national committee. It then elects a temporary chairman, and afterward
a permanent president. The convention appoints the national committee,
calling upon the delegation from each State to name its member; adopts
a declaration of principles, called a _platform_, for the approaching
campaign; nominates candidates for President and Vice President, and
performs various other work connected with the party organization.
PLATFORM.--The declaration of party principles adopted and issued by a
convention is called a platform, and each separate statement of a
principle is popularly called a _plank_.
The platform is an announcement of the policy to be pursued by the
party if its candidates are elected, and is presumed to contain all the
important principles upon which the voters of the party are agreed.
Upon these principles the party claims the right to administer the
public affairs of the country.
The platforms of State and local conventions are usually based upon the
national platform of the same party, but also contain statements of
principles upon local questions.
NOMINATIONS.--To _nominate_ a candidate is to name him for office; that
is, to place his name before the public. The person nominated is
called the nominee, and all the nominees for a certain election
constitute a ticket.
A nomination usually secures to a candidate the general support of the
party. Voters may vote for other persons than the nominees, but the
great body of voters usually support the tickets of their respective
parties. Nomination serves to prevent a great number of candidates,
and thus simplifies the election.
PRIMARY ELECTIONS.--Candidates for township, county, and other offices
are frequently chosen by means of primary elections.
A _primary election_ is an election in which the members of a party
choose their candidates for office. As a rule, none but the members of
the party holding it can vote in a primary election. Many persons
prefer the primary, to a convention, believing the former to be a
fairer and more impartial method of ascertaining the choice of the
party. The voting is usually by ballot.
In many States primary elections are under the control of the law, and
are guarded by the same restrictions that pertain to other elections.
CAUCUSES.--A meeting composed of the members of a legislative body who
are of the same party, and assembled for party purposes, is called a
_caucus_. _Ward conventions_ in cities are sometimes called by the
same name.
The usual purpose of a caucus is to nominate candidates for offices
within the gift of the legislative body, or to consider questions of
legislation. A caucus elects a chairman and other officers, but rarely
if ever adopts a platform of principles. The great political parties
of the country have caucuses in each branch of Congress, and usually in
the legislatures of the several States.
SUGGESTIVE QUESTIONS.
1. Name the great parties that have existed in the United States.
2. Who are the respective chairmen of the national executive committees
of the two great parties?
3. Read the last national platforms of the two great parties.
4. Which do you like better, primary elections or conventions? Why?
5. Should a member of a legislative body be influenced in his vote by
the decision of the caucus of his party?
CHAPTER XXI.
LEGISLATION.
Legislation, the act or process of making laws, is the most important
function of government. It is the most important, because it is the
first step, and the enforcement and interpretation of laws depend upon
their enactment. The laws of a country should be as few in number, as
simple in construction, and as uniform in their application, as will
meet the needs of the people. It is a great misfortune for the laws to
bear unequally upon the people; to grant special privileges to one
class, or to impose special hardships upon another class.
The great variety and volume of laws made by the national and the State
legislatures of the United States have led to a close study of
legislation. In no other country is the process of making laws so
thoroughly mastered, or parliamentary law so generally understood.
BILLS.--The process of enacting a law, from its introduction to its
final approval, is an intricate and interesting study. Until its
passage and final approval, a measure is called either a _bill_ or a
_resolution_.
Bills and resolutions are very similar, the latter usually being
simpler, and beginning with the words, "Be it resolved" or simply
"Resolved," while the former begin with the words, "Be it enacted." A
joint resolution as well as a bill requires the concurrence of both
houses of a legislative assembly to make it a law.
INTRODUCTION.--The introduction of a bill is the first presentation of
it to a legislative body for action. This is usually done by asking
"leave" of the body, either orally or in writing, to bring the measure
before it. This leave to present is rarely if ever refused.
The rules require that after its introduction it shall be three times
read aloud before its passage. These three readings do not refer to
readings for information as to its provisions. The constitutions of
nearly all States require that the three readings shall be on three
different days; but in most of them this rule, may be suspended by a
two thirds, three fourths, four fifths, or unanimous vote, the
requisite majority varying in different States.
COMMITTEES.--When a bill or resolution is introduced, it is usual to
refer it to a committee for a critical consideration. A _committee_
usually consists of from three to thirteen members, of whom the first
named is usually chairman, presumably selected for their knowledge of
the subjects to come before them.
A _standing committee_ lasts during the entire session. Most
legislative bodies have from twenty to forty standing committees.
A _special_ or _select committee_ is raised for a special purpose, and
is usually adjourned when its report is made.
A _committee of the whole_ consists of all the members of a body
sitting as a committee. In committees of the whole the regular
presiding officer usually vacates the chair, calling some other member
of the body to act as chairman. The principal part of the work of a
legislative body is perfected by its committees. They discuss the
merits and demerits of bills, and perfect such as, in their judgment,
should pass.
REPORTS.--The committee to whom a bill has been referred critically
examines it, and usually reports it to the body, either _favorably_ or
_unfavorably_, recommending that it should pass or should not pass. If
the members of a committee are equally or nearly equally divided as to
the merits of the bill, it may be reported without an expression of
opinion.
When important bills are reported by a committee they are usually
discussed by the members of the body. The debate on the measure
usually brings out the reasons for, and those against, its passage.
Many bills are several times recommitted--that is, again referred to a
committee--before their passage.
In some legislative bodies, especially in the Congress of the United
States, a great many bills are _pigeon-holed_ by committees; that is,
are filed away and never reported. The reports of the committees,
whether favorable or unfavorable, are usually adopted by the body, and
therefore have an important bearing upon legislation.
AMENDMENTS.--In most legislative bodies a bill may be amended at the
pleasure of the majority, before it is read the third time. Amendments
are made for the purpose of perfecting the measure. A bill may be
amended by striking out some of its provisions, by striking out and
inserting, or by inserting.
A bill passed by one house of a legislature maybe amended by the other
house, but, if amended, must be returned with the amendment to the
house in which it originated, in order that the amendment may be
considered. If one house amends and the other refuses to accept, the
bill is often referred to a _conference committee_ of members of both
houses. If this does not secure agreement, and both adhere to their
original action, the bill fails.
PASSAGE.--When a bill passes the house in which it originated, the
clerk transmits and reports it to the other house for action. The
house to which it is transmitted may pass it without commitment, but
usually refers it to a committee, and, when reported, may pass it or
reject it, or amend it and return it with the amendment to the house in
which it originated.
When passed by both houses, the bill is engrossed--that is, rewritten
without blots or erasures--and transmitted to the President or
governor, as the case may be, for his approval. If approved and
signed, or if not returned within a fixed time, the bill becomes a law.
If vetoed, it must be again considered by both bodies, and is lost
unless again passed by each, and in Congress and in many States by a
two thirds vote.
SUGGESTIVE QUESTIONS.
1. Obtain from any convenient source and present in the recitation a
sample of a bill, and also of a resolution.
2. Why should a bill have three separate readings on three different
days?
3. Why is the report of a committee generally adopted by the body?
4. Why are chairmanships of committees usually much sought after in
legislative bodies?
5. Present in the recitation a copy of the report of a legislative
committee upon some subject.
CHAPTER XXII.
REVENUE AND TAXATION.
Revenue.--The regulation of revenue and taxation is one of the most
important and difficult questions of government. One of the wisest of
modern statesmen has said that the management of finance _is_
government.
Government, whatever its form, is an intricate and expensive machine,
and therefore sure and ample sources of revenue are as necessary to it
as blood is to the human body. The necessary expenses of a local
community, such as a village, a city, or a county, are heavy; while
those of a State are immense, and those of a nation almost beyond
conception. These expenses must be promptly met, or the government
becomes bankrupt, lacking in respect, without power to enforce its
rights even among its own people, and finally ceases to exist.
TAXATION.--The chief source of revenue in all governments is taxation.
A _tax_ is a portion of private property taken by the government for
public purposes. _Taxation_, the act of laying taxes, is regarded as
the highest function of government. It is also one of the most
delicate, because it touches the people directly, and is therefore
frequently the cause of discontent among the masses.
The government makes no direct return to the citizen for the taxes it
exacts, and in this respect only does taxation differ from the exercise
of the right of eminent domain. How much revenue must be raised? what
articles should be taxed? what should be the rate of taxation? are
questions that concern every government.
As a person may be at the same time a citizen of a village, a township,
a county, a State, and the United States, so he may, during the same
year, pay a separate tax to each of these five governments.
NECESSITY OF TAXATION.--Taxation is one of the necessary burdens of
society. A government as well as an individual must have money to pay
its expenses, and the principal part, if not all, of this money must be
raised by taxation of one kind or another. Men may differ as to the
kind and the rate of taxation, but taxes must be paid in order that
government may exist. The tax payer receives no immediate return for
his taxes, but has a _constant_ return in the way of protection to
life, liberty, and property, the enjoyment of public conveniences, and
the improvement of society.
By means of taxes each person bears his part in the cost of maintaining
the social compact. He gives up a portion of his property in order
that what remains may be the more secure and valuable, and that he may
enjoy many other blessings that would otherwise be impossible.
Although the rate is often high, even higher than necessary, it is safe
to say that every tax payer of the country receives from the government
more than he contributes by taxation.
Taxes are direct or indirect.
DIRECT TAXES.--A _direct tax_ is levied directly at a given rate upon
property or polls. Taxes levied by villages, towns, townships, cities,
counties, and States are for the most part direct taxes.
A _poll_ tax is levied upon the polls, or heads, of the male
inhabitants who have attained a certain age, usually twenty-one years.
A _property tax_, as the name indicates, is levied upon property.
Property is of two kinds, real and personal.
_Real property_, usually called _real estate_, consists of lands and
buildings.
_Personal property_ is that which can be moved from place to place, and
includes everything that a person can own except real estate.
In all systems of taxation, much real estate, such as churches,
cemeteries, colleges, charitable institutions, and public buildings, is
exempt from taxes.
Five times in its history--namely, in 1798, 1813, 1815, 1816, and
1861--the United States levied a direct tax upon the people, but in
each case the law was in force but a single year. From 1861 to 1871
there was also an _income tax_; that is, a tax of a given per cent.
upon all annual incomes that exceeded a certain amount. In 1913,
Congress passed a new income tax law, with additional taxes on very
large incomes.
INDIRECT TAXES.--An _indirect tax_ is assessed upon the property of one
person, but is indirectly paid by another. The owner of the property
at the time of assessment pays the tax to the government, but a part or
all of the tax is ultimately paid by the consumer of the goods. All
taxes now levied by the national government are indirect.
The indirect taxes levied by the national government are _customs_, or
_duties_, and _internal revenue_.
CUSTOMS, OR DUTIES.--_Customs_, or _duties_, are taxes levied upon
certain goods imported from foreign countries. The Constitution
prohibits the taxation of exports.
The schedule or list of articles taxed and of duties to be paid is
called the _tariff_. Custom dues are collected by officers of the
national government at the custom-houses, located at the ports of
entry, usually, but not always, on or near the sea-coast. By far the
larger portion of the national revenue is derived from customs.
INTERNAL REVENUE.--_Internal revenue_, sometimes called _excise_, is a
tax levied upon certain articles produced in this country, such as
tobacco and spirituous liquors. It is collected by officers of the
national government, called collectors, stationed in different parts of
the country.
SUGGESTIVE QUESTIONS.
1. Name some of the items of expense in village government.
2. In township government.
3. In city government.
4. In county government.
5. In State government.
6. In national government.
7. What is the rate of property taxation in this country?
8. What is the rate in this State?
9. Where is the nearest custom-house?
CONSTITUTION OF THE UNITED STATES.
PREAMBLE.
We, the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquillity, provide for the
common defense, promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this
Constitution for the United States of America.
ARTICLE I. LEGISLATIVE DEPARTMENT.
SECTION I. Congress in General.
All legislative powers herein granted shall be vested in a Congress of
the United States, which shall consist of a Senate and House of
Representatives.
SECTION II. House of Representatives.
Clause 1. The House of Representatives shall be composed of members
chosen every second year by the people of the several states; and the
electors in each state shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
Clause 2. No person shall be a representative who shall not have
attained to the age of twenty-five years, and been seven years a citizen
of the United States, and who shall not, when elected, be an inhabitant
of that state in which he shall be chosen.
Clause 3. Representatives and direct taxes shall be apportioned among
the several states which may be included within this Union, according to
their respective numbers, which shall be determined by adding to the
whole number of free persons, including those bound to service for a
term of years, and excluding Indians not taxed, three-fifths of all
other persons. The actual enumeration shall be made within three years
after the first meeting of the Congress of the United States, and within
every subsequent term of ten years, in such manner as they shall by law
direct. The number of representatives shall not exceed one for every
thirty thousand, but each state shall have at least one representative;
and until such enumeration shall be made, the state of New Hampshire
shall be entitled to choose three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three.
Clause 4. When vacancies happen in the representation from any state,
the executive authority thereof shall issue writs of election to fill
such vacancies.
Clause 5. The House of Representatives shall choose their speaker and
other officers, and shall have the sole power of impeachment.
SECTION III. Senate.
Clause 1. The Senate of the United States shall be composed of two
senators from each state, chosen by the [Legislature][1] thereof for six
years, and each senator shall have one vote.
Clause 2. Immediately after they shall be assembled in consequence of
the first election, they shall be divided, as equally as may be, into
three classes. The seats of the senators of the first class shall be
vacated at the expiration of the second year, of the second class at the
expiration of the fourth year, and of the third class at the expiration
of the sixth year, so that one-third may be chosen every second year;
[and if vacancies happen, by resignation or otherwise, during the recess
of the Legislature of any state, the executive thereof may make
temporary appointments until the next meeting of the Legislature, which
shall then fill such vacancies.][1]
Clause 3. No person shall be a senator who shall not have attained to
the age of thirty years, and been nine years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that state
for which he shall be chosen.
Clause 4. The Vice-president of the United States shall be President of
the Senate, but shall have no vote, unless they be equally divided.
Clause 5. The Senate shall choose their other officers, and also a
president pro tempere, in the absence of the Vice-president, or when he
shall exercise the office of President of the United States.
Clause 6. The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation.
When the President of the United States is tried, the chief justice
shall preside; and no person shall be convicted without the concurrence
of two-thirds of the members present.
Clause 7. Judgment in cases of impeachment shall not extend further than
to removal from office, and disqualification to hold and enjoy any
office of honor, trust, or profit under the United States; but the party
convicted shall, nevertheless, be liable and subject to indictment,
trial, judgment, and punishment according to law.
SECTION IV. Both Houses.
Clause 1. The times, places, and manner of holding elections for
senators and representatives shall be prescribed in each state by the
Legislature thereof; but the Congress may at any time, by law, make or
alter such regulations, except as to the places of choosing senators.
Clause 2. The Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December, unless they shall
by law appoint a different day.
SECTION V. The Houses separately.
Clause 1. Each house shall be the judge of the elections, returns, and
qualifications of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalties as each house
may provide.
Clause 2. Each house may determine the rules of its proceedings, punish
its members for disorderly behavior, and, with the concurrence of
two-thirds, expel a member.
Clause 3. Each house shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in their
judgment require secrecy; and the yeas and nays of the members of either
house, on any question, shall, at the desire of one-fifth of those
present, be entered on the journal.
Clause 4. Neither house during the session of Congress shall, without
the consent of the other, adjourn for more than three days, nor to any
other place than that in which the two houses shall be sitting.
SECTION VI. Disabilities of Members.
Clause 1. The senators and representatives shall receive a compensation
for their services, to be ascertained by law, and paid out of the
treasury of the United States. They shall in all cases, except treason,
felony, and breach of the peace, be privileged from arrest during their
attendance at the session of their respective houses, and in going to
and returning from the same; and for any speech or debate in either
house, they shall not be questioned in any other place.
Clause 2. No senator or representative shall, during the time for which
he was elected, be appointed to any civil office under the authority of
the United States, which shall have been created, or the emoluments
whereof shall have been increased, during such time; and no person
holding any office under the United States shall be a member of either
house during his continuance in office.
SECTION VII. Mode of passing Laws.
Clause 1. All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with amendments,
as on other bills.
Clause 2. Every bill which shall have passed the House of
Representatives and the Senate shall, before it become a law, be
presented to the President of the United States; if he approve, he shall
sign it; but if not, he shall return it, with his objections, to that
house in which it shall have originated, who shall enter the objections
at large on their journal, and proceed to reconsider it. If, after such
reconsideration two-thirds of that house shall agree to pass the bill,
it shall be sent, together with the objections, to the other house, by
which it shall likewise be reconsidered, and if approved by two-thirds
of that house, it shall become a law. But in all such cases the votes
of both houses shall be determined by yeas and nays, and the names of
the persons voting for and against the bill shall be entered on the
journal of each house respectively. If any bill shall not be returned
by the President within ten days (Sundays excepted) after it shall have
been presented to him, the same shall be a law in like manner as if he
had signed it, unless the Congress by their adjournment prevent its
return, in which case it shall not be a law.
Clause 3. Every order, resolution, or vote to which the concurrence of
the Senate and House of Representatives may be necessary (except on a
question of adjournment) shall be presented to the President of the
United States; and before the same shall take effect, shall be approved
by him, or, being disapproved by him, shall be repassed by two-thirds of
the Senate and House of Representatives, according to the rules and
limitations prescribed in the case of a bill.
SECTION VIII. Powers granted to Congress.
The Congress shall have power--
Clause 1. To lay and collect taxes, duties, imposts, and excises, to pay
the debts and provide for the common defense and general welfare of the
United States; but all duties, imposts and excises shall be uniform
throughout the United States;
Clause 2. To borrow money on the credit of the United States;
Clause 3. To regulate commerce with foreign nations, and among the
several states, and with the Indian tribes;
Clause 4. To establish a uniform rule of naturalization and uniform laws
on the subject of bankruptcies, throughout the United States;
Clause 5. To coin money, regulate the value thereof and of foreign coin,
and fix the standard of weights and measures;
Clause 6. To provide for the punishment of counterfeiting the securities
and current coin of the United States;
Clause 7. To establish post-offices and post-roads;
Clause 8. To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right
to their respective writings and discoveries;
Clause 9. To constitute tribunals inferior to the Supreme Court;
Clause 10. To define and punish piracies and felonies committed on the
high seas, and offenses against the law of nations;
Clause 11. To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water;
Clause 12. To raise and support armies; but no appropriation of money to
that use shall be for a longer term than two years;
Clause 13. To provide and maintain a navy;
Clause 14. To make rules for the government and regulation of the land
and naval forces;
Clause 15. To provide for calling forth the militia to execute the laws
of the Union, suppress insurrections, and repel invasions;
Clause 16. To provide for organizing, arming, and disciplining the
militia, and for governing such part of them as may be employed in the
service of the United States, reserving to the states respectively the
appointment of the officers and the authority of training the militia
according to the discipline prescribed by Congress;
Clause 17. To exercise exclusive legislation, in all cases whatsoever,
over such district (not exceeding ten miles square) as may, by cession
of particular states and the acceptance of Congress, become the seat of
the government of the United States, and to exercise like authority over
all places purchased, by the consent of the Legislature of the State in
which the same shall be, for the erection of forts, magazines, arsenals,
dock-yards, and other needful buildings; and
Clause 18. To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other powers
vested by this Constitution in the government of the United Stales, or
in any department or officer thereof,
SECTION IX. Powers denied to the United States.
Clause 1. The migration or importation of such persons as any of the
states now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the year one thousand eight hundred and eight;
but a tax or duty may be imposed on such importation, not exceeding ten
dollars for each person.
Clause 2. The privilege of the writ of _habeas corpus_ shall not be
suspended unless when, in cases of rebellion or invasion, the public
safety may require it.
Clause 3. No bill of attainder, or ex-post-facto law, shall he passed.
Clause 4. No capitation or other direct tax shall be laid, unless in
proportion to the census or enumeration herein before directed to be
taken.
Clause 5. No tax or duty shall be laid on articles exported from any
state.
Clause 6. No preference shall be given by any regulation of commerce or
revenue to the ports of one state over those of another; nor shall
vessels bound to or from one state be obliged to enter, clear, or pay
duties in another.
Clause 7. No money shall be drawn from the treasury but in consequence
of appropriations made by law; and a regular statement and account of
the receipts and expenditures of all public money shall be published
from time to time.
Clause 8. No title of nobility shall be granted by the United States;
and no person holding any office of profit or trust under them shall,
without the consent of the Congress, accept of any present, emolument,
office, or title of any kind whatever, from any king, prince, or foreign
state.
SECTION X. Powers denied to the States.
Clause 1. No state shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin money; emit
bills of credit; make any thing but gold and silver coin a tender in
payment of debts; pass any bill of attainder, ex-post-facto law, or law
impairing the obligation of contracts; or grant any title of nobility.
Clause 2. No state shall, without the consent of the Congress, lay any
imposts or duties on imports or exports except what may be absolutely
necessary for executing its inspection laws; and the net produce of all
duties and imposts laid by any state on imports or exports shall be for
the use of the treasury of the United Stales; and all such laws shall be
subject to the revision and control of the Congress.
Clause 3. No state shall, without the consent of Congress, lay any duty
of tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another state or with a foreign power, or
engage in war, unless actually invaded, or in such imminent danger as
will not admit of delay.
ARTICLE II. EXECUTIVE DEPARTMENT.
SECTION I. President and Vice-president.
Clause 1. The executive power shall be vested in a President of the
United States of America. He shall hold his office during the term of
four years, and, together with the Vice-president; chosen for the same
term, be elected as follows:
Clause 2. Each state shall appoint, in such manner as the Legislature
thereof may direct, a number of electors, equal to the whole number of
senators and representatives to which the state may be entitled in the
Congress; but no senator or representative, or person holding an office
of trust or profit under the United States, shall be appointed an
elector.
[Clause 3. The electors shall meet in their respective states, and vote
by ballot for two persons, of whom one at least shall not be an
inhabitant of the same state with themselves. And they shall make a
list of all the persons voted for, and of the number of votes for each;
which list they shall sign and certify, and transmit, sealed, to the
seat of the government of the United States, directed to the President
of the Senate. The President of the Senate shall, in the presence of
the Senate and House of Representatives, open all the certificates, and
the votes shall then be counted. The person having the greatest number
of votes shall be the President, if such number be a majority of the
whole number of electors appointed; and if there be more than one who
have such majority, and have an equal number of votes, then the House of
Representatives shall immediately choose by ballot one of them for
President; and if no person have a majority, then, from the five highest
on the list, the said House shall in like manner choose the President.
But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote, a quorum for this
purpose shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a choice.
In every case, after the choice of the President, the person having the
greatest number of votes of the electors shall be the Vice-president.
But if there should remain two or more who have equal votes, the Senate
shall choose from them by ballot the Vice-president.][2]
Clause 4. The Congress may determine the time of choosing the electors,
and the day on which they shall give their votes, which day shall be the
same throughout the United States.
Clause 5. No person except a natural-born citizen, or a citizen of the
United States at the time of the adoption of this Constitution, shall be
eligible to the office of President; neither shall any person be
eligible to that office who shall not have attained to the age of
thirty-five years, and been fourteen years a resident within the United
States.
Clause 6. In case of the removal of the President from office, or of his
death, resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the Vice-president; and the
Congress may by law provide for the case of removal, death, resignation,
or inability, both of the President and Vice-president, declaring what
officer shall then act as President; and such officer shall act
accordingly, until the disability be removed, or a President shall be
elected.
Clause 7. The President shall, at stated times, receive for his services
a compensation, which shall neither be increased nor diminished during
the period for which he shall have been elected, and he shall not
receive within that period any other emolument from the United States,
or any of them.
Clause 8. Before he enter on the execution of his office, he shall take
the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully execute the
office of President of the United States, and will, to the best of my
ability, preserve, protect, and defend the Constitution of the United
States."
SECTION II. Powers of the President.
Clause 1. The President shall be commander-in-chief of the army and navy
of the United States and of the militia of the several states, when
called into the actual service of the United States; he may require the
opinion in writing of the principal officer in each of the executive
departments, upon any subject relating to the duties of their respective
offices; and he shall have power to grant reprieves and pardons for
offenses against the United States, except in cases of impeachment.
Clause 2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two-thirds of the senators present
concur; and he shall nominate, and by and with the advice and consent of
the Senate shall appoint ambassadors, other public ministers and
consuls, judges of the Supreme Court, and all other officers of the
United States, whose appointments are not herein otherwise provided for,
and which shall be established by law; but the Congress may by law vest
the appointment of such inferior officers as they think proper in the
President alone, in the courts of law, or in the heads of departments.
Clause 3. The President shall have power to fill up all vacancies that
may happen during the recess of the Senate, by granting commissions,
which shall expire at the end of their next session.
SECTION III. Duties of the President.
He shall, from time to time, give to the Congress information of the
state of the Union, and recommend to their consideration such measures
as he shall judge necessary and expedient; he may, on extraordinary
occasions, convene both houses, or either of them; and in case of
disagreement between them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think proper; he shall receive
ambassadors and other public ministers; he shall take care that the laws
be faithfully executed, and shall commission all the officers of the
United States.
SECTION IV. Impeachment of the President.
The President, Vice-president, and all civil officers of the United
States, shall be removed from office on impeachment for and conviction
of treason, bribery, or other high crimes and misdemeanors.
ARTICLE III. JUDICIAL DEPARTMENT.
SECTION I. United States Courts.
The judicial power of the United States shall be vested in one Supreme
Court, and in such inferior courts as the Congress may from time to time
ordain and establish. The judges, both of the supreme and inferior
courts, shall hold their offices during good behavior; and shall, at
stated times, receive for their services a compensation, which shall not
be diminished during their continuance in office.
SECTION II. Jurisdiction of the United States Courts.
Clause 1. The judicial power shall extend to all cases in law and
equity arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority; to all
cases affecting ambassadors, other public ministers, and consuls; to all
cases of admiralty and maritime jurisdiction; to controversies to which
the United States shall be a party; to controversies between two or more
states; between a state and citizens of another state; between citizens
of different states; between citizens of the same state claiming lands
under grants of different states; and between a state, or the citizens
thereof, and foreign states, citizens, or subjects.[3]
Clause 2. In all cases affecting ambassadors, other public ministers and
consuls, and those in which a state shall be party, the Supreme Court,
shall have original jurisdiction. In all the other cases before
mentioned, the Supreme Court shall have appellate jurisdiction, both as
to law and fact, with such exceptions, and under such regulations as the
Congress shall make.
Clause 3. The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the said
crimes shall have been committed; but when not committed within any
state, the trial shall be at such place or places as the Congress may by
law have directed.
SECTION III. Treason.
Clause 1. Treason against the United States shall consist only in
levying war against them, or in adhering to their enemies, giving them
aid and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.
Clause 2. The Congress shall have power to declare the punishment of
treason; but no attainder of treason shall work corruption of blood, or
forfeiture, except during the life of the person attainted.
ARTICLE IV.
SECTION I. State Records.
Full faith and credit shall be given in each state to the public acts,
records, and judicial proceedings of every other state. And the
Congress may, by general laws, prescribe the manner in which such acts,
records, and proceedings shall be proved, and the effect thereof.
SECTION II. Privileges of Citizens, etc.
Clause 1. The citizens of each state shall be entitled to all privileges
and immunities of citizens in the several states.
Clause 2. A person charged in any state with treason, felony, or other
crime, who shall flee from justice and be found in another state, shall,
on demand of the executive authority of the state from which he fled, be
delivered up, to be removed to the state having jurisdiction of the
crime.
Clause 3. No person held to service or labor in one state, under the
laws thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor, but shall
be delivered up on claim of the party to whom such service or labor may
be due.
SECTION III. New States and Territories.
Clause 1. New states may be admitted by the Congress into this Union,
but no new state shall be formed or erected within the jurisdiction of
any other state: nor any state be formed by the junction of two or more
states, or parts of states, without the consent of the Legislatures of
the states concerned, as well as of the Congress.
Clause 2. The Congress shall have power to dispose of, and make all
needful rules and regulations respecting the territory or other properly
belonging to the United States; and nothing in this Constitution shall
be so construed as to prejudice any claims of the United States or of
any particular state.
SECTION IV. Guarantee to the States.
The United States shall guarantee to every state in this Union a
republican form of government, and shall protect each of them against
invasion; and, on application of the Legislature, or of the executive
(when the Legislature can not be convened), against domestic violence.
ARTICLE V. POWER OF AMENDMENT.
The Congress, whenever two-thirds of both houses shall deem it
necessary, shall propose amendments to this Constitution, or, on the
application of the Legislatures of two-thirds of the several states,
shall call a convention for proposing amendments, which, in either case,
shall be valid to all intents and purposes, as part of this
Constitution, when ratified by the Legislatures of three-fourths of the
several states, or by conventions in three-fourths thereof, as the one
or the other mode of ratification may be proposed by the Congress;
provided, that no amendment which may be made prior to the year one
thousand eight hundred and eight shall in any manner affect the first
and fourth clauses in the ninth section of the first Article; and that
no state, without its consent, shall be deprived of its equal suffrage
in the Senate.
ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CONSTITUTION, OATH OF OFFICE,
RELIGIOUS TEST.
Clause 1. All debts contracted and engagements entered into before the
adoption of this Constitution, shall be as valid against the United
States under this Constitution as under the Confederation.
Clause 2. This Constitution, and the laws of the United States which
shall be made in pursuance thereof, and all treaties made, or which
shall be made, under the authority of the United States, shall be the
supreme law of the land; and the judges in every state shall be bound
thereby, any thing in the Constitution or laws of any state to the
contrary notwithstanding.
Clause 3. The senators and representatives before mentioned, and the
members of the several state Legislatures, and all executive and
judicial officers, both of the United States and of the several states,
shall be bound by oath or affirmation to support this Constitution; but
no religious test shall ever be required as a qualification to any
office or public trust under the United States.
ARTICLE VII. RATIFICATION OF THE CONSTITUTION.
The ratification of the Conventions of nine states shall be sufficient
for the establishment of this Constitution between the states so
ratifying the same.
Done in Convention, by the unanimous consent of the states present, the
seventeenth day of September, in the year of our Lord one thousand seven
hundred and eighty-seven, and of the Independence of the United States
of America the twelfth. In witness whereof, we have hereunto subscribed
our names.
GEORGE WASHINGTON, President and Deputy from Virginia.
New Hampshire.--John Langdon, Nicholas Gilman.
Massachusetts.--Nathaniel Gorham, Rufus King.
Connecticut.--Wm. Samuel Johnson, Roger Sherman.
New York.--Alexander Hamilton.
New Jersey.--William Livingston, William Patterson, David Brearley,
Jonathan Dayton.
Pennsylvania,--Benjamin Franklin, Robert Morris, Thomas Fitzsimons,
James Wilson, Thomas Mifflin, George Clymer, Jared Ingersoll, Gouverneur
Morris.
Delaware.--George Read, John Dickinson, Jacob Broom, Gunning Bedford,
Jr., Richard Bassett.
Maryland.--James M'Henry, Daniel Carroll, Daniel of St. Tho. Jenifer.
Virginia.--John Blair, James Madison, Jr.
North Carolina.--William Blount, Hugh Williamson, Richard Dobbs Spaight.
South Carolina.--John Rutledge, Charles Cotesworth Pinckney, Pierce
Butler.
Georgia.--William Few, Abraham Baldwin.
Attest, WILLIAM JACKSON, Secretary.
AMENDMENTS TO THE CONSTITUTION.
ARTICLES I--X. _Bill of Rights._
ARTICLE I. Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the government for a redress of grievances.
ARTICLE II. A well-regulated militia being necessary to the security of
a free state, the right of the people to keep and bear arms shall not be
infringed.
ARTICLE III. No soldier shall, in time of peace, be quartered in any
house without the consent of the owner, nor in time of war, but in a
manner to be prescribed by law.
ARTICLE IV. 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 warrants shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
ARTICLE V. No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the militia
when in actual service in time of war or public danger; nor shall any
person be subject for the same offense to be twice put in jeopardy of
life or limb; nor shall be compelled, in any criminal case, to be a
witness against himself; nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use without just compensation.
ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the state
and district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor; and to have the assistance of counsel for his defense.
ARTICLE VII. In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved; and no fact tried by a jury shall be otherwise re-examined in
any court of the United States than according to the rules of the common
law.
ARTICLE VIII. Excessive bail shall not be required, nor excessive, fines
imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX. The enumeration in the Constitution of certain rights shall
not be construed to deny or disparage others retained by the people.
ARTICLE X. The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to the
states respectively or to the people.
ARTICLE XI.
The judicial power of the United States shall not be construed to extend
to any suit in law or equity commenced or prosecuted against one of the
United States by citizens of another state, or by citizens or subjects
of any foreign state.
ARTICLE XII. _Mode of choosing the President and Vice-president_.
Clause 1. The electors shall meet in their respective states, and vote
by ballot for President and Vice-president, one of whom, at least, shall
not be an inhabitant of the same state with themselves; they shall name
in their ballots the person voted for as President, and in distinct
ballots the person voted for as Vice-president; and they shall make
distinct lists of all persons voted for as President, and of all persons
voted for as Vice-president, and of the number of votes for each, which
list they shall sign and certify, and transmit, sealed, to the seat of
the government of the United States, directed to the President of the
Senate; the President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates, and the votes
shall then be counted; the person having the greatest number of votes
for President shall be the President, if such number be a majority of
the whole number of electors appointed; and if no person have such
majority, then from the persons having the highest numbers, not
exceeding three, on the list of those voted for as President, the House
of Representatives shall choose immediately by ballot the President.
But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a choice.
And if the House of Representatives shall not choose a President,
whenever the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-president shall act as
President, as in the case of the death or other constitutional
disability of the President.
Clause 2. The person having the greatest number of votes as
Vice-president shall be the Vice-president, if such number be a majority
of the whole number of electors appointed, and if no person have a
majority, then from the two highest numbers on the list the Senate shall
choose the Vice-president; a quorum for the purpose shall consist of
two-thirds of the whole number of senators, and a majority of the whole
number shall be necessary to a choice.
Clause 3. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-president of the United
States.
ARTICLE XIII.
SECTION I. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their
jurisdiction.
SECTION 2. Congress shall have power to enforce this article by
appropriate legislation.
ARTICLE XIV.
SECTION 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the state wherein they reside. No state shall make or enforce
any law which shall abridge the privileges or immunities of citizens of
the United States; nor shall any state deprive any person of life,
liberty, or property, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.
SECTION 2. Representatives shall be apportioned among the several states
according to their respective numbers, counting the whole number of
persons in each state, excluding Indians not taxed. But when the right
to vote at any election for the choice of electors for President and
Vice-president of the United States, representatives in Congress, the
executive and judicial officers of a state, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such
state, being twenty-one years of age, and citizens of the United States,
or in any way abridged, except for participation in rebellion or other
crime, the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such state.
SECTION 3. No person shall be a senator or representative in Congress,
or elector of President and Vice-president, or hold any office, civil or
military, under the United States, or under any state, who, having
previously taken an oath, as a member of Congress, or as an Officer of
the United States, or as a member of any State Legislature, or as an
executive or judicial officer of any state, to support the Constitution
of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof. But
Congress may, by a vote of two-thirds of each house, remove such
disability.
SECTION 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor any state shall
assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations, and claims
shall he held illegal and void.
SECTION 5. The Congress shall have power to enforce by appropriate
legislation the provisions of this article.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any state on account of
race, color, or previous condition of servitude.
SECTION 2. The Congress shall have power to enforce this article by
appropriate legislation.
ARTICLE XVI.
The Congress shall have power to lay and collect taxes on incomes from
whatever source derived, without apportionment among the several states,
and without regard to any census or enumeration.
ARTICLE XVII.
The Senate of the United States shall be composed of two senators from
each state, elected by the people thereof, for six years; and each
senator shall have one vote. The electors in each state shall have the
qualifications requisite for electors of the most numerous branch of the
state legislatures.
When vacancies happen in the representation of any state in the Senate,
the executive authority of such state shall issue writs of election to
fill such vacancies: _Provided_, That the legislature of any state may
empower the executive thereof to make temporary appointments until the
people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or
term of any senator chosen before it becomes valid as part of the
Constitution.
[1]Altered by the 17th Amendment.
[2]Altered by the 12th Amendment.
[3]Altered by the 11th Amendment.
Absolute monarchy, 159
Academy, naval, 142.
Accused, rights of, 74.
Actions, 171.
Adjutant general, 84, 146.
functions of, 89.
Administrators, 54.
Admiralty courts, 171.
Agriculture, commissioner of, 84, 89.
Alaska, 96.
Aldermen, board of, 61.
Aliens, 105.
Alternate delegates, 194.
Amendments, 199.
Appropriation by State, 67.
Area of counties, 49.
Aristocracy, 159, 160.
Assembly--general or legislative, 177.
Assessor, Authority of, 61.
duties of, 67.
of township, 43, 44.
Attorney, 174.
county, 49.
duties of, 50.
general, 88.
Auditor, township, 45.
Australian ballot-system, 176, 179, 184.
Ballot, 176.
blanket, 180, 181.
box, 176, 177.
forms of, 183.
individual, 180.
in Indiana, 183, 187.
in Louisville, 183, 185.
in Mass., 183, 186.
official, 180, 182.
secret, 179, 182.
voting by, 176.
Bank inspectors, 90.
national, 138.
Bargaining and trading, 183.
Beat, the, 28, 30.
Bill, 197, 199.
of rights, 68, 72.
of attainder, 197, 200.
true, 173.
Blind, voting of the, 182.
Board of aldermen, 61.
of education, 61.
Board of pardons, 86.
of public works, 61.
of supervisors, 50.
Boroughs, 57.
Bribery, 177, 182.
Buildings, county, 49.
Bureau of construction and repair, 142.
of medicine and surgery, 142.
of navigation, 141.
of ordnance, 141.
of supplies and accounts, 142.
of steam engineering, 142.
of yards and docks, 141.
Bureaus of navy department, 141.
of treasury department, 136.
of war department, 140.
By-laws, township, 42.
Cabinet, presidential, 132, 149.
Cadet, 141.
Campaign, 194.
Candidates, 176, 190.
Canvass, 177.
Cases, 171.
Causes, civil, 171.
criminal, 172.
Census, 121.
Challenge, 173.
Chaplain, 123.
Charges, 172.
Chief of engraving and printing, 139.
of bureau of statistics, 138.
of fire department, 62.
of ordnance, 145.
of police, 62.
Children, 22, 23.
rights of, 22.
duties of, 23.
Circuit clerk, 54.
court, 152.
court of appeals, 152.
Citizen, 67-69.
duties of, 17.
naturalization of, 102, 168.
of civil district, 32, 33.
duties of, 33.
rights of, 32.
of township, 38, 40.
duties of, 39, 40.
rights of, 38.
Citizen, rights of, 32, 60.
Citizenship, 38.
City council, 61.
court, 61.
election, 61.
engineer, 61.
government, 60-63.
incorporation, 58.
institution, 59.
judge, 62.
officers, 61, 62.
physician, 62.
solicitor, 61.
wards, 59.
Civil district, 27, 36.
government, 159.
Civil law, 170.
Civil rights, 163, 165.
Civil unit, 28, 30.
Clerks, 57, 174, 176.
chief of Senate, 81.
circuit, 54.
common pleas, 49.
of county, 41, 49, 52, 53.
of township, 43.
Collection of taxes, 45.
Collector of city, 61, 62.
of county, 54.
of township, 45.
of village, 57, 58.
Commander-in-chief of the army and navy of the United States, 130.
Commerce, regulation of, 113, 153.
Commercial law, 171.
Commission plan of city government, 62.
Commissioner, 135.
of agriculture, 84.
county, 50.
court, 173.
of general land office, 144.
of Indian affairs, 145.
of internal revenue, 138.
of labor, 90.
land, 84, 90.
of patents, 145.
of pensions, 144.
railway, 84, 90.
of internal revenue, 138.
school, 49.
street, 61, 62.
township, 44, 49.
Committee, 190.
conference, 200.
county, 191.
district, 191.
executive, 191.
national, 192, 194.
special, 198,
standing, 198.
Common law, 170.
Communal district, 30.
Commutation of sentence, 87.
Comptroller, 87.
in U. S. government, 137.
Comptroller of currency, 138.
Congress, acts of, 65.
forbidden powers, 117.
member of, 111, 112.
power of, 110, 117.
representation in, 95.
Congressional districts, 191.
Constable, district, 33.
duties of, 35.
election and term, 35.
township, 43, 45.
Consuls, 135.
Constitution, 205-218.
amendments to, 107, 215.
formation of, 106.
nature of, 105.
Constitution of European countries, 70.
of State, 69.
necessity for, 106.
ratification of, 99.
value of, 71.
Conventions, 192, 194.
Copyright, 114, 145.
Coroner, 49.
duties of, 53.
inquest, 54.
in township, 46.
Corporation, 166.
municipal, 56.
Corruption, 177.
Council, city, 61, 62.
common, 61.
Councilman, 42, 57.
Counterfeiting, 114.
County, the, 48-55.
area, 49.
attorney, 51.
auditor, 52.
buildings, 49.
clerk, 52.
convention, 193.
court-house, 49.
executive department, 51.
formation, 48.
government, 49.
infirmary, 50.
jail, 49.
judge, 54, 55.
legislative department, 50.
officers, 49.
power, 48,
property, 50.
public affairs, 49.
purposes, 48.
sheriff, 51.
superintendent of schools, 44.
surveyor, 53.
Court-house, 49, 50.
Court, jurisdiction of, 151.
of claims, 153.
officers of, 155,173,174.
supreme, 151,
United States, 149.
of appeals, U.S. circuit, 152.
U.S. district, 153.
Court-martial, 171.
Declaration of Independence, 65.
Deeds, 49, 53.
Defendant, 172.
Democracy, 159, 161.
Department, of agriculture, 146.
of commerce, 147.
county, 40.
executive, of county, 51.
fire, 59.
government, 72.
interior, 144-146.
judicial, 40, 92, 149, 196.
of justice, 146, 147.
of labor, 147.
legislative, of county, 80.
of State, 77.
of territory, 94.
navy, 141, 142.
post office, 142-144.
State, 133.
township, 40, 41.
treasury, 136-139.
war, 139-141.
Despotism, 175.
Diplomatic service, 134.
Direct taxes, 202, 203.
Director infirmary, 54.
of mint, 139.
school, 43, 44.
Disfranchisement, 177.
Disorder, 179.
District-attorney, 155.
District, civil, 27.
clerk, 54.
communal, 30.
election, 29.
magisterial, 29.
marshal, 155.
militia, 29.
reporter, 155.
school, 21, 28.
Duties, 204.
citizen's, 33.
civil, 163.
industrial, 165.
moral, 166.
of children, 22.
of family, 19.
of parents, 23.
political, 167.
Education, board of, 61.
of child, 27.
Election act, 179.
district, 29.
judges of, 42.
of county officers, 50.
of justices, 93.
precinct, 29, 30.
presidential, 126, 127.
returns, 87.
Electoral college, 127.
vote, 128.
Electors, choice of, 115.
Electric light, 59.
Enabling act, 65.
Engineer, city, 61.
chief, 140.
county, 53.
ordnance, 140.
State, 90.
Enrolled bills, 200.
Envoys extraordinary, 134.
Examiner of state, 90.
Examining trial, 34.
Exercise, 204.
Executive department, of county, 49.
of State, 84.
of territory, 94.
of United States, 125-148.
function of civil district, 31.
Expenditure in county, 52.
Family, 17-20.
definition of, 18.
duties of members of, 19.
officers, 19.
members of, 18.
powers of officers, 19.
purposes of, 18.
responsibilities, 19.
rights of members, 19.
Federal reserve banks, 138.
Federal trade commission, 148.
Fence-viewers, 45.
Finance, 60.
Fire department, chief of, 62.
Freedom of assembly, 73.
of conscience, 73.
of press, 73.
Gas-works, 59.
General assembly, 77.
General, adjutant, 84, 140.
attorney, 88,
commissary, 140.
inspector, 140.
quartermaster, 140.
surgeon, 140.
surveyor, 140.
Government, 157-162.
departments, 77.
duties toward, 69.
economy of, 61.
functions, 58, 59.
national, 98, 99.
origin of, 157, 158.
purposes of, 100.
school, 23-26.
State, 77.
Territory, 96.
varieties, 17, 159.
Governor of State, 85.
of Territory, 94,
powers and duties, 85, 86.
Grand jurors, 172, 177.
Guardians, appointment of, 54.
Habeas corpus, 117.
Hereditary monarchy, 160.
House of congress, 110.
of delegates, 78.
of representatives, 81, 121, 122.
Hundred, the, 28, 30.
Immigration commission, 90.
Impeachment, 82.
Inauguration, presidential, 128.
Income tax, 203.
Indiana ballot, 184, 187.
Indian Territory, 96.
Indictment, 172, 173.
Industrial rights, 165.
Initiative, 82.
Inquest, coroner's, 54.
Inspector-general, 140.
of bank, 90.
Instruction, superintendent of, 89.
Insurance commissioners, 84, 89.
Interior department, 144.
Internal revenue, 204.
International law, 170.
Interstate commerce, 113, 148, 153.
Intimidation, 179.
Jail, county, 49.
Jailer, 54.
Journal of house, 78.
Judge, 171-173, 176.
advocate-general, 140.
appointment of, 93.
county, 49, 50.
district, 94.
probate, 49, 55.
supreme court, 92.
surrogate, 49,
Judicial department of State, 191.
of U.S., 149.
district, 191.
Judiciary, functions of, 92.
Jurisdiction of courts, 149.
of supreme court, 151.
jurors, 173.
in township, 42.
Jury, 122, 123.
Justice, 163-168
of county, 50.
of peace, 33, 34.
precinct, 30.
of township, 45, 46.
Labor commissioner, 90.
Labor department, 147.
Land commissioner, 84, 90.
Law and liberty, 169-174.
Law, enactment of, 79, 197.
execution of, 84.
ex post facto, 118.
forbidden, 74.
indexing, 87.
making, 77.
of nations, 170.
of Territory, 95.
Legislation, 197-200.
in county, 54.
Legislative department of county, 49, 50.
power of presiding, 131.
State, 77.
Territory, 94.
Legislative department of township, 41.
of county, 50.
of school, 24.
of State, 77.
of U.S., 110.
Legislature, 77.
Letters of marque, 114.
Liberty, 169.
Librarian, State, 90.
Territory, 94.
Licenses, 53, 54.
Lieutenant-governor, 78, 84, 87.
Magisterial district, 29.
Marshal of village, 52.
Martial law, 171.
Massachusetts ballot, 183, 186.
Mayor, 57, 61.
Members of congress, 111.
of family, 19.
of school district, 22.
Ministers, 134, 135.
Ministerial officers, 35, 45, 174.
Militia, 115.
district, 29, 30.
Military academy, 145.
government, 159.
Mint, 138.
Monarchy, 159.
Money, coining of, 114.
Moral law, 170.
rights and duties, 166, 167.
Mortgages, 49, 53.
Municipal corporations, 56, 63.
National banks, 138.
National committees, 191.
convention, 191, 193, 194.
government, 98, 99.
legislation, 189.
Naturalization, 102.
Naval academy, 142.
New Jersey ballot, 184.
Nominations, 194, 195.
Officers, appointment of, 84.
city, 61.
civil district, 33.
election, 54.
election of, 176.
house of representatives, 81.
interior, 123.
ministerial, 35.
of family, 19, 20.
powers of, 19.
post-office, 143, 144.
school, 24.
of senate, 81.
Officers of Territory, 94.
township, 41.
treasury, 136.
of United States Court, 155, 156.
Official ballots, 184.
Oklahoma, 96.
Oligarchy, 160.
Oral instruction, 57.
Ordinances, 42.
Organization act, 94.
Overseers, 54.
Papers, 49.
Pardons, 131.
Parents, rights and duties of, 33
Parish, 48.
Parliamentary law, 171.
Parties, 189-196.
Party committees, 190, 191.
conventions, 190, 191.
machinery, 189, 191.
Passports, 133.
Patents, 144, 145.
Patriarchy, 160.
Patronage of president, 132.
Paymaster, 140.
Penalties, 177.
Pensions, 144.
Personal property, 203.
Petit jury, 172.
Piracy, 114.
Plaintiff, 172.
Plantations, 30.
Platforms, 126, 194.
Police, chief, 62.
court, 61.
Political conventions, 192.
parties, 189.
Polling list, 176.
place, 176, 177, 180.
in district, 31.
Poll-tax, 39, 44, 203.
Poor, support of, 54.
Postmaster, 123.
Post office, 114.
bureau, 143.
department, 142.
Popular vote, 128.
Porto Rico, 97.
Pound keeper, 45.
Powers of State, 79.
Precinct election, 29, 30.
justice's, 30.
President, 125, 129, 130, 190, 193.
cabinet of, 132.
powers of, 108.
Presidential election, 189.
Press, freedom of, 72.
Primary elections, 195.
Privateers, 115.
Private property, 72.
Private tax, 203.
Privilege of State, 78.
Probate judge, 54, 55.
Proceedings, legal, 174.
Property tax, 203.
Quartermaster-general, 140.
Railway commissioners, 90.
Real estate tax, 203.
Recall, 63.
Recorder, 58.
county, 53.
Referendum, 82.
Register, county, 53.
of land office, 84, 90.
Representative democracy, 161.
districts, 191.
duties, 78.
house of, 81.
Reprieves, 86, 131.
Reprisal, 114.
Republic, 161, 163.
Republican principles, 72.
Residence, official, of president, 128.
Revenue and taxation, 201, 204.
collection of, 52, 88, 136.
Rights, 163, 171.
natural, 27.
of accused, 74.
of eminent domain, 166.
of private property, 164.
political, 175.
School, 21, 26.
appointment of officers, 34.
children, 22, 23.
definition and purpose of, 21.
directors, 43, 44, 51.
district, 28.
formation of, 21.
functions of, 22.
government, 23, 27.
members, 22.
position of, 28.
power of teacher of, 25.
rights of, 22.
teacher, 25.
Secret ballot, 179.
Secretary of state, 87.
of territory, 94.
of treasury, 136.
Security, personal, 72.
Selectmen, 42.
Senate, 81, 119.
Senator, 110.
Senatorial districts, 191.
Sessions of congress, 131.
Sheriff, 49, 174, 177.
Shire town, 49.
Society, 158, 165, 166.
Social rights, 165, 166.
Solicitor, 158, 166, 167.
city, 61.
general, 146.
of treasury, 139.
Speaker, 81, 82.
Speech, freedom of, 157.
State, 64-97.
administration of, 116.
engineer, 70.
State examiner, 90.
librarian, 90.
officers, 84.
secretary of, 87.
subdivisions of, 48.
teachers' institute, 89.
Statistics, commissioner of, 90.
Statute law, 170.
Suffrage and elections, 175-178.
rights of, 39.
Suits, 171, 174.
civil, 54.
Superintendent of banking, 90.
of coast survey, 138.
Superintendent of elections, 51.
of poor, 54.
of public instruction, 89.
Supervisor, 43, 44.
Supreme court, 92, 150.
Surveyor, 33,
general, 90.
county, 49, 53.
Tariff, 204.
Taxation, 79, 201, 202.
Taxes, 52, 53, 202, 203.
collection of, 35, 43, 45.
income, 203.
indirect, 202.
Teachers, 25, 26.
duties of, 25.
powers of, 25, 26.
Territory, 65, 94, 95, 96.
Theocracy, 160.
Tipstaff, 174.
Town (see Township), 39, 30, 37-47.
meetings, 41.
Township, or town, 37-47.
assessor, 43, 44.
citizens of, 38.
clerk, 43.
collector, 45.
commissioner, 44.
constable, 43, 45.
councilmen, 42.
governmental functions of, 37.
Township, purposes, 38.
selectmen, 42.
supervisor, 43, 44.
treasurer, 43.
Treason, 86.
Treasurer, city, 61.
Treasurer, county, 52.
township, 43.
village, 57, 58.
Treasury department, 136-139.
Treaties, 120, 131.
Trials, 171, 172.
by jury, 173.
Trustees, 57.
of township, 42.
duties of, 42.
Unit, the civil, 28-31.
United States, 98-156.
circuit courts, 152.
circuit court of appeals, 152.
district court, 153.
formation of, 99.
jurisdiction of courts, 149.
supreme court, 150.
Veto, 86.
Vice-president, 125, 190, 193, 194.
Village, 56, 57.
Voters, 29, 32, 33, 39, 60, 67, 68, 175, 182.
Voting, 175, 176, 181, 183.
War, declaration of, 114.
Ward convention, 195.
Warrants, 34, 45.
Water works, 59, 60.
Wills, 49, 53, 54.
Works, electric, 59.
gas, 59.
public, 57, 59, 60.
water, 57.
Writs, serving of, 35.
SUPPLEMENT.
BY HON. HOKE SMITH, U.S. SENATOR,
Formerly President of the Board of Education, Atlanta, Ga.
GEORGIA SUPPLEMENT.--PETERMAN'S CIVIL GOVERNMENT.
Copyright, 1901, 1908, 1914, by AMERICAN BOOK COMPANY,
THE STATE OF GEORGIA.
In the people of Georgia is vested the power of government and with
them lies the supreme authority in the State, except in this: the
people of Georgia can pass no law which conflicts with the provisions
of the Constitution of the United States. As a safeguard and for the
better administration of their affairs, the people of Georgia have
established a Constitution. The present Constitution was adopted by
delegates selected from Senatorial districts. The delegates met in
convention and adopted the present Constitution in 1877. All laws in
Georgia must be made in accordance with the Constitution of the United
States and the Constitution of Georgia. They must also be executed
according to the provisions of these Constitutions. The Constitution
of Georgia can be amended by a two-thirds vote of the members of each
branch of the General Assembly, but the action of the General Assembly
in amending the Constitution must be ratified by the voters at the next
election of members of the General Assembly; or, a new Constitution can
be made by another constitutional convention, which can be called only
by two thirds of the members of each house of the General Assembly.
The Constitution of Georgia places the administration of the civil
government of the State in three departments, the Legislative, the
Executive, and the Judicial.
LEGISLATIVE.--The Legislative department consists of two bodies,
namely, the _Senate_ and the House of Representatives. The Senate is
composed of forty-four members, one from each Senatorial district. The
Senatorial districts consist of three or more counties. No one can be
elected a State Senator who is not a citizen of the United States, who
has not attained the age of twenty-five years, and who has not been a
resident of the State four years.
The _House of Representatives_ consists of one hundred and eighty-six
members, apportioned among the different counties according to
population. The six counties having the largest population have three
representatives each; the twenty-six counties having the next largest
population have two representatives each; the remaining one hundred
sixteen counties have one representative each. A member of the House
of Representatives must be twenty-one years of age, and must have
resided in the State four years, and in the county from which elected
one year. The members of the Legislature are elected biennially on the
first Wednesday in October.
Both members of the Senate and the House are chosen for terms of two
years at the general State elections.
The _General Assembly_ meets annually on the fourth Wednesday in June,
and can make all laws deemed by its members proper and necessary for
the welfare of the State not in conflict with the Constitution of the
State or Constitution of the United States. A majority of each House
constitutes a quorum for the transaction of business. Neither branch
of the Legislature has the right to adjourn for a longer time than
three days without the consent of the other, but should they disagree
upon a question of adjournment, the Governor may adjourn either or both
of them. The Acts of the Legislature which are approved by the
Governor and become laws are published each year for the information of
the public. When the Legislature is called upon to elect some officer,
both branches meet in the hall of the House of Representatives, and the
President of the Senate presides over the joint body and declares the
result. No bill can be passed by the Legislature unless it receives a
majority vote of all members elected to each house of the General
Assembly, and this fact must be shown by the journals of both houses.
It is also necessary for a measure to receive the signature of the
Governor before becoming a law. When a bill is vetoed by the Governor
it may be passed by a two-thirds vote of the members of each house,
thus making his approval unnecessary. The most important appointments
made by the Governor must be confirmed by the Senate before the
appointments become effective. The Senate has the sole power to hear
impeachment proceedings. It requires a two-thirds vote of the Senate
to sustain articles of impeachment before there can be a conviction.
The House of Representatives must first pass all bills for raising
revenue and appropriating money, but the Senate may propose or concur
in amendments to such bills. The right to institute impeachments is
vested in the House of Representatives.
FRANCHISE.--Every male citizen of this State and of the United States
twenty-one years old, who has resided in the State one year prior to
the election, and in the county in which he offers to vote six months,
who has paid all taxes required of him by law since 1877, is an
elector, and if registered, may vote. Those who have not paid their
taxes, idiots, insane persons, illiterates of poor character who are
neither ex-soldiers nor descendants of soldiers nor owners of a certain
amount of property, and persons convicted of serious crime, unless
pardoned, are disqualified from voting.
REGISTRATION.--Before a citizen can become entitled to vote he is
required to register. On the first day of January of every year the
tax collector opens a voters' book in which every person wishing to
vote subscribes his name, showing that he is entitled to vote. From
this book the tax collector prepares a list of registered voters of the
county, which he files with the county registrars. The county
registrars are appointed by the Judge of the Superior Court for a term
of two years. The county registrars take this list and compare it with
the list of disqualified voters prepared by the tax collector, the
ordinary, and the clerk of the Superior Court, and from the two prepare
a final list of registered voters. Only those whose names appear on
the list of voters prepared by the registrars, are entitled to vote.
On or before the hour for opening the election a copy of the list of
registered voters is furnished the election managers. All elections
are presided over by three superintendents. Votes are cast by ballot.
EXECUTIVE DEPARTMENT.--The Executive Department of the State consists
of the Governor, Secretary of State, State Treasurer, and
Comptroller-General. Their powers and duties were originally vested in
the Governor and his Council, but now the duties of each office are
separate and distinct.
They are elected for a term of two years by the people of the State, at
the same time the members of the Legislature are elected. The
qualifications for these offices are: twenty-five years of age (for
Governor thirty), a citizen of the United States ten years (for
Governor fifteen), and of the State six years.
The _Governor_ is commander in chief of the army and naval forces of
the State. He has revision of all bills passed by the General
Assembly, and, a two-thirds majority in each house is necessary to pass
a bill over his disapproval. The Governor can commute sentences, and
grant pardons to criminals, except in cases of treason or impeachment.
He is empowered to fill many important offices by appointment. He
issues commissions to all officers in the State. He may issue
proclamations of rewards for the apprehension of criminals. He reports
to the Legislature on the financial condition of the State, and gives
suggestions as to any general law that should be passed.
The _Secretary of State_ has the custody of the Great Seal of State and
all State papers. He preserves all the original bills and acts passed
by the General Assembly. He affixes the Great Seal to all State
grants, and public documents executed by the Governor, keeps correct
maps of surveys; and plats of lands granted by the State, and records
all grants. The Secretary of State grants charters to banking,
insurance, railroad, canal, navigation, express, telephone, and
telegraph companies.
The Secretary of State is _ex-officio Commissioner of Corporations_.
All State and foreign corporations are required to file an annual
statement in his office. He is also the official who passes upon the
legality of all stocks, bonds, debentures, and other securities offered
for sale in the State of Georgia. He is the legal officer of the State
who issues licenses for automobiles. The Secretary of State is
_ex-officio Surveyor-General_ who acts in disputed boundary lines of
counties. He is the officer to whom election returns of all officers
elected by the people are submitted for certification. He keeps a
record in his office of the subdivisions of the State into counties,
and all records pertaining to the original subdivisions of the State
into counties and land districts.
The _State Treasurer_ has custody of all State funds, and pays out
moneys only on warrants issued by the Governor. The members of the
General Assembly receive their pay from the Treasurer upon drafts drawn
by the Speaker of the House or President of the Senate. He has control
of the funds pledged to the payment of the public debt, and keeps
accounts of all receipts and expenditures. He acts also as _State Bank
Examiner_.
The _Comptroller-General_ audits all accounts against the State. He
examines the digests of all tax returns, receives and collects all
evidences of debts due the State from any other source than taxes,
issues executions against defaulting tax collectors, and countersigns
all warrants drawn on the Treasury by the Governor. He must keep a
record of all tax collectors' and receivers' bonds. He must make an
annual report to the Governor, showing the currents account between the
Treasurer and the State. The report must include a statement of taxes
paid in by each county, the annual income from the educational fund,
and the amounts paid out of said fund, the condition of the public
debt, and accounts of all officers and agents disbursing public money.
For the use of the members of the General Assembly he must prepare a
table of the taxable property in each county of the State, a table of
the polls and number of voters in each county, the number of children
in each county returned for participation in the educational fund, and
the amount drawn by each county out of that fund. He is _ex-officio
Insurance Commissioner_, and has general supervision over all insurance
companies doing business in Georgia.
This properly ends the executive department as fixed by the
Constitution, but there are other State officers whose duties are such
that they really belong to the same class, and may be considered under
this head.
The _Attorney-General_ is the legal adviser of the executive
department. He represents the State in all capital felonies in the
Supreme Court, and in all civil and criminal cases in any court when
required to do so by the Governor. He is elected by the people for a
term of two years, and the same qualifications for this office apply as
do those for judges of the Supreme Court.
The _State Superintendent of Schools_ is elected at the time when the
Governor is elected, for a term of two years. He is charged with the
administration of the school laws. He has general superintendence of
the business relating to public schools. It is his duty to instruct
all officers under him as he thinks necessary for the better discharge
of their duties, and to inspect the various schools of the State. He
disburses the school fund according to the number of children between
the ages of six and eighteen years in each county.
He is the Secretary and Executive Agent of the State Board of Education.
With the consent and approval of the State Board of Education, he may
appoint three _State School Supervisors_ to act under his direction and
give normal instruction and training in each county; to grade, when
required, the papers of applicants for professional certificates; and
to aid him generally in supervising, systematizing, and improving the
schools of the State. He appoints, with the advice and consent of the
State Board of Education, an experienced _auditor_ to examine and
report on the accounts of all schools and colleges receiving State aid.
The State Superintendent of Schools is _ex-officio_ a member of the
State Board of Education, the State School-Book Commission, the State
Geological Board, the Board of Trustees of the State Normal School at
Athens, and the South Georgia Normal School at Valdosta.
The _Commissioner of Agriculture_ is elected by the people of the State
for a term of two years, at the same time that the governor is elected.
He has charge and control of the inspection and sale of all fertilizers
sold in the State. The law requires all manufacturers and dealers in
fertilizers in Georgia to first register all the brands to be sold.
The law authorizes the Commissioner to appoint six inspectors for a
term of one year each, and such other additional inspectors as may be
required, to be paid for the actual time they are in service. After
the samples are taken by these inspectors, they are forwarded to the
Commissioner, who turns them over to the State Chemist, he making an
analysis of the goods. If the analysis shows anything radically wrong,
the Commission takes it up with the fertilizer manufacturers who sold
the fertilizer, and the party who bought it.
The Commissioner of Agriculture is also charged with the inspection of
foods, drugs, feeding stuffs, and of all oils of illuminating quality
sold in the State. It is his duty to enforce the provisions of the
Pure Food and Drug Laws, and he appoints a food inspector and a drug
inspector. Both of these inspectors make their report to the
Commissioner, and all samples taken are sent to the State Chemist for
analysis. The Commissioner also has charge of the inspection of cattle
in Georgia to protect them against diseases of all kinds. This
department is called the _Bureau of Animal Inspection_, and is in the
charge of the _State Veterinarian_, with a corps of assistants, all of
whom are appointed by the Commissioner. This Bureau cooperates with
the United States Department of Agriculture in Tick Eradication and Hog
Cholera Contagion; and the general development of live stock industry.
The Commissioner of Agriculture also has charge of the horticultural
interests, peaches, apples, fruits, and vines, of all description.
Under the law he appoints an _entomologist_ who may visit all the
orchards and vineyards, and inspect them for the purpose of keeping
down all diseases affecting the fruit in Georgia. In a general way the
Commissioner of Agriculture is expected to look after the common good
of the State connected with the varied farming interests.
By virtue of his office, the Commissioner of Agriculture is
_ex-officio_ a member of the board of Trustees of the State Board of
Agriculture, Chairman of the Board of Trustees of the Georgia
Experiment Station, and also Chairman of the State Board of Entomology.
The _State Chemist_ is in charge of the laboratory in connection with
the Department of Agriculture. He is appointed by the Commissioner of
Agriculture, and his assistants are also appointed by the Commissioner
on the recommendation of the State Chemist.
A _State Geologist_ is appointed by the Governor, who holds his office
during good conduct. He is removable by the Governor for inefficiency
or misconduct. It is his duty to make a geological, mineralogical, and
physical survey of the State; to make records of the survey; to make a
record of the general physical characteristics of the different
counties; to locate the deposits of mineral ores and phosphates,
collect and classify specimens and preserve them in a museum.
The _State Game and Fish Commissioners_ appointed by the Governor for a
term of two years. It is his duty to see that all laws for the
protection of game animals, game birds, and fish in the State are
observed and enforced. He appoints game and fish wardens and deputy
wardens in each county of the State to assist him in enforcing the
laws, and in issuing licenses to proper persons to hunt and fish in the
open season, in accordance with certain restrictions and regulations.
The _State Tax Commissioner_ is appointed by the Governor, with the
approval of the Senate, for a term of six years. His office is at the
State Capitol in connection with the Comptroller-General. He acts as
assistant to the Comptroller-General. He investigates all matters
relative to taxation, and makes recommendations to the General
Assembly, as to any alterations or changes that may bring about a more
perfect and equitable system of taxation. It is his duty to examine
carefully and compare the tax digests of the several counties of the
State, to the end that property located in different counties may bear
its equitable burden of taxation.
The _Adjutant General_ is appointed by the Governor for the term of the
Governor's tenure. He is at the head of the Military Department of the
State, subordinate only to the Governor as Commander in Chief of the
military forces of the State. He is custodian of all militia records
and of all State and United States Military Equipment in the State. He
renders an annual report to the Governor of the condition of the
militia and accounts for all moneys received and disbursed for military
purposes. He issues all orders relative to carrying into execution and
perfecting the military establishment under the laws of the State and
the United States.
The _Commissioner of Commerce and Labor_ is elected at the same time
and in the same manner as the Governor and the State House Officers for
a term of two years. He is aided by an assistant commissioner and
chief clerk. His duties are to provide for the collection and
dissemination of authentic statistics pertaining to the various
industries and resources of the State; also to collect data relative to
the condition and welfare of laboring people and such other statistics
concerning the industrial welfare of the citizens of the State as he
may deem of interest and benefit to the public: He is especially
required to investigate the operation and enforcement of various laws
relative to the employment of child labor and of women. He may act as
a mediator between employers and employees in the case of strikes, and
tender his good offices to the opposing parties with a view to bringing
about friendly and satisfactory adjustments. He makes a full report to
the Governor, with such recommendations as may be likely to promote the
efficiency of his Department.
The _Railroad Commission_ consists of five members, one or two being
elected every second year, for a term of six years. It is the duty of
the Commission to protect the people from excessive passenger or
freight rates on the various railroads operating in the State, and to
prevent unjust discrimination. The Commissioners have the power to
examine the books of any railroad company, to examine its officers and
agents as to their methods of conducting the business of the road, and
to examine the road to see that it is not in an unsafe and dangerous
condition, and when any part is found to be unsafe, to require the
company to put it in such condition as will render travel safe and
expeditious.
The Commission also has a similar control over street railroads,
wharves, docks, gas, electric light and power, terminal, express,
telephone, telegraph, and cotton compress companies. The Commission is
called upon to consider, hear, and adjust multitudes of differences and
complaints that arise in reference to services, rates, and practices of
more than two hundred public service corporations that are within its
supervisory and regulatory jurisdiction.
Each of the companies, or corporations, over which the Railroad
Commission has authority, before issuing stocks, bonds, notes, or other
evidence of debt payable more than twelve months after the date
thereof, must secure the approval and authority of the Commission; also
they must show the purpose and use for which such issues are authorized.
The _Prison Commission_ consists of three Commissioners elected by the
people for a term of six years. The Commissioners elect one of their
number chairman. All convicts, all convict camps, and the State Farm
are under the direct supervision of the Prison Commission, which
provides rules and regulations, subject to the approval of the
Governor, for their management, discipline, and sanitation. Some
member of the Prison Commission makes personal visits to the various
convict camps of the State every six months and makes a thorough
inspection of every detail of management, plan of operation,
sanitation, and treatment of the convicts. The Commission apportions
the convicts to the various counties desiring to use convict labor on
the public roads.
The Prison Commission hears applications for pardons and makes
recommendations for executive clemency to the Governor, but he may
reject their advice.
JUDICIAL SYSTEM.--The judicial branch of our State government is vested
in the Supreme Court, the Court of Appeals, superior courts, county,
and city courts, courts of ordinary, justice courts, and courts
recently established in certain cities in lieu of justice courts.
The difference in the courts consists of their varied jurisdiction.
Jurisdiction is the power to hear and determine cases. Two questions
are usually involved in determining the jurisdiction of a court.
First, the residence of the defendant, and, second, the amount involved
and the subject matter of the litigation. The jurisdiction of a court
is usually limited to a particular territory, and, with the exception
of the superior courts, it is limited as to the character of the
litigation.
In each militia district of every county of the State, except in
certain cities, there is a _justice court_. This court was established
for the trial of cases involving small amounts, and for the preliminary
trials of persons charged with offenses against the laws of the State.
The justice is elected for a term of four years by the voters of the
county. To be eligible for this office one must have been a resident
of the district for three months, and such other qualifications apply
as do to voters for members of the General Assembly. This court holds
its sessions monthly.
Upon the recommendation of the grand jury of the county, a _notary
public_ and _ex-officio justice of the peace_ may be appointed by the
judge of the superior court and commissioned by the Governor. His
powers are the same as a regularly elected justice, and his term of
office is for the same number of years.
The jurisdiction of the court extends to all cases arising from
contracts, or injuries, or damages to personal property, when the
amount claimed does not exceed $100. Contests for the possession of
personal property, when the title is not involved, may also be tried in
justice courts. When the amount involved is less than $50 an appeal
may be had to a jury of five men; if the amount exceeds $50, an appeal
may be had to the superior court.
Upon the arrest of any person charged with any offense against the laws
of the State he can be brought before the justice of the peace for a
preliminary trial. If in the opinion of the justice there is
sufficient evidence, he is bound over to a higher court for trial.
The justice of the peace can issue warrants for the arrest of persons
charged with crimes, and is qualified to administer oaths. The
executive officer of the justice court is the _constable_, who is
elected by the people for a term of two years. He serves subpoenas,
levies executions, conducts the sales of the court, and makes arrests.
In 1912, the provisions of the Constitution recommending the
establishment of justice courts in each militia district were amended
so as to allow such justice courts, the office of justice of the peace,
and of notary public, _ex-officio_ justice of the peace, to be
abolished in certain cities in Georgia by the establishment in lieu
thereof of such court, or system of courts, as the General Assembly may
deem necessary. Such courts have been established in Atlanta and
Macon. The territory, jurisdiction, and power of these courts are set
forth in the act creating them.
A _county court_ is established upon the recommendation of a grand jury
in a county. The judge of the court is appointed by the Governor for a
term of four years. The judge of a county court must be twenty-one
years of age, and must have been a resident of the county one year.
The court holds monthly and quarterly sessions at the county seat. The
jurisdiction of the court extends over the county where it is located.
The court has jurisdiction in all civil cases where the amount involved
does not exceed $500, save where exclusive jurisdiction is given to the
superior courts. Criminal cases are also tried in county courts when
the crime with which the defendant is charged is called a misdemeanor.
In some counties also there are county courts established by special
acts of the Legislature.
Many _city courts_ have been established by the Legislature. The judge
of a city court is appointed by the Governor, or elected by the people,
according to the provisions of the act establishing the court. The
term and the qualifications of the judge, and the jurisdiction of the
city court, are also fixed by the legislative act creating the court.
The term is sometimes four years and sometimes two.
The _solicitor_ of the city court is appointed by the Governor, or
elected by the people, for a term of two or four years. It is his duty
to represent the State in all criminal cases tried in that court.
There is in each county of the State a _court of ordinary_. The
presiding officer of this court is styled the _ordinary_. He is
elected by the voters of the county for a term of four years. The
jurisdiction of the court of ordinary extends throughout the county
over all matters relating to the administration of property of deceased
persons, orphans, idiots, lunatics, and insane persons. In the
ordinary is vested the power of appointing guardians of the person of
orphans and insane persons. The ordinary also has charge of county
roads and revenues where no board of county commissioners has been
established. The ordinary is clerk of his own court, and the sheriff
of the county is his executive officer.
The State is divided into twenty-six _judicial circuits_, and each
circuit has one _superior court judge_ (or mote than one if the
Legislature so provides). This judge is elected by the people for a
term of four years. To be eligible he must be thirty years of age; he
must have been a citizen of the State for three years, and must have
practiced law seven years.
The _superior courts_ have original and appellate jurisdiction.
Actions may be begun in this court, and actions may be appealed to this
court. The original jurisdiction of this court extends exclusively
over all suits for divorce, suits where titles to land are involved,
cases in equity, and criminal cases where the person is accused of a
crime the punishment for which is loss of life or imprisonment in the
penitentiary. Offenses of a lesser grade are called misdemeanors. The
court has jurisdiction over all civil cases. The _judge_ of the
superior court has the power to issue various writs for the enforcement
of the law, and grant charters to all corporations, except banking,
insurance, railroad, canal, navigation, express, telephone, and
telegraph companies. Cases appealed from justice courts, county
courts, courts of ordinary, and certain city courts lie to the superior
courts.
The _clerk_ of the Superior court is elected by the people for a term
of two years. He has custody of all court papers, records, liens,
deeds, mortgages, and other conveyances, issues executions, subpoenas,
commissions to take interrogatories, and other writs with the authority
of the court. He also has the power to administer oaths.
The _sheriff_ of the county is properly a county officer, but his
duties are closely allied with the superior court. He is elected by
the people for a term of two years. It is his duty to execute all
orders of the court, attend in person or by deputy all its sessions,
keep a record of all sales and executions, publish advertisements of
sales, and conduct sales at the county seat. He levies executions,
serves warrants, and executes all the writs of the judge of the
superior court. The sheriff may appoint deputies to assist him in the
performance of his duties.
The _solicitor-general_ is elected by the people for a term of four
years. He must have been three years a citizen of the State, he must
be twenty-five years of age, and must have practiced law three years.
He is the solicitor of the whole circuit, and is not a county officer.
He advises the grand jury, examines witnesses before that body, and
draws up all indictments and presentments. It is his duty to prosecute
or defend any civil action in his circuit in which the State is
interested, collect moneys arising from fines and forfeited bonds, and
all claims of the State, as ordered by the Comptroller-General. He
represents the State in all criminal actions in the superior court, of
which he is the solicitor, and in the Court of Appeals or the Supreme
Court in cases appealed from his circuit.
The _Court of Appeals_ consists of three judges, elected one every
second year for a term of six years. The _Supreme Court_ consists of a
chief justice and five associate justices. They are elected two every
second year for a term of six years. A judge of the Court of Appeals
or a justice of the Supreme Court must be thirty years of age, must
have been a resident of the State three years, and must have practiced
law seven years.
The Court of Appeals has appellate jurisdiction in cases appealed from
certain city courts, and in criminal cases, not capital, appealed from
the superior courts. The Supreme Court has appellate jurisdiction in
civil cases appealed from the superior courts, and in all cases of
conviction of capital crime. The Supreme Court also settles any
question as to the meaning of the Constitution, and as to the
constitutionality of a State law. It is the highest judicial authority
in the State.
COUNTIES.--The State is divided into one hundred and forty-eight
counties, and each county into militia districts, according to its size
and population. Every militia district in the State must contain at
the time of its organization at least one hundred male residents over
twenty-one years of age who are subject to militia duty, and no militia
district can be reduced in population below this requirement by the
formation of a new one. While no additional counties can be created in
the State except by a constitutional amendment, one may be abolished or
merged into adjoining counties by a two-thirds majority of the voters
of the county.
Each county in the State has an organized government, with powers
delegated to it by the State government. These powers are largely
administrative, and have for their chief purpose the enforcement of
general laws. Each county is a body corporate, with the power to sue
or be sued in any court, make contracts, and buy and sell real estate.
Its debt cannot exceed seven per cent of the assessed valuation of the
taxable property.
ORDINARY.--The office of ordinary is the most important in the county.
He is the principal administrative officer in the county. When sitting
for county purposes he has exclusive jurisdiction in directing and
controlling all county property and in levying general and special
taxes. He has control over all roads and bridges, establishes and
alters election precincts and militia districts, appoints officers to
fill all vacancies in the county. He audits the accounts of all county
officers, makes rules and regulations for the relief of the poor. He
issues marriage licenses, pays pensions to Confederate veterans,
licenses and regulates peddling, and collects special taxes assessed by
the State. He is elected for a term of four years.
He is both a judicial and an administrative officer. His judicial
duties have been explained.
A part of his administrative duties as to roads and revenues is
performed in some counties by a board of county commissioners.
COUNTY COMMISSIONERS.--A board of county commissioners may be created
by the General Assembly to administer the executive powers of the
ordinary. The powers of the commissioners differ in the various
counties, and their duties are prescribed by the act creating them.
They are called commissioners of roads and revenues. When county
commissioners are provided for by legislative enactment the ordinary
ceases to perform the duties given to the commissioners.
JURY COMMISSIONERS.--The board of jury commissioners is composed of six
members, who are appointed by the judge of the superior court for a
term of six years. Two members are appointed every second year.
This body meets in August, biennially, to revise the jury list. It
selects from the books of the tax receiver "upright and intelligent
men" to serve as jurors. The most intelligent and experienced are
selected for the grand jury. The name of each person subject to serve
on the jury is written on a separate slip of paper and placed in the
"jury box." At each term of the superior court the judge draws out of
this box from eighteen to thirty names, from which the grand jury is
impaneled. In the same manner thirty-six names are drawn for the petit
jury.
_Grand Jury_.--The grand jury consists of not less than eighteen nor
more than twenty-three members. A foreman is elected by the jury. It
is their duty to indict or present for trial all persons who from their
own knowledge, or from evidence brought before them, are charged with
an offense against the laws, and against whom sufficient evidence is
produced to sustain the charge. It is also their duty to inspect the
books and accounts of all county officers, examine the tax receiver's
digest, and inquire into the condition and management of the county
roads, jails, and schoolhouses. It advises the ordinary in the
administration of the county tax, determines the salary of the county
judge, jurors, and bailiffs, and appoints the members of the board of
education.
_County Treasurer_.--All revenue paid into the county arising from
taxes, and all other sources, is paid to the county treasurer, who
disburses it only upon warrants issued by the ordinary or board of
county commissioners.
_Tax Receiver_.--It is the duty of the tax receiver to secure from
each taxpayer, under oath, a statement of the character and amount
of his taxable property. Three digests are prepared from the full
returns made to the tax receiver, who must furnish one to the
Comptroller-General, the tax collector, and the ordinary.
_Tax Collector_.--It is the duty of the tax collector to collect all
taxes due the State and county, and to pay the same over to the
Comptroller-General and County Treasurer, the portion due the State
going to the Comptroller-General. He is to search out and ascertain as
far as possible all poll and professional taxes due and unpaid, and all
taxable property not found in the digest, and to assess the same and
collect thereon a double tax. He also issues against all defaulters,
executions, which are placed with the proper officials for collection.
_Road Commissioners_.--Each county is arranged into road districts in
order that the labor and expense may be divided as equally as possible
throughout the county. Three commissioners are appointed in every
district for a term of two years, and are excused only for providential
causes; but while serving they are exempt from jury, militia, and other
road duty.
All male residents of the State between the ages of sixteen and fifty
years are subject to work on the public roads, with the exception of
preachers, cripples, and employees of the Insane Asylum, and the like.
No person, however, is required to work for a longer time than fifteen
days in the year, or for a longer time than five days in succession.
The commissioners have the power to fine or imprison defaulters.
Counties may, however, adopt an alternative plan for working the roads:
in such counties a special tax is levied on property, the proceeds of
which are spent on the roads, and able-bodied men between eighteen and
fifty years of age are subject to road duty for not more than five days
each year, or they may pay a small commutation tax instead.
CORONER.--The principal duty of the coroner is to hold inquests, with a
jury composed of six electors, over the bodies of all persons who have
died suddenly and under suspicious circumstances. Upon the verdict of
the jury, the coroner may commit to prison, to await trial, any person
found guilty of homicide. The coroner is also _ex-officio_ sheriff
when the latter is disqualified or absent from the county.
_County Surveyor_.--The county surveyor makes surveys of county and
district lines, and such other surveys as are required by the
Comptroller-General.
CITIES AND TOWNS.--Where the necessity demands it in very thickly
populated districts, and where the county government would be
inadequate for the requirements of the community, local governments are
established, which are termed _municipal corporations_.
Such corporations are chartered by the General Assembly, and the form
of government of each municipality is prescribed in the act creating
it. No distinction is drawn in Georgia between towns and cities.
The form of the municipal government conforms to a large extent to that
of the State government, the legislative power being delegated to a
council or board of aldermen, the executive to the mayor, and the
judicial to a recorder, or some one performing the duties usually given
to this officer.
The council is composed of the _mayor_ and a number of _councilmen_.
They are elected by the voters, usually for a term of one or two years.
The councilmen in some places are elected from various city wards; in
others they are elected by the town or city at large. In some cities
the _recorder_ is elected by the council, and in some he is elected by
the people. In some the mayor performs the duties of the recorder.
Under some charters, the city comptroller, tax collector, treasurer,
and city attorneys are elected by the voters, while the minor officers,
such as the city clerk, tax assessors, members of the board of health,
the board of education, and the board of police commissioners, are
elected by the council.
The revenue of a city is derived from a general tax on all real and
personal property, which must be uniform, and a license tax on all
occupations, which is varied with the occupation.
EDUCATION.--There is a thorough system of public schools for the
education of the children of the State, the expenses of which are
provided for by taxation or otherwise. The schools are free to all
children of the State, but separate schools are provided for white and
colored children. The State appropriates money directly to the support
of the public schools.
Authority may be granted to counties, school districts, or to
municipalities, upon the recommendation of the corporate authority, to
maintain schools by local taxation, levied in addition to the amount
appropriated by the State. But such a law takes effect in any county
district, or municipality, only if ratified by a two-thirds majority of
the citizens voting on the question.
The _State Superintendent of Schools_ is the executive head of the
school system of the State, and to him are submitted reports from the
county school superintendents. He prepares the questions for teachers'
examinations.
The _State Board of Education_ is composed of the Governor, State
Superintendent of Schools, and four other persons who are appointed by
the Governor and confirmed by the Senate. At least three of these
appointees must be men of practical experience in teaching schools and
of high standing in educational work, having had at least three years'
practical experience in the schools of Georgia.
The board is authorized to receive bequests for education, and invest
the principal sums when the interest only is to be expended. The board
is an appellate and advisory body. The State Superintendent of Schools
is required to advise with the board for the better performance of his
duties, and appeals from his decisions lie to the board.
It is the duty of the State Board of Education to provide rules and
regulations for the supervision of all schools in the State; to provide
the course of study and select textbooks for all common and high
schools of the State receiving State aid; also to provide a system of
certification for the teachers of the public schools.
The schools of each county are under the control of a _County Board of
Education_. The grand jury of a county selects five citizens to serve
on the board for the term of four years. The county is divided by the
board into school districts, and a school is established in each
district which may have three trustees who act under the general
supervision of the County Board of Education.
The board employs teachers, rents property, buys school furniture, and
makes all arrangements necessary for the efficient operation of the
schools.
The _County School Superintendent_ is elected by the qualified voters
of each county for a term of four years. Under a recent act the term
of all these officials is uniform and expires January 1, 1917. He must
be a resident of the county in which he offers for election and be a
person of good moral character. In addition to the above there are
four tests laid down by law and the County School Superintendent must
qualify under at least one of these:--
1. Three years' experience in teaching, one year of which shall have
been in Georgia, and the possession of a first-grade license.
or
2. A diploma from a reputable college or normal school.
or
3. Five years' experience in actual school supervision.
or
4. An approved examination before the State Board of Education as to
qualifications.
It is his duty to examine on a day advertised for that purpose all
applicants for licenses to teach, and to grade such applicants
according to the instructions of the State Superintendent of Schools.
He is a medium between the State Superintendent of Schools and all
subordinate school officers, and acts as the agent of the County Board
of Education in purchasing school furniture, apparatus, and all
educational requisites.
Besides partly supporting the public schools, the State supports other
institutions for higher learning. These institutions, though situated
in different parts of the State, are collectively known as the
_University of Georgia_, which has its seat at Athens. The head of all
these institutions is styled the _Chancellor_, but each has its
President and separate board of trustees. The trustees are appointed
by the Governor for various terms.
The University of Georgia consists of the college at Athens and the
following branches: The Georgia Normal and Industrial College, State
Normal School, South Georgia State Normal School, State College of
Agriculture, North Georgia Agricultural College, Medical College,
Technological School, and Georgia State Industrial College for Colored
Youths.
The educational system of Georgia is being constantly improved by
voluntary local taxation supplementing the State funds. Every child in
Georgia is entitled to receive a thorough education, suited to the
station in life to which he can reasonably aspire. This much should be
demanded. Nothing less should be accepted as sufficient. May the time
soon come when the people of Georgia will realize that money spent to
develop the minds and characters of their children is the best
investment to be made for them in time and eternity.
ELEEMOSYNARY INSTITUTIONS.--At the expense of the whole people, the
State of Georgia maintains the following eleemosynary institutions:
Georgia Academy for the Blind, Macon; Georgia School for the Deaf, Cave
Spring; the Soldiers' Home of Georgia, Atlanta, Georgia State
Sanitarium for the Insane, Milledgeville; Georgia State Tuberculosis
Sanitarium, Alto; and the Georgia Training School for Girls.