel Board shall be appointed by the Governor with the advice of the Senate The first members shall be appointed for terms of three five and seven years respectively the terms to be designated by the Governor All subsequent appointments shall be for a period
269
Art 14 Sec 1 Par 1
of seven years except unexpired terms No State official or employee shall be a member of the State Personnel Board
Paragraph II Retirement System Appropriation The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system Adequate appropriations shall be provided for the operation of a merit system and the State Personnel Board
ARTICLE XV
Home Rule Section I
Paragraph I Uniform systems of county and municipal government The General Assembly shall provide for uniform systems of county and municipal government and provide for optional plans of both andshall provide for systems of initiative referendum and recall in some of the plans for both county and municipal governments The General Assembly shall provide a method by which a county or municipality may select one of the optional uniform systems or plans or reject any or all proposed systems or plans
Method of Submission Section II
That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in August 1945 as provided by law Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words for the amendment revising the Constitution Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words against the amendment revising the Constitution If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor he shall proclaim the amendment revising the Constitution of 1877 as the revised Constitution of Georgia
ROY V HARRIS
Speaker of the House of Representatives
P T McCUTCHEN JR
Clerk of the House of Representatives
FRANK C GROSS President of the Senate
MRS HENRY W NEVIN Secretary of the Senate
Approved
ELLIS ARNALL Governor This 9th day of March 1945
270