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.