Studies in Citizenship
FOR
Georgia Women
*8?
V / -' >
PUBLISHED BY
ATLANTA LEAGUE OF WOMEN VOTERS
ATLANTA, GEORGIA
STUDIES IN CITIZENSHIP
FOR
GEORGIA WOMEN
EDITED BY
MRS. R. L. TURMAN
FOR THE
ATLANTA LEAGUE OF WOMEN VOTERS
MRS. NEWTON C. WING
BUSINESS MANAGER
ATLANTA, GA,
KEELIN PRINTING COMPANY
19 2 3
TABLE OF CONTENTS
Lesson I The Growing Importance of Popular Education
in Politics.
By John Garland Pollard, LL. B., LL. D.
Lesson II Citizenship and the State.
By Hon. Hooper Alexander
Lesson III The Departments of Government
By Hon. Hooper Alexander
Lesson IV The Elective Franchise
By Hon. Hooper Alexander
Lesson V The Legislature
By Hon. Hooper Alexander
Lesson VI. The Limited Powers of the Governor
By Hon. Hooper Alexander
Lesson VII The Executive Department
By Hon. Hooper Alexander
Lesson VIII The Judiciary
By Hon. Hooper Alexander
Lesson IX Taxation
By James A. Hollomon
Lesson X How the State's Millions Come and Go
By H. L. Fullbright
Lesson XI. What the State Does for the Farmer
By Hon. Martin V. Calvin
Lesson XII Our Public Schools
By Dr. N. H. Ballard, Superintendent of Education
Lesson XIII County Government
By Hon. Hooper Alexander
Lesson XIV City Government
By Hon. Hooper Alexander
Lesson XV - System of Primary Elections
By Hon. LIooper Alexander
Lesson XVI How a Bill Goes Through the Legislature
By Hon. John T. Boifeuillet
EDITOR'S NOTE
We have come to a new day when the newly enfran-
chised women are expected, without any definite prepa-
ration, to be able to cast an intelligent vote. Now men
seem to be able to absorb, without any effort on their part
all that they need to know, but women, with their pro-
verbial curiosity, are anxious to know more about the
principles of government, and of the policies and issues
involved in political campaigns, than they are able to ex-
tract from the thin air.
These studies have been prepared with the idea of
putting before the women in concrete form the funda-
mentals of Georgia government and politics.
The editor wishes gratefully to acknowledge the in-
terest of the gentlemen who have so generously contrib-
uted of their time and talents to this work for Georgia
women.
Women have never failed to respond to their country's
call in time of war, but I long to see women as patriotic in
peace as they are in war. And let us not forget that "our
country needs a hero very seldom, but she needs a good
citizen every day.
Maud Pollard Turman.
Mrs. R. L. Turman
337 Myrtle St.
Atlanta, Ga.
Lesson I.
THE GROWING IMPORTANCE OF POPULAR
EDUCATION IN POLITICS
by Dr. John Garland Pollard
(The author of this article is professor of Government and Citiizenship at
the College of William and Mary. He delivered this address at the George Wash-
ington University on February 22, 1923.)
"Popular government without popular education is but a prologue
to a farce or to a tragedy, or both.
When these words were spoken by James Madison, our govern-
ment touched us but lightly and remotely. But now in the progress
of time it has grown into a gigantic business machine, gathering for
its sustenance billions of dollars of the earnings of the people each
year. And its growth cannot be measured in money alone. The sub-
jects with which it deals have grown in number and magnitude. Its
scope is ever enlarging. Year by year with steady stride it ad-
vances into fields once occupied exclusively by private endeavor.
Each year finds it in some new territory.
If popular education was important to the government in Madi-
son's time, the reason now obtains with ten-fold force, for the hand
of the government is upon us every day and in every way. From the
cradle to the grave it effects our interests at every stage of our ex-
istence. It comes home to every individual. Yea, it not only comes
into our homes, but has recently descended into our cellars. Its ac-
tivities are omni-present. Its demands are insatiable.
There are today plainly seen certain distinct tendencies which
increase the importance of more widespread interest and information
in public affairs.
First: The ever increasing financial demands which our govern-
ments are making on our property and earnings.
Second: The increasing growth in the number of ways in which
the government touches our daily lives as individuals.
Third: The great number of organizations representing special
classes, trades or callings which are forming to obtain or defeat
legislation in specified fields.
Fourth: The growth of a disposition on the part of our execu-
tives and legislators not to lead in the formation of public opinion
but to postpone taking a position until after public opinion is formed.
6 Studies in Citizenship for Georgia Women
These tendencies are by no means all evil, yet all of them are
full of danger unless the proportion of alert, well-informed citizens
is rapidly increased. It is true that general education does much to
counteract the evils in these tendencies, but the kind of education
upon which we must chiefly rely for improvement and perpetuation
of our institutions is education in political theory and practice. The
chief, if not only, justification of education at the public expense is
that the people may be so trained as to become wise sovereigns. Per-
haps none of these tendencies will ever be checked, but the situation
brought about by them must be met by popular education in politics
to be accomplished through the schools and colleges and patriotic
organizations.
We cannot reasonably hope that the burdens of taxation will ever
be less. There are undoubtedly some items upon which our govern-
ments are spending far too much and drastic cuts must be made, but
there are some other objects upon which governmental expenditures
will and should be increased; among them are education and good
roads.
The number of governmental activities likewise will continue to
increase with the density of the population and the more complcated
conditions of modern life. These new agencies require money for
their support. We hear the multiplication of bureaus and depart-
ments condemned on all sides, and yet when you ask the critic to
list the new agencies he would dispense with, you may usually silence
his criticism.
There is little likelihood that the number of organizations repre-
seating special classes, trades or callings will ever be fewer than they
are today. Their legitimate functions are so apparent that their
formation must not be discouraged. Their evil tendencies, however,
must be curbed.
There will always be in public life a large number of men who
will take no part in moulding public opinion. Many conscientiously
believe that they are mere registers of public opinion and that it is
not their duty to take part in its formation. Men who pursue this
course are the men who usually remain longest in public life. This
class of politician seems now to be the most popular with the voters.
This we hope will not always be true. The more intelligent the elec-
torate, the more and more they will demand qualities of leadership
in their representatives, yet the fact remains that the public men
whose policy is to give their constituents what they want without
undertaking in any way to influence their choice will always con-
tinue in public life in large numbers.
Studies in Citizenship for Georgia Women 7
PART I.
It has been estimated that our governments, national, state and
local, absorb one-seventh of the income of all the people of the
United States. Or to put it another way, our governments have be-
come so huge as to take in taxes the total income of all the people for
one-seventh of their time. An amount equal to all the fruits of our
labor for this calender year up to today (Feb. 22) went into the pub-
lie tills. Just today the people stopped working for the governments
and began work for themselves.
Of course I do not mean that every citizen pays one-seventh of
his income in taxes, but I do mean that the average citizen is burden-
ed in approximately that proportion by taxes directly paid by him
plus those indirect taxes passed on to him by others and which are
hidden away in the cost of everything he buys. These indirect taxes
are no less burdensome than direct taxes, for there is but one
source from which the government can derive its sustenance and
that is from the earnings of the people. The only difference is in
the degree of the consciousness of the burden. The indirect tax has
proven less objectionable to the public, for taxation has been de-
scribed as the art of so picking the goose as to get the greatest
amount of feathers with the least amount of squawking.
Ten years ago the per capita cost of the Federal Government was
less than $4.00, now it is $60.00, and our bonded indebtedness
amounts to $1,000.00 per family. The average cost of the state gov-
ernments in 1913 was about $5.00 per capita and now it is $22.00 per
capita. Taxes amount annually to more than 33 per cent of the total
circulating medium and constitute a burden equal to $350.00 per fami-
ly. In 1920, after the war had ended, 93 cents out of every dollar
paid into the national treasury went for pension obligations and debts
contracted for past wars and for maintaining the army and navy
for possible future wars. Only 6 cents out of every dollar went to
the ordinary expenses of the government, such as Congress, courts,
executive departments, public buildings, rivers, harbors, roads and
the like, and only one cent out of every dollar was devoted by the
national government to scientific and educational work.
This array A»f facts shows that from now on each citizen must:
consider his taxes as a substantial part of his individual budget, and
for business reasons, if none other, he must1 pay attention to and par-
ticipate in the conduct of the government under which he lives.
8 Studies in Citizenship for Georgia Women
PART II.
But as 1 have indicated, this story can not be told in terms of
dollars and cents. Every meeting of our legislative bodies adds to
the list of governmental activities. Witness the recent maternity
laws, showing that the government is concerning itself about the in-
dividual even before he is born. When he comes into being his birth
is made a permanent legal record. The government then begins to
look after the food for the infant and seeks to protect the purity of
the supply through food inspection laws. It knows that the growing
child must be the special object of its protection against contagious
diseases, and our government undertakes to prevent their spread.
When the child is old enough, the government leads it to the school
room. Yea, it pulls him in, through compulsory education laws.
There it takes charge of his training, following him through the
grades into the high schools and undertaking to give direction to his
life by providing special courses. It also provides colleges and uni-
versities where he may further pursue his studies and fit himself for
business and the professions.
Nor is this all. He can not become a lawyer, a doctor, a dentist,
a teacher, or even an undertaker without standing an examination
prescribed by law. When the young man steps out into life it is the
government which largely prescribes the conditions under wihch his
young life shall be spent; whether he shall be surrounded by tempta-
tions of the gambling den, the bootlegger, and the social evils which
the government undertakes to fight. When the young man gets mar-
ried, he can not do so except in the manner and in the form prescribed
by the government; and then after he is married and comes unde
the dominion of his wife, surely we would say that it is time for the
government to let him alone, but not so, it decrees that he shall sup-
port that wife and sends him to jail if he does not. The government
also requires the father to support his children by furnishing them
shelter, food and clothing, the prices of which are substantially af-
fected by taxes fixed by the government. And so it is that the
government follows the citizen all through his life, prescribing the
conditions under which he shall conduct his business and how much
of his earnings he must give up in taxes. Yea, it follows you down
to your dying day, and after you are dead it prescribes how long
your body shall be kept out of the ground. Nor is this the last of
the government. It then takes charge of your estate, takes what it
wants for itself in the shape of inheritance taxes and then dis-
tributes the residue among your heirs and the lawyers. And the
government would not even stop here, but would go further, I fancy,
and levy a tax on your happiness or misery in the next world, but
fortunately for you, the tax collector never knows which way you
have gone. Other concerns of life begin with the cradle and end
Studies in Citizenship for Georgia Women
9
with the grave, but not so with the government. It reaches out for
you before you are born and lives on what you leave after you are
dead and gone. And yet some people think they are giving evidence
of their wisdom when they state they are too busy to have anything
to do with politics.
PART III.
The day is marked by the formation of numerous organizations
for the advancement of the interests of particular classes, trades or
callings. The very fact that they represent a class rather than the
general public makes it unsafe for the people to allow them to acquire
too much power.
Many of these organizations have their headquarters in Wash-
ington where they maintain paid secretaries whose duty is to watch
legislation which may effect their interests. These organized mi-
norities exert influence over Congress far out of proportion to the
number of citizens interested. A few thousand men interested in
the passage or defeat of a piece of legislation, men who are earnest
and have memories which last until election day, have far more in-
fluence on legislators rather than the unorganized masses. The legis-
lator, of course, knows that these organizations represent minorities,
but he also knows if he pleases them he can count on their help in his
re-election and if he displeases them he can count on their vigorous
opposition. He knows that if they make some unreasonable demand of
him and he refuses to accede, that as a rule he can not make a sue-
cessful appeal to the majorities on the ground that he has withstood
the unreasonable demands of these organized minorities. He knows it
is difficult and often impossible to arouse the majority from their in-
difference and that on election day they will give him little credit for
resisting unreasonable demands.
A convincing evidence of the power of organized minorities is
shown by the recent disclosure by the head of one of our woman's
organizations who publicly states that she was offered $250,000 to
lobby for a certain measure. Her organization represents a small mi-
nority of women, but they are well organized, and the man who of-
fered the compensation knew that what the public man fears is not
the leaderless unorganized masses but the small compact bodies of
voters who know what they want and are willing to fight for it.
The situation is well illustrated by the familiar story of the stage
driver who had become so expert in the use of his whip that he could
with unfailing aim, pick off with his lash any leaf from the trees
which overhung the highway. One day he was driving under a tree
where there was an overhangng hornet's nest and a passenger asked
10 Studies in Citizenship for Georgia Women
him why he did not pick the nest off with the end of his whip. He
replied, "Stranger, that thing is organized.
Legislators, state and federal, know that much unwise legislation
is accomplished in the way indicated and that much good legislation
is thus defeated. The only way to lessen this evil is to increase the
number of well informed voters who will support public men in their
opposition to the unreasonable demands of organized minorities. In
theory, the public man before each effort for re-election submits his
record to the scrutiny of his constituents, but the truth is that the ma-
jority of them know little and care little about what their represen-
tatives have done, while there is always the compact minority who do
not know and do not care. It is this minority which the candidate
often seeks to please, for he knows that by their activity they can
change a few thousand votes which may decide his political fate. The
evil of this condition will grow less and less just in proportion as the
number of well informed disinterested citizens increases.
PART IV.
I have referred to the growth of the disposition on the part of our
representatives not to lead in the formation of public opinion but to
postpone stating their own position until after public opinion is
formed. I think history shows that there was once in our legisla-
tive halls a larger proportion of men who were creators of public
sentiment.
I am not libeling our present day public men. Let us here see
what one of their number has to say on the subject. Some years ago
I spoke in this city at a banquet of the friends of this institution.
Uncle Joe Cannon, who has been in Congress whereof the memory of
man runneth not to the contrary, was called on for a speech. The old
man arose and in a most impressive way began to deplore the timidi-
ty of his colleagues in Congress; he pictured them as dodging out
into the cloak room and corridors when a vote was about to be taken
on a question concerning which their constituents were divided. He
then raised his long bony arms and with great feeling and emphasis
said, "Gentlemen, if I had my way, I would abolish the office of Chap-
lain of Congress and instead of having an opening prayer, I would
require all my colleagues to join their hands and sing the good old
gospel hymn 'Increase My Courage Lord'.
One of the greatest tasks of the day is to encourage the disposi-
tion on the part of the people to appreciate and honor those public
men who fight for principle and to despise those who dodge great is-
sues just as we despise those who flee when their country calls to
arms. We have often heard it said that peace hath its victories no
Studies in Citizenship for Georgia Women 11
less renowned than war, that the country's greatest good has been
accomplished by the efforts of noble men and women in time of
peace, and yet while we make heroes of men who face death in time of
battle, we have little to say in praise of those heroes of peace who
sacrificed their personal interests in the advocacy of measures they be-
lieve to be conducive to the public good. On the other hand we find
ourselves honoring men who hold their public positions by reason of
their failure to take a decided stand on public questions, and the pub-
lie man who is really willing to fight for the public good is often
considered a stubborn disturber of the party's peace and unavailable
for party honors.
The demand that our public men should have courage must be-
come more widespread. Our political situation is full of problems
of the greatest importance with which our public men fear to grapple
because of the antagonisms which they might thus create. The reme-
dy is to increase the number of voters who will demand of all those
entrusted with leadership and all who ask the people thus to honor
them, that they aid in the solution of the important questions relating
to the office they hold or to which they aspire. We must create a
public sentiment which will look on the failure of a public man to
take a stand when such questions are at issue as a display of cow-
ardice not to be tolerated. The battles of peace can not be won under
cowardly leadership any more than wars can be won under
cowardly military officers. The public man whose chief concern is
getting elected is as useless to his country as a soldier whose chief
concern is his own personal safety. A greater number of the people
must be stirred to oppose those public men who are afraid to advo-
cate measures concerning which there is a difference of opinion.
The wrongs of government will not be righted by such men. On
the other hand their presence in politics can but retard the pro-
cesses of improvement. And yet let it be sadly admitted that the at-
titude of the average voter encourages such timidity. The average
voter seems to delight in voting for a "good fellow who never of-
fends anybody by disagreeing with them. We are prone to forget
that no wrong is ever righted without giving offense to somebody,
and the number of people offended is often in proportion to the
wrong to be corrected. I have sometimes heard good men justify
politicians in their evasive policies. They say they can not blame
candidates for getting all the votes they can. But if a man is un-
willing to get dollars by deception, how can he justify getting votes
by the same method. And if it is wrong to get rich by fraud and
concealment, how can getting office by the same method be justified?
We look with toleration and often with admiration upon the slickness
of the politician who cleverly avoids any issue, who never leads pub-
lie sentiment but who always follows, who has no convictions, who
12 Studies in Citizenship for Georgia Women
entertains no worthy aspirations but whose only desire is to remain
in power for selfish purposes. Such men invariably change as their
personal interests dictate, they do not belong to those brave spirits
who fight and win the battles for right. They are mere camp follow-
ers who live on the spoils of war. They fill their greedy hands with
the plunder of patronage, the by-product of the hard fought battles
of peace in which brave men risk and often lose their political lives.
But our public men are what the people make them. Many a pol-
itician would be a statesman if the people would only allow him to
be. The lack of political information and interest is responsible for
cowardice in public life. The experienced politician knows that only
about once in a decade do the masses of the people have spasms of
political activity, while he is daily impressed with the fact that if he
wants to keep in public life he must please that organized minority
which never forgets. If such minority happens to be good, then he
is good. If it happens to be bad, then he is no better.
I would not excuse a candidate for unholy alliances, but surely
those of us are not innocent who by our indifference make such al-
liances profitable, thus putting temptation in our brother's way.
In the days of duelling, men were required by public sentiment
to settle their disputes on the so-called field of honor. John Hamden
Pleasants, a Virginia editor, was one of the great men whose life
was sacrificed to this cruel sentiment. At his funeral, attended by a
large and influential gathering of the citizens of Richmond, the min-
ister dwelling on the evil of public sentiment which required men to
fight when challenged, at the end of his discourse, pointing down to the
casket which enclosed the victim's remains, solemnly and impressively
said, "There lies the body of John Hamden Pleasants, and then look-
ing up into the faces of the great audience the preacher dramatically
exclaimed, "and ye are his murderers! And so I have sometimes
thought that it might be justly said of the citizens of this country
that their indifference to public affairs, stiffles and oft times kills the
patriotism and courage of our public men, for they can but remember
the political death of so many of their contemporaries who had earn-
estly taken up the cause of the people against organized minorities
only to be forgotten by the people on election day and left to be slain
on the battlefield.
The task of our universities and colleges is to impress on our
young men and women not only how vitally the government affects
their own interest but to look on politics as an instrumentality of ser-
vice to our fellow man. We must teach that that man is a grafter
who gets more out of the community in which he lives than he puts
back in service, and that the neglect of one's duty to his country is
Studies in Citizenship for Georgia Women 13
second only in disgrace to neglect of one's family. We must impress
the fact that the man who goes into politics for selfish reasons and
the man who stays out of politics for selfish reasons are both bad citi-
zens, and that there is little difference in the degree of guilt between
the man who makes politics dirty and the man who refuses to help
make politics clean.
And now I may close by applying to my subject a lesson from the
life of the great man whose birth we celebrate today and from whom
this great university gets its name. The life of Washington illus-
trated in all its completeness, the fullduty of a citizen to his country.
His service in peace was no less devoted than his service in war.
Some great soldiers of history, when the din of battle had died from
their ears, have sunk back into lives of ease and have disdained to
take part in the battles of peace. But Washington knew that peace
hath its victories no less renowned than war. He knew that a man's
patriotism in peace is measured by his interest in public affairs. He
knew that war with all its horrors, its sufferings and its tears, has
its roots in mistakes made in times of peace. To help his country
avoid these mistakes, he left the shades of Mt. Vernon and went into
public service. Today we are prone to think of Washington as the
idol of all the people of his time, but not so. Even the father of his
country had to bare his breast to the cruel darts of criticism from un-
relenting political enemies, just as truly as he bared his breast to
English bullets. Those who think that the soldiers of peace know
not suffering, have never fought in a good cause. They see only the
glamour of public office, they hear only the applause of the crowd,
just as they see the soldiers of war on dress parade and hear the mar-
tial music, but forget the hardships of camp and field. Yes, even the
great Washington had his motives impugned, and his honesty ques-
tioned and, I fancy, his suffering as a soldier of peace was more acute
than his sufferings of a soldier of war. But he continued true to his
duty and his life is a rebuke not only to slackers in time of war, but
to those respectable citizens who prefer their own profit and ease to
participation in the struggles which are now going on to correct the
wrongs which still cling to government. Young ladies and gentle-
men, the time may never come when you can help your country in
time of war; but you can work for your country's good in time of
peace; and this means an intelligent interest in public affairs and an
active participation in the support of men and measures which will
most effectually establish justice and insure progress.
14 Studies in Citizenship for Georgia Women
QUESTIONS
1—What are the tendencies of modern times that increase the
importance of a popular interest in public affairs?
2—What does the author suggest as the best way to counteract
the evils in these tendencies?
3—Is there any likelihood of any decrease in taxation? Give
reasons for your answer.
4—What effect will popular education have on the characters of
"politicians"?
5—What part of the income of the United States is paid in
taxes? To what is the increase in taxation due?
6—Are individual citizens free from the restrictions of govern-
mental activities? Give instances to prove your answer.
7—What are "organized minorities and what influence do they
wield?
8—How can the power of "organized minorities be broken?
9—What is the attitude of some public men towards the "forma-
tion of public opinion"?
10—What does the author suggest as the ideal requirements for
men in public life?
11—Is the attitude of the average voter any encouragement to
improvement in politics? Explain your answer.
12—What is the relationship between public men and the "peo-
pie"?
13—How may the colleges and universities help in the improve-
ment of politics?
Studies in Citizenship for Georgia Women
15
Lesson II.
CITIZENSHIP AND THE STATE.
by Hon. Hooper Alexander, Former Federal District Attorney.
When we speak of the state of Georgia in a political or legal
sense, we do not mean either the geographical division called Georgia,
nor the people who inhabit it, but the organized society and its estab-
lished government that has been set up within that geographical
boundary, and which exercises legal control therein. But we must
be careful also to avoid the common error of supposing that Georgia
is either a subdivision of the United States, or exists by permission
and authority of the United States.
There is a far reaching difference between the relation of Fulton
or De Kalb counties to the State of Georgia, and the relation of the
State of Georgia to the United States. A county in Georgia has no
legal existence as a subdivision of the State, and no right to exist ex-
cept by will and permission of the State, and the State can, at any
time, abolish a county or change its form of government. The
State existed before the county did. The State created every coun-
ty in it, and did so merely for its own convenience. It prescribes
by law how the county shall be governed and what its powers shall
be, and may change them at pleasure. Indeed, counties and cities
are not indispensable to states at all. A state government can
operate directly, though experience has proven that better results
follow from the use of these subordinate local governments.
The situation as to the states and their relation to the Union is
quite different. The Union did not create the states; the states
created the Union. Georgia existed as a state before there was any
United States government at all. In the nature of things there can-
not be a United States Government without states to be united. We
will therefore consider the state of Georgia without any reference
to the United States.
The state of Georgia is said to be a sovereign state. This means
that it exists by virtue of the will of the people who compose it,
just as the French Government or the Greek Government exists. A
state is merely a society of people residing in a given territory who
unite together by common consent for certain declared purposes.
These purposes are substantially the same in all American states, and
are generally set out in the preamble of the Constitution. In Geor-
gia, they are declared as follows:
16 Studies in Citizenship for Georgia Women
"To perpetuate the principles of government, insure justice to
all, preserve peace, promote the interest and happiness of the citi-
zen, and transmit to posterity the enjoyment of liberty, the people of
Georgia, relying upon the protection and guidance of Almighty GOD,
do ordain and establish this Constitution.
In as much as the State is merely a society, it is proper to explain
in what sense it is a society. Speaking generally, it is a society
just exactly as a woman's club is a society, or a church, or a labor
union or a social club is a society.
It might at first glance be thought that there is this difference,
that the members of a social club join it voluntarily, while there may
be persons who are compelled to be a part of the State. This differ-
ence is more apparent than real, for an inhabitant of Georgia does
not have to belong if he does not want to—he can leave. A member
of a club can quit, but he can't stay in the club if he quits. Indeed,
membership in the society of Georgia is not so necessary as mem-
bership in a club, for there are many people in Georgia who are not
members, but are just permitted to remain—only they must obey
the laws of the state if they remain.
Now every organization has its own constitution and by laws.
So does the Woman's Club, and so do the churches. Exactly the
same thing is true of a state. Georgia has its constitution, and just
as a club has subordinate regulations which it calls by-laws, so the
State has rules lower in dignity than its constitution. These it
calls the laws, but they are just the same as the so-called by-laws of
a club.
Now, if a state is nothing more than a society, the question
comes up as to who are the members of it, who compose it—and this
brings us to the question of citizenship.
A member of the society of Georgia is just a citizen of Georgia.
People have an idea that there is something mysterious about citizen-
ship. There is nothing mysterious about citizenship. A citizen is
simply a member of the society and that is all there is to it.
There is one point of difference between membership in a club
and membership in a state. As a general rule the only way one can
become a member of a club is to join it. You can join a state the
same way, but most citizens inherit their citizenship.
If you will recall what happened to the Apostle Paul when he re-
turned to Jerusalem after his last missionary journey (Acts XXII,
24-28) the chief captain of the Roman garrison was surprised and
incredulous when Paul claimed to be a Roman citizen, and indicated
Studies in Citizenship for Georgia Women 17
his doubts by boasting that he had joined Rome and that it cost him
a pretty penny to get in. But Paul quietly replied, "I was born free.
Who then are citizens? This is another point about which there
is much misapprehension. Citizenship is not dependent upon the
right to vote, as many people are citizens who are not allowed to vote.
In some states there are many people allowed to vote who are not
citizens.
There were many people under the impression that women were
not citizens until the amendment was adopted under which they vote.
This is another mistake. Citizenship is defined as follows by the
Constitution of the United States:
"All persons born or naturalized in the United States and subject
to the jurisdiction thereof are citizens of the United States and of
the States wherein they reside.
If you carefully examine the language, there is nothing to puzzle
you about citizenship. Naturalization is merely the name for joining
—not many are naturalized—Most citizens are like Paul, born so.
Therefore, the youngest baby in the State is a citizen.
The only part of this definition that needs any explanation is the
phrase "and subject to the jurisdiction thereof. This is not im-
portant and serves only to exclude the children of foreign ambassa-
dors and the like, who may happen to be born here while their parents
are resident here. These are not subject to our jurisdiction and there-
fore are not citizens here.
A state then, is an organized society of people, resident in a given
territory, who maintain for their own purposes, an organized gov-
ernment functioning according to a body of rules established by
them. The members of the society are called citizens, and one be-
comes a citizen either by birth or by adoption, otherwise called nat-
uralization.
QUESTIONS
1—What do we mean when we speak of "The State"?
2—Tell the difference between the relation of the county and
the state and the state and the United States.
3—Quote from the constitution of Georgia as to the purpose of
the organization of the state.
4—Is there any difference between membership in a state and in
a social club?
5—Who are citizens of Georgia?
6—Is citizenship dependent upon the right to vote?
7—How does the constitution of the United States define citizen-
ship?
18 Studies in Citizenship foe Georgia Women
Lesson III.
THE ELECTIVE FRANCHISE.
by Hon. Hooper Alexander
A State, being a mere society of individuals, it would naturally
follow in the absence of provision to the contrary, that the members
of the society should have an equal voice in its management. That
voice is expressed by the members, or citizens, in Georgia, at the
ballot box, and the right to vote is generally referred to as the elec-
tive franchise.
It is usual for a state to provide in some way as to who shall en-
joy this privilege. Manifestly it would be impractical for all to
vote, and quite undesirable for same to vote. Children of tender
years, for instance, can not vote and it is certainly undesirable that
habitual criminals should vote. Then again it is a notion common to
many states that persons who do not help to support the state ought
not to have a voice in its affairs.
The State determines who shall be qualified to vote. Except in
two particulars, the United States government has no authority to
meddle with that question at all. These exceptions will be discussed
later.
Subject to them, the state of Georgia, like all the other states,
determines for itself who can vote, and proscribes the qualifications
for voting. These qualifications differ widely in the several states,
and they have often been changed in Georgia. The present require-
ments are as follows:
1. The voter must be 21 years old and a citizen of both this
state and of the United States.
2. He or she must have resided in the state one year next pre-
ceding the election.
3. He or she must have paid all taxes which have been required
of him or her since 1877.
4. Such payment must have been made at least six months
prior to the election, unless this occurs within six months
from the expiration of the time fixed for the payment of such
taxes.
All of the above requirementsi except the fourth, have been in
force for more than forty years. The fourth requirement was added
Studies in Citizenship for Georgia Women 19
some years ago for the purpose of preventing certain evil practices
in the way of paying up other people's taxes on the eve of an election
in order to qualify them.
In addition to these, it was provided in the year 1908 that after
that year the voter must also register as a voter in accordance with
the requirements of law, so that, now, one might have all the original
requirements and still not be entitled to vote because of not being
also registered for that purpose. But there were other provisions
made in 1905 which still further restricted the number.
It was provided, in that year, that even though one had all the
qualifications above enumerated, before he could either register or
vote, he must be found to belong to one of five named classes as
follows:
1. Those who have served honorably in the land or naval forces
of the United States in any of its wars down to the Spanish
American war, or who had served in the land or naval forces
of the Confederate States, or of the State of Georgia,in the
War Between the States.
2. All persons lawfully descended from persons in class 1.
3. All persons who are of good character and who understand
the duties and obligations of citizenship under a republican
form of government.
4 Persons possessing a certain degree of education.
5. Persons owning a certain amount of property.
It will be observed that a person is not required to fill all of these
five qualifications, or belong to all five of these classes. Any one is
sufficient, if he has the four qualifications first named. The right to
register and vote under the first two classes, however, continued only
until 1915, that is to say, persons could qualify and register as hav-
ing been a soldier or as being a descendant of a soldier, until 1915,
but no longer. If so registered, however, prior to 1915, such regis-
tration is permanent.
Reference has already been made to the fact that there are two
exceptions to the general rule, which leaves to the states alone power
to proscribe the qualifications for voting. Prior to the'year 1870, the
United States made no attempt to meddle with that question in any
way, and the constitution of the United States affirmatively required
that, in all elections for national officers, the voters in each state
should be the same persons whom the State recognized as entitled to
vote for members of the state legislature.
20
Studies in Citizenship for Georgia Women
In 1870, however, the Constitution of the United States amended
by the adoption of the fifteenth amendment which provided as follows:
"The right of the citizens of the United States to vote shall not be
denied or abridged by the United States, or any state on account of
race, color or previous condition of servitude/'
The purpose of this amendment was, of course, to secure the
elective franchise to the negroes, but it should be carefully observed
that it does exactly do this. Indeed, it was not intended to confer
and does not confer on the negroes the right to vote, but merely for-
bids the States to exclude the negroes from the ballot box on ac-
count of their being negroes.
There is a very substantial difference between the two things.
The states still have the right to exclude any class or classes of per-
sons they please from the elective franchise, as long as they do not
make race or color the ground or test for exclusion.
Again, in 1920, the Constitution of the United States was amended
by the adoption of the nineteenth amendment, which reads as fol-
lows: "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 ac
count of sex.
Here again, it is to be noted that this amendment was not intend-
ed to confer and did not confer the elective franchise on women,
though it had practically that effect.
The control over qualifications for the ballot still remains as it
was under the fifteenth amendment, and as it was from the founda-
tions of the government, entirely with the several States, each for
itself and for its own people, with two exceptions. That is to say,
the states are free to say who may vote in their several elections as
long as they do not make distinctions depend upon race, color, or sex.
This is well illustrated in the fact that, long before the nineteenth
amendment was adopted, there were many states that permitted
women to vote. After that amendment, no state could deny them
right merely on the ground of their being women.
The Georgia Constitution, in defining who might vote has always
added the word "male to the qualifications, and no change has ever
been made in that respect. The effect of the nineteenth amendment,
however, has been to nullify that provision, so that, although it still
remains in the Georgia Constitution unchanged, it is a dead letter.
As the qualifications of voters in this state are proscribed in the State
Constitution, and for the entire state, they apply also in municipal
elections, and the legislature of the state would have no power to ex
elude any one from the ballot in a city, if qualified to vote in a state
Studies in Citizenship for Georgia Women 21
election, nor to allow any one to vote in a city who can not vote in a
state election. But it has generally been assumed that the legislature
may authorize, and a city require a supplemental registration for city
voters. Their assumption has never been questioned and is probably
sound, though it would not be consistent to admit to such a registra-
tion persons who are not qualified to register for a state election, nor
to exclude from it those who are so qualified.
In this connection it may perhaps be prudent to explain that the
state now has what is called a permanent registration list. This does
not, however, admit those who are on it, to vote in a city election un-
til they are again registered for that city election.
Cities generally require new registrations annually or bi-
ennially. They might also provide permanent registrations, though
none of them has done so, as far as we are advised. It is impoortant
to remember that registration as a voter in state elections does not
dispense with the necessity for additional city regulations, though
this could be done, and perhaps should be done.
In addition to the qualifications for voting that have now been
explained, it should be added that there are some express disquali-
fications. For instance, there are some classes of persons who may
possess the requisite qualifications and yet are excluded from regis-
tering and voting. These are as follows:
1. Those who have been convicted in a proper court of treason
embezzlement of public funds, malfeasance in office, bribery,
larceny, proof of any crime involving moral turpitude.
2. Idiots and insane persons.
Those disqualified for crime however, may be pardoned, and in
such case their disqualification is removed. Just what offenses in-
volve moral turpitude has never been fully defined. It is also pro-
vided by the State Constitution that soldiers, sailors, and marines,
in the military or naval service of the United States cannot acquire
the right to vote merely by being stationed on duty in this state.
This does not mean that they cannot acquire such right at all but
only that their official presence here, though long continued, shall
not, of itself, make them qualified electors.
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Studies in Citizenship for Georgia Women
QUESTIONS
1—Where is the power to determine the qualifications of voters
vested?
2—What are the four necessary qualifications for voters in Geor-
gia?
3—When did the state begin to require voters to register? Can
you tell why?
4—Name five classes under which voters may qualify.
5—In what two cases has the federal government specifically
limited the states in their power to determine voting qualifi-
cations?
6—What provision of the Georgia constitution did the Nineteenth
Amendment nullify?
7—lis it necessary to register every year?
8—What are the express disqualifications for voting?
Studies in Citizenship foe Georgia Women 23
Lesson IV.
THE DEPARTMENT OF GOVERNMENT.
By Hon. Hooper Alexander
Having now determined that a State is a society of which the citi-
zens are members, we take up the question of what the society is
organized for, and how it is to carry on its purposes.
We have already seen that it declares its purpose to be:
"To perpetuate the principles of free government, insure justice
to all, preserve peace, promote the interest and happiness of the citi-
zens, and transmit to posterity the enjoyment of liberty.'*
For the accomplishment of these purposes the citizens organize a
government, the framework of which is outlined in the constitution
and the details worked out in the laws. During the slow process of
the centuries, human reason and experience have made it clear that
in any government there are three separate and necessary functions:
1. The power and authority to make its laws.
2. The power or jurisdiction to interpret and construe the laws
and determine their application to any particular set of facts.
3. The power and duty to carry out or execute the laws and do
the things which they commend, or prevent the things which they
forbid.
Reason and experience have also concurred in the judgment that
the best results and the greatest measure of happiness and efficiency
result from that form of government which most completely separates
these functions.
In a primitive tribe of savages, the chief combines all these func-
tions, in his own office. He himself lays down such rules as he pleases,
changes them when and where and as he pleases, construes his own
rules, and carries them into effect. In such a government justice is,
of course, impossible. No man can know what the law is or will be
tomorrow; no man has any assurance of what the rules mean, or
whether they will be properly or fairly administered.
As we ascend the scale of civilization through the governments
of Turkey under the Sultan, or Russia under the Czars, we find a
sure, though an imperfect separation of these functions, and we al-
ways find that justice, efficiency, enlightment and education tend to
24
Studies in Citizenship for Georgia Women
improve as the legislative, judicial and executive powers become mere
complete and are entrusted to different officers or tribunals.
The government of the United States does not, in express terms,
require this separation, but it does entrust these powers each to its
own particular set of officers.
The constitution of Georgia does the same thing, but it goes far-
ther and provides as follows:
"The legislative, judicial and executive powers shall forever re-
main separate and distinct, and no person discharging the duties of
the one shall, at the same time, exercise the functions of either of
the others, except as herein provided.
Under these provisions of the constitution, it would be manifestly
improper for the governor to hold a court, or the judges of the Su-
preme Court to make laws.
Nevertheless, there do come times and places where the separate
powers approach so nearly to each other, where the line of demarca
tion between them is so vague and shadowy, that it is not easy to say
with certainty to which department of government a particular func-
tion belongs.
Thus, if we take the duties of the Railroad Commission, or the
Public Service Commission as it is now called, it is by no means
easy to say with certainty to which department of government it
belongs.
It is generally conceded that the commission itself belongs to the
executive branch of government and certainly it has some duties that
are purely executive. It collects statistics and publishes informa-
tion, and does many other acts that are undoubtedly in execution of
law. On the other hand, it decrees and makes orders that a railroad
may charge certain rates or shall build a depot at a certain place.
It is not easy to explain why this is not an exercise of the power to
make laws, though the courts have always said that it is not. Again
it hears many controversies and decides them, and the courts have
agreed that in none of these are they exercising judicial functions.
Still it must be admitted that the reasoning on this subject is far
from satisfactory, and there are many people who feel that the con-
elusions reached on these subjects are sustained by public opinion,
more from the fact that it is regarded as necessary, than because the
laws under which the commission exists are really consistent with the
provision above quoted from the constitution.
The power to create a corporation is generally conceded to be an
exercise of legislative authority and yet most corporations are created
Studies in Citizenship foe Geoegia Women 25
by the courts. But this is expressly authorized by the constitution
itself, and therefore comes within the exceptions contained in the
words "except as herein provided. So there are other cases in the
law where particular officers have been authorized by acts of the
Legislature to do things which seem to the average mind to violate
the provision above quoted from the constitution, and some of these
are not yet fully decided by the courts. Others, it must be admitttd,
are not easy to classify.
All the authorities are agreed that the separation of the different
functions can not be made absolutely clear and sharply defined, but
it is fairly well carried out, and that there are not many cases in
Georgia, in which an officer of one department exercises functions
properly belonging to another.
Speaking in general terms, the first class of powers above men-
tioned are committed by the Constitution of Georgia to the Legisla-
ture.
In a subsequent article we will explain the powers of the Legis-
lature, how it is composed, and how the members are selected, and in
like manner how the second group of powers enumerated are com-
mitted to the courts. Later on we will explain about these, what their
powers are, how they operate, and how the judges are chosen.
The third group of powers is committed to the executive depart-
ment. Generally this would mean the Governor. However, the Gov-
ernor in Georgia is not by any means the executive department, nor
even the chief executive, as he is sometimes called.
QUESTIONS
1—Define the three separate functions of any government.
2—How does the United States provide for this separation of
powers? Give instances to show how these powers may over-
lap.
3 How does the question of the creation of corporations com-
plicate matters?
4 When there is a question of indeterminate jurisdiction, who
decides?
5_What is the situation in Georgia with regard to the separation
of the functions of government?
26 Studies in Citizenship for Georgia Women
Lesson V.
THE LEGISLATURE.
by Hon. Hooper Alexander
The State, being a mere society of individuals organized for cer-
tain declared purposes, exercises, as we have shown, three principal
groups or classes of powers, the first of which is the power to make
rules or laws. This power is called the legislative power. But how
does it do this?
If there were only fifty or a hundred people in such a society,
these might meet together themselves and make the laws. But of
course, this is impossible in so large a society, and recourse is there-
fore, had to a system of choosing a few out of the whole for that
purpose, just as the stockholders in a bank select a board of directors.
In the first section of the third article of the Constitution of the
State we find the following:
"The Legislative powers of the State shall be vested in a General
Assembly, which shall consist of a Senate and a House of Represen-
tatives.
Let us analyze this. The legislative power, properly belongs to,
and inheres in the whole mass of citizens. But by this provision in the
constitution they have delegated it to another organization called a
"General Assembly, which is nothing more than the body we gen-
erally call the Legislature. Originally the power was "inherent in
the people. But is now "vested in the Legislature, as agents for
the people.
But what is this General Assembly to which such extensive and
important powers are thus delegated? The Constitution already
tells us that it is composed of a Senate and a House of Representa-
tives. But who and what are they? Turning again to the Gonsti-
tution, we read in the second section of the third article that the
Senate consists of fifty-two members chosen from fifty-two districts,
each district having one Senator.
There are 166 counties in the state and these have been grouped
together, three or four counties to a district, into 52 groups, each
of which is called a senatorial district. The first district lies near
and around Savannah, and includes the counties of Chatham, Bryan,
and Effingham. The people of this district are entitled to elect one
senator to represent them. In like manner the counties of Rich-
mond, Glascock, and Jefferson form the eighteenth district. Most
of the districts contain three counties, but the twenty-second dis-
Studies in Citizenship for Georgia Women 27
trict includes the counties of Bibb, Monroe, Pike, and Lamar. The
thirty-fifth district includes, Fulton, Clayton, and Henry.
There are 166 counties in the State and these vary widely in
population, Fulton County having approximately a quarter of a
million people, while Echols and Treutlen have barely more than
three thousand each. The constitution of the state provides that the
eight counties having the largest populations may each send three
representatives to the House; the thirty next largest, two each; and
the rest one each.
This is a recognition in principle that the counties should be
represented in proportion to population, but it must be admitted
that it is a very poor application of the principle. Fulton County has
more than seventy times the population of Echols, but only three
times as much representation. So again, Fulton has exactly the same
number of representatives as DeKalb, though it has more than five
times the population.
Under the rule referred to, the House of Representatives consists
of 212 members, of whom eight counties furnish 24 members, thirty
counties furnish 60 members and the remaining 128 counties furnish
128 members. The General Assembly, then is composed of 264
representatives who are authorized to exercise the legislative powers
of the people, and, by authority and permission of the people.
The next question is, how are they selected—In Great Britain the
members of one house of the legislature are elected, those in the
other holding by hereditary succession. We might in Georgia, have
made the same provision if we had so desired. We might have made
seats in, both houses hereditary. We might have provided that they
should be chosen by lot, or that they might be appointed by the
Governor. We have however, provided in our Constitution in Geor-
gia, that the members of both houses shall be chosen by ballot, the
senators by the qualified voters of their respective districts and the
representatives by those of their counties, and for stated terms of
two years. This is representative government. Thus, every two
jyears the people of Fulton, Clayton, and Henry counties elect a
Senator to represent the thirty-fifth district. Each of the counties
choose their representatives in the House, in the same way and for
the same term, eight of the counties electing three representatives
each, thirty of them electing two representatives each, and the re-
maining counties, one each. The 212 men thus chosen compose the
House of Representatives, or "The House, as it is commonly called,
for the next term.
These elections occur in November of each even year, but the
members do not take office until the following June. For instance,
the members of the present legislature were elected in November
1922, but did not become members until June 1923. Their sue-
28 Studies in Citizenship for Georgia Women
cessors, will be elected at the general election in November 1924, and
will take their seats in June 1925.
The members of each house must each take an oath to support
the Constitution of this state and of the United States, and that, on
all questions coming before him, he will so conduct himself as will,
in his judgment, be most conducive to the interest and prosperity of
the State. The Legislature meets every year, and no session may
continue for more than 50 days. In case of emergency, however,
the Governor may call them together for an extra session, and there
is no limit of time set for such a session.
Certain classes of persons are disqualified to be members of the
legislature. Thus, no military officer may sit in this assembly and no
civil officer to whose office there is any compensation attached, ex-
cept Justices of the Peace and officers of the militia. No person can
be a member who is in arrears for his taxes, nor any defaulter in
respect of public funds.
In like manner no member who has once been sworn in can be
elected by the Legislature or appointed by the Governor to any of-
fice to which any compensation accrues until his successor has been
sworn in.
If any member removes his residence from the district or county
for which he was elected, his seat is automatically vacated. Every
Senator must be at least twenty-five years old and a citizen of the
United States. He must, also, have been a citizen of this state for
four years, and a resident for one year in the district for which he
is elected.
A member of the House must be a citizen of the United States,
at least twenty years old, and must have been for two years a citizen
of Georgia, and a resident for one year in the county for which he is
elected. Sometimes there arises a contest as to who was elected. In
such cases it is a fundamental principle with us that each house is
the safe and final judge of the election returns and qualifications of
its members. Neither the Courts nor the Governor can meddle with
that question in any way.
Members of the General Assembly are privileged from arrest
while going to or returning from a session of the Legislature, and
while in attendance at the Copitol for that purpose, except for
treason, felony, or breach of the peace. For words spoken by him
in debate he is also privileged, and he can never be held to answer
for these before any other tribunal.
When the newly elected members meet for the first time and are
sworn in, each house proceeds to elect one of its own members to
preside over its deliberations, the presiding officer of the House being
called the Speaker, and that of the Senate being called the President.
They elect certain other sub-ordinate officers also, a recording officer,
Studies in Citizenship for Georgia Women
29
called the Clerk in the House and Secretary in the Senate; also a Mes-
senger, a Doorkeeper, and a Sergeant-at-arms. None of these are
members. The Presiding officer of each House can appoint a certain
number of Pages, and it is usual for the Speaker of the House to ap-
point a Postmaster to take charge of the mail for the members.
As soon as either house completes its organization it sends a
message to the other house, so informing, and notifying it of who is
the Clerk or Secretary, as the case may be. The other House, upon
the completion of its organization, sends a similar message.
When the whole Assembly is thus organized, a joint resolution is
proposed in one of the houses and agreed to by the other, for the
appointment of a committee to notify the Governor of that fact.
This resolution sometimes originates in one house and sometimes in
the other. The committee is usually composed of three members
from the House appointed by the Speaker, and two from the Senate
appointed by the President.
A formal message is sent by each House to the other, advising who
its committeemen are. The committee thus formed then makes a
formal and official call on the Governor and informs him that the
General Assembly of the people's representatives is organized and
ready to receive any communication he may desire to make. The
committee should also inform the Governor officially who the officers
are.
To their communication the Governor usually replies that he will
in a few days, send a communication in writing to the Assembly
touching the state of the public business. In recent years the Gov-
ernor has sometimes replied that he will be pleased to appear per-
sonally before a joint session of the Assembly and address them on
the subject of the state's affairs.
Each branch of the Committe then appears before its own house
and reports the Governor's answer. In case the Governor er-
presses a desire to appear personally, the two houses, by appropriate
resolution make arrangements for the joint session.
The methods for attending to their business each house de-
termines generally for itself by adopting a body of rules. There are
a few rules prescribed by the constitution for their purpose, and these
are, of course, controlling, in the main, however, each house makes
its own rules of procedure. These generally follow customary par-
limentary usage, but there are many changes in detail, and the rules
of the two houses differ considerably.
The nature of the business to be transacted and the method pur-
sued for that purpose will be reserved for a future article.
30 Studies in Citizenship for Georgia Women
QUESTIONS
1—Why is a legislature or general assembly necessary, and what
are its powers?
2—What are the divisions of the general assembly? Name the
counties in your senatorial district. It the House of Repre-
sentatives the same as the Senate? State difference.
3—How are senators and representatives chosen? When? Du-
ties and privileges of the legislators.
4—Are all citizens eligible
5—What are the officers? How chosen?
6—Name the duties of the governor.
Studies in Citizenship for Georgia Women 31
Lesson VI.
THE LIMITED POWERS OF THE GOVERNOR.
by Hon. Hooper Alexander
In providing an executive system for Georgia the Constitution
makers have departed radically from what may be called the normal
governmental policy, though it must be observed that the same tend-
ency manifests itself, more or less, in all the American states. The
normal policy proceeds on the theory that the concentration of the
executive authority in a single chief executive tends to efficiency in
government. The United States government follows this policy.
The theory that the state of Georgia seems to rest on the apprehen-
sion that it is dangerous to concentrate executive authority, and this
feeling frequently finds expression in the popular formula about "one
man power.
The grievances of the American colonies against the mother
country which brought on the revolution, arose almost entirely from
executive encroachments on popular rights. It was an inevitable
consequence that there should arise in the public mind an intense
jealousy against executive authority, and usually inevitable that
this feeling should be reflected in limitations imposed by the state
constitution on the executive departments created by them.
To a limited extent the same tendency was manifested in the
national Constitution. Thus, by that instrument, the power to de-
clare war was withdrawn from the executive and vested in the legis-
lature. So while the President was still permitted to approve all ex-
ecutive officers and remove them at his pleasure, all principal ap-
pointments were required to be made subject to the advice and con-
sent of the Senate. In like manner, while the conduct of foreign re-
lations was left to the President, the senate was given a veto power
on treaties. From the beginning the state government Georgia has
always jealously limited the power of her governor, and the present
constitution goes to such an extreme in that particular as to have
reduced her governor to a position little more than that of a chief
clerk.
The motive leading to this result was, of course, a desire to safe-
guard the liberties of the people against the possibility of executive
tyranny. The policy has naturally resulted in a loss of efficiency.
Whether the policy has really tended to compensate this difficulty by
an increased liberty to the individual, or to protect the mases against
oppression, is a question that admits of debate. This article expresses
no opinion on the subject. It is worth consideration, however, to re-
member that executive power may be exercised in defense of public
32 Studies in Citizenship for Georgia Women
rights and liberties against feudal aggression, as well as for unjust
ends, and that, if the executive is stripped of the power to oppress, it
is also at the same time deprived of the power to defend. So far as
concerns its dignity, the Constitution of Georgia has practically with-
drawn from the Governor's office all authority, and the provisions
which were adapted to prevent the governor from doing wrong or
acting unwisely have been equally potent to prevent his acting wisely
or doing right. He is a mere cipher, and in general can no more re-
strain wrong doers from doing wrong than he can oppress the right-
eous or interfere with those who desire to do right.
The normal theory of government has always vested executive
power in some one chief executive. In the American states this
officer is called a Governor. Under the policy of the central govern-
ment, and in the South American Republics, he is called President.
Among the European States he is generally called the King, though
in France and Switzerland he is called President. It should be borne
in mind that in Great Britain the King has practically no executive
power at all except in name. In that government the entire execu-
tive power is vested in a body called the Cabinet, which is, in reality,
a mere parliamentary coriimittee.
Normally, the power and duty to execute the laws is vested in
the Chief executive, whatever be the title given, and all executive
officers are appointed by him, responsible to him, and removable at
his pleasure.
Under such a system the chief executive has great power, both
for good and evil. This power, however, is compensated for by
equally great responsibility, and, if the power is abused, or the duty
neglected, or inefficiently discharged, the peopile know where
the responsibility rests. If any officer is corrupt or inefficient the
chief executive is responsible. The utterances of the Georgia Con-
stitution pertinent to this matter seem to spring from a spirit of
grim irony. Starting out with the assertion that "The executive
power shall be vested in a Governor, it immediately proceeds to
carve up the executive power into a multitude of fragments and vest
them elsewhere in a legion of officers whom the governor can neither
appoint nor remove, and over whom he has practirally no control.
The Constitution next proceeds to declare that "He shall take care
that all laws are faithfully executed, and then carefully withholds
from all power to perform the task thus imposed.
By the terms of our constitution the chief executive is to be called
the Governor. He is elected in November of each alternate year by
popular vote, for a term of two years. He must be at least thirty
years old and must have been a citizen of the United States for at
least fifteen years and of the state for six. The returns of the elec-
tion are tnade to the legislature which convenes in June following
the election. That body canvasses the returns and declares' the result,
Studies in Citizenship for Georgia Women 38
and the new Governor is then inaugurated in the presence of the leg-
islature. He takes an oath which is prescribed by law, and adminis-
tered generally by one of the judges of the Supreme Court. It is
customary for the new governor to deliver an address to the legis-
lature at the time of his inauguration, though this is not required.
A governor may be re-elected for a second term, after that he
is not eligible for re-election until four years have elapsed. He is al-
lowed a salary of seven thousand five hundred dollars ($7,500) a
year and is furnished an official residence. By statute also, and by
custom, he is furnished certain other services at the expense of the
state. His salary can not be increased or diminished during his
term, and no change can be made in the amount of it except by a
vote of two-thirds of both houses of the legislature. In case of his
death, resignation, or disability, the President of the Senate may ex-
ercise his powers, until a successor is elected or the disability re-
moved.
The powers of the Governor, as prescribed by the Constitution
are as follows:
1. He is commander-in-chief of the army and navy of the state
and of the militia. As the Constitution of the United States pro-
hibits any state from keeping troups or ships of war in time of peace,
except by consent of Congress, and, as the States do not generally
desire, in time of war, to maintain separate forces, the first part of
this provision is of no practical importance. The State does, however,
maintain a limited form of organization for its militia, and the
governor generally appoints an adjutant, as well as a highly orna-
mental staff of colonels. The adjutant-general is the only salaried
officer. The Governor may call out the volunteer militia whenever
the processes of the courts are so resisted as to make such course
necessary; and may, in time of invasion or insurrection, call out nob
only the volunteer militia but all the potential militia as well, but
only until the legislature meets. In cases where the militia is called
out in aid of the civil authorities, he may proclaim that a state of in-
surrection exists in a particular section and declare martial law in
force in that section. In such case, the commanding officer may, by
the governor's authority exercise extensive and summary powers.
These powers to call out the troops must be exercised by the gover-
nor when he is informed by certain named officers that the conditions
exist which justify it.
2. The governor may grant pardons and reprieves to persons con-
victed of crime, and may commute sentences imposed by the courts,
except in cases of treason or impeachment. It is required, however,
that at each session of the legislature he make a report to that body
of all cases in which he has exercised this power, and give his rea-
sons. This is a well intended provision, though, so far as appears, it
has never had any practical effect.
3'i Studies in Citizenship eok Geobgia Women
3. In cases of vacancies arising in the representation of any
county or district in the legislature, the governor must call a special
election in such county or district to fill the vacancy. By statute he
has a similar duty and authority in cases of vacancies arising in the
representation of the state in Congress.
4. If vacancies happen in any executive or judicial office in
the state, he may fill the vacancy by a temporary appointment, to
hold until the next general election, when the vacancy is filled by
the people.
5. He is authorized to give the legislature information from time
to time as to the state of the public business. It has been customary
heretofore to do this in the form of an annual message in writing.
At present, there is a tendency to adopt the plans of making this com-
munication in an oral address. Special matters are communicated
in shorter special mesages, and these also are now sometimes de-
livered orally. The governor may also recommend to the legislature
the consideration of such laws as he deems it expedient to be passed.
These recommendations the legislature may or may not accept.
6. Whenever the Governor thinks it necessary to do so, he may
call a special session of the legislature to consider particular mat-
ters. In all such cases the subjects to be considered are set out in
the call, and the special session can deal with no other matters.
7. Whenever a law is enacted by the legislature, the Governor
must sign it before it becomes law, but if he neglects to do so for five
days after it is sent to him, it becomes a law anyhow. If, however,
he disapproves the law, he may return it to the legislature with a
statement to that effect, and give his reasons therefor. In that
case it is not law, unless the legislature proceeds to reconsider it.
If, after such reconsideration, it is passed again by two-thirds of
both houses, it becomes a law notwithstanding the governor's veto.
8. He is authorized to require information in writing from the
officers of the executive departments as to their respective offices,
and must, four times a year, examine the treasurer and comptroller-
general on oath as to the condition of their offices, and inspect and
review their work. No special provision is made as to the enforce-
ment of their duty and power, and no provision is made for paying
the expense of it. In small or slight examinations, the governor
could no doubt meet this expense by drawing on his contingent fund,
but it is doubtful whether this would be adequate for any exhaustive
audit of the books.
9. The governor may appoint his own secretaries, not more than
two in number, and may provide such clerical help as he needs in his
office, but the total expense on these accounts must not exceed $10,-
000 a year. To this limitation there was recently added the caution
that this sum shall not be exceeded, directly or indirectly, for any
services rendered to the governor in the way of clerical assistance,
Studies in Citizenship for Georgia Women
35
or in any other manner. Just what real or supposed abuse this cau-
tion was intended to check is not apparent.
These are all the powers conferred on the governor by the Con-
stitution. There are certain other powers inherent in the office as a
matter of ancient customs which do not appear to have been with-
drawn from it by the Constitution. For instance, he has the right to
invoke the judgement of the courts against any corporation, or any
holder of a franchise, when he perceives that it has abused its privi-
leges or failed to exercise them, and ask that the charter or other
franchise be forfeited. The executive power in such case intends
only to set the law in motion. The forfeiture can only be adjudged
by the courts. A recent statute has undertaken to withdraw a large
part of this power from the governor and confer it on the Superin-
tendent of Banks. It may be questioned whether this is a valid law.
Then, there are a multitude of duties imposed upon the governor
by statute that are largely matters of clerical detail, such as signing
warrants on the treasury, assigning the rooms in the Capitol to the
different offices, issuing land grants, employing lawyers to defend
suits, or to institute them, as the case may be. These are wholly un-
important in considering the nature of his office, mere matters of
clerical or ministerial detail that could with equal propriety be as-
signed to some other officer.
It is frequently complained that we do not adequately enforce
our laws in Georgia. Much of the blame for this condition is due to
neglect of duty by executive officers. If the governor had power to
remove officers who are guilty of such neglect, he could be justly held
responsible for the failure to enforce the law. The president of the
United States has such a power over federal officers. As a conse-
quence the laws of the United States are much better respected and
obeyed.
In Georgia we prefer, to withhold this power from the Governor.
We have the right to prefer such a policy, but we must endure the
consequences.
QUESTIONS
1—How does the Georgia conception of the executive power
differ from the normal policy? What is the underlying
cause of this?
2—How is this tendency reflected in the national constitution?
What has been its effect on the chief executive's office?
3—Explain the relationship between power and responsibility
as applied to the executive of any government. To the ex-
ecutive of Georgia.
4 How and when is the governor elected and what are the re-
quirements for the office? Discuss re-election and salary.
36 Studies in Citizenship foe Geoegia Women
8—What is the governor's relation to the state militia? Is his
power in this respect limited?
6—In what cases is the governor prohibited from granting par-
dons and reprieves?
7—How are vacancies in the legislature and the state's repre-
sentation in Congress filled? Vacancies in the executive and
judicial offices of the state?
8—What is the purpose of the governor's annual message to the
legislature and how is it delivered?
9—How is a special session of the legislature summoned and
what may it discuss?
10—In what two ways may a bill passed by the legislature become
a law without the governor's signature?
11—How does the governor keep in touch with officers of execu-
tive departments? With the treasurer and comptroller-gen-
eral?
12—-What are some of the governor's rights and duties inherent
in the office as a matter of custom?
Studies in Citizenship for Georgia Women
37
Lesson VII,
THE EXECUTIVE DEPARTMENT.
by Hon. Hooper Alexander
THE SECRETARY.
This officer is named by the Constitution as one of the chief ex-
ecutive officers. Formerly his duties, as prescribed by the constitu-
tion or inherent in his office, were quite limited, being restricted to
the keeping of the public records and the Great Seal, certifying
public documents and a few minor details.
He is elected by the people at the same time as the governor, and
he returns of his election are made to and declared by the leg-
islature. His salary is fixed by the constitution at $2,000 per annum.
This was done in 1877 when the governor's salary was $3,000. The
amount was, however, increased about 1906 by the device of giving
him certain new duties to discharge in regard to corporations and
creating the new office of commissioner of corporations, which office
is held ex-officio by the secretary with a salary in that capacity of
$1,200 a year.
In 1915 he was also given a new title as commissioner of motor
vehicles and allowed a new salary in that capacity of $1,800 a year.
This makes the present salary of the secretary $5,000.
To be secretary of state one must be not less than twenty-five
years of age, must have been for ten years a citizen of the United
States, and for six years a citizen of Georgia. Theoretically he grants
all charters of incorporation to banks, railroad companies, express
and telegraph companies. In reality his duties in these matters are
purely ministerial. The legislature, in actual practice, provides a
system under which any group of persons may be incorporated for
these purposes upon complying with certain conditions. The secretary
merely sees to it that the conditions named in the law are complied
with, and, if that is done, the secretary has no discretion but to sign
their certificates of incorporation. The constitution allows the secre-
tary, as such, only $1,000 a year for clerical expenses.
THE COMPTROLLER GENERAL.
This officer is one of the most important in the state. He must
keep a record of all appropriations made by law, and the treasurer
can not pay any warrant drawn by the governor until it is counter-
signed by the comptroller general. One of the objects of this is to
prevent the overdrawing of appropriations. He supervises and con-
trols all the tax officers and they must all report to him, and he
publishes each year and submits to the legislature an estimate of the
revenues and disbursmnts for th succeeding two years and an account
of those for the past two. All holders of public franchises, such as
railroads, street car systems, telephone and telegraph companies and
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power companies make their returns to him instead of to the taxing
officers of the several counties, and he has extensive powers in the
matter of revising their valuations and enforcing payment of the
taxes.
His qualifications and the method of his election are similar in
all respects to those of the secretary of state. Comparative esti-
mates are not easy to make as to the relative extent of his powers
and their importance as compared with the governor's, but it may
well be doubted if his authority is not really more extensive and
important than that of the chief executive himself.
His salary remains at $2,000 as originally fixed by the constitu-
tion, but in 1912 he was given an additional salary of $3,000 as in-
surance commissioner.
THE TREASURER.
The qualifications and election of the treasurer are the same as
those of the secretary of state and the comptroller general, and his
duties are, at the present time, confined to the keeping of the public
moneys and their disbursemnt upon the warrant of the governor,
countersigned by the comptroller general. His salary was originally
fixed at $2,000 a year with an allowance of $1,600 for clerical help.
Some years back he was allowed an assistant, his salary was increas-
ed to $4,800, his assistant's was fixed at $3,600 and he was allowed
$6,000 for clerical aid At the same time it was provided that the
state should pay the premium on the bond he was required to give
for the faithful keeping of the public funds.
THE ATTORNEY GENERAL.
By the constitution this officer is treated as a part of the judi-
cial department, but his functions are purely executive and he is here
treated as belonging to that department. He must be at least 30
years old and must have practiced law seven years and have been a
citizen of the state for three years. He is elected by the people
at the same time, for the same term and in the same manner as
the governor. There is, however, an important difference in the
manner in which the returns are made and declared. His salary
at preesent is $5,000 a year.
STATUTORY OFFICERS.
The executive officers and departments thus far considered are
provided for by the constitution. They were manifestly intended
to be the only principal departments of government. From time to
time, however, the legislature has, in effect, created others, some of
them of equal dignity and authority. The method of so doing may
well invite attention and an inquiry as to the legislative power in
the premises.
As to two of these, the state superintendent of schools and the
commissioner of agriculture, there are some traces of authority for
them in the constitution. In the main, however, they are purely tin
Studies in Citizenship for Georgia Women 39
creation of statute. The powers of both are extensive, but it would
be impossible to fully consider either in an article of the length of
this. Each could be made the subject of a separate lesson, and there
are many reasons why each should be seriously considered by the
public, particularly the department of agriculture.
Among other officers who are armed with extensive and far-
reaching powers are the superintendent of banks, the insurance com-
missioner and his fire inspector, the commissioner of labor, the com-
missioner of corporations, the state game warden and numerous
boards and commissions that it would require a volume .to catalogue.
It is not the part of this article to comment on the policies that un-
derlie these or any other departments or officers. We are here only
telling in a general way what these departments are and trying to
give some idea as to their duties and powers. Expressions of opin-
ion as to the wisdom or unwisdom of their creation are for other
occasions.
It may not, however, be out of place to remark that the creation
of new offices has proceeded very rapidly during the past twenty
years, and the tendency has been increasingly evident to enlarge
their several authorities and correspondingly reduce the power and
authority of the governor. The resultant increase of governmental
expense and taxes has been considerable. These subjects are all
worthy of earnest consideration. If there were any possible medi-
um through which the facts of these matters could be brought to the
knowledge of the people generally, it is quite probable that much
difference of opinion would be found to exist. There is, however,
no such medium.
Of minor officers connected with the executive department there
is an illimitable host. It would be impossible to describe them all.
QUESTIONS
1—Formerly what were the chief duties of the secretary of state?
2—How is he elected and what is his salary? Who is he at the
present time?
3—What other duties have been added in recent years?
4—What are the duties of the comptroller general and what is
his salary? Who is he at present time?
5—What are the duties of the treasurer? His salary? Who
must countersign all warrants paid by him?
6—Who pays the premium on the bond required for his faithful
keeping of the public funds?
7—Who is the attorney general? To what department is he sup-
posed to belong?
8—What is his salary? What is important difference in which
the returns are made?
9—Mention other officers of the executive department, created
by the legislature.
40 Studies in Citizenship for Georgia Women
Lesson VIII.
THE JUDICIARY.
by Hon. Hoopeh. Alexander
It has already been explained that the normal functions of gov-
ernment divide themselves naturally into three groups, the legisla-
tive, executive, and judicial; and it has been further observed that,
as governments become civilized and the people more devoted to the
principles of liberty, the separation of these departments becomes
more sharply defined.
The judicial authority is that department of government which
hears and determines controversies between individuals, or between
individuals and the public. Such controversies necessarily involve
two kinds of questions: What are the facts, and what is the law
applicable to those facts? The determination of what is the law
necessarily involves a determination of what the law means, for no
human wisdom has ever yet been equal to the task of writing a law
so plainly that no dispute can arise as to its meaning.
The tribunals created by law for discharging these duties are
generally called courts, and the chief officer of a court is called a
judge. We have many courts in Georgia and several classes of
courts, the powers, duties, and authority of each and all being de-
fined by law. The power and authority of a court to hear and de-
termine is generally called its jurisdiction. The jurisdiction of the
different courts differ widely.
The whole business and evolution of Government is better illus-
trated in the last four books of the Pentatuch and the book of
Joshua than any other recorded history of like extent, and it is
peculiarly interesting in its record about the divisions of courts.
Moses was a wonderf ult Statesman, and the reason of the Exodus and
of the preceeding fifty years, is the history of how a great man took
hold of a people already numerous enough to be a nation, and by
sheer force of will and genius, hammered them into a government.
Moses, at first, combined in himself all the legislative, executive
and judicial authority, as well as being a military leader. Among a
turbulent and undisciplined mob, and surrounded by enemies, he
still found it necessary to settle the human controversies that even
then arose, and he found time to do it. Shortly after the journey
started, his father-in-law, Jethro, came out from Midian and paid
him a visit in the camp. Jethro was a wise man, and, after watching
Moses for a day or two and taking note of his problems, he gave him
Studies in Citizenship foe Georgia Women
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some good advice. The story is told in the eighteenth chapter of the
book of Exodus and the advice given is in verses 13 to 26 inclusive.
I recommend you to read it. Our judicial system in Georgia is based
upon the same principle.
Courts are divided into two groups, courts of original jurisdiction
and appellate courts. Courts of original jurisdiction are those in
which a case begins and it may finally terminate there. Courts of
appellate jurisdiction are those which do not try the case themselves,
but review the trial below and decide whether any error was com-
mitted.
The most important court in Georgia is the superior court. Courts
of like grade in other states are sometimes called circuit courts.
The corresponding court of the United States is called the district
court. There is one superior court in every county in Georgia. In
many of the counties the superior court is able to attend to all its
business in the county with two weeks work a year—in consequence it
generally holds two sessions of one week each at intervals six months
apart. For this reason a judge of the superior court is able to pre-
side in more than one county. The counties are, therefore, grouped
into circuits, and the judge for a circuit goes from one county to
another. Thus, the judge of the Stone Mountain Circuit sits in Camp-
bell county, dividing first and second weeks in February and August,
in Clayton county during'the third weeks of February, May, August
and November; in DeKalb during the first weeks of March, June,
September and December, and in Newton and Rockdale counties
during certain designated weeks.
There are, at present, thirty-three circuits, varying in size. The
Eastern and Atlanta circuits contain only one county each, while the
Northeastern Circuit has nine counties. In the Atlanta Circuit it has
been found necessary to have five judges, and these hold separate
divisions of the same court. When the present Constitution was
adopted in 1877 there were only about twenty-two circuits, but the
number has been gradually increased from time to time. When the
present legislature convened there were thirty-one circuits, but that
body divided the Flint Circuit, which had eight counties, and the
Western circuit which had seven, and so increased the number to
thirty- three, and made it necessary to have two more judges.
The jurisdiction of the superior court is practically unlimited. It
can deal with any kind of a case, though generally small matters
originate in certain superior tribunals called justice courts, and cer-
tain classes of cases connected with the administration of estates
and like matter go to what is called the court of Ordinary. These
matters can be handled however by the superior courts, which are
courts of general jurisdiction. In fact, there is no limit upon them
as to the amount involved, and practically none as to subject.
The judges of the superior court are elected by the people of the
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whole state and their salaries are paid by the state. In cases of va-
cancies the Governor can appoint a judge to fill the vacancy until
the next election. Their salaries can not be either increased or
diminished during the terms for which they are elected or appointed.
The next most general class of courts to deal with are the Justice
court. Every county is divided up into smaller districts—in some
States these are called parishes, in others, beats, or precincts, or
townships. In Georgia they are called Militia Districts. Theoreti-
cally there should be a hundred able-bodied male citizens, or a cap-
tain's company in each district, though there are a few that have
many more. This practice originated in the idea that the state
should be organized on a military basis.
In each militia district there is a Justice of the Peace elected by
the people of the district. There is also in each district one notary
public appointed by the Governor on the recommendation of the
Grand Jury of the county who is ex officio, a justice of the peace.
In most districts these two justices of the peace sit together and
hold a court once a month. In the same district they hold their courts
separately and at separate times and places.
The Justices of the Peace have a limited jurisdiction in criminal
matters. They can issue peace warrants, search warrants, and war-
rants of arrest. When a person is arrested on a warrant and charged
with a crime, a Justice of the Peace can hold a preliminary trial of
the case for the sole purpose of determining whether there is enough
evidence or ground of suspicion to justify the officers in holding the
accused under arrest until he can be indicted and tried. If he so
finds, he can send the accused to await his real trial in the superior
court, or in some other court where a jury can be impaneled. He
must however, in such an event, allow the accused to give bond for
his appearance and be set at liberty on bail. The amount of the bond
is fixed by the Justice of the Peace, but it should be reasonable in
amount.
The Justices of the Peace also have jurisdiction in civil contro-
versies where the amount involved is not over $100, (one hundred
dollars) and in some cases they can call in a jury. From their de-
cision an appeal can be taken to the superior court.
There are about 3000 o r3500 justices in Georgia. They are not
paid any salary, but are allowed fees in all cases according to a scale
fixed by law. The fees generally fall on the losing party.
Besides the Justice of the Peace there is in each county an of-
leer called the Ordinary. He holds a court called the Court of Or-
dinary, and has jurisdiction to determine all matters concerning the
proof of wills, the administration of estates, matters of guardian-
ship, lunacy and some other like subjects. The Ordinary succeeds
to the functions of the Bishop in England, who was legally known as
Ordinary to distinguish him from the Archbishop who was called the
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4>3
Metropolitan. The Court of Ordinary is called in other states by
other titles; in some it is called the Surrogates Court, and, in others,
the court of probate. The ordinary is elected by the people of the
county. He draws no salary, but is paid by fees and these fees are
a heavy burden on the estates of people of moderate means. The
superior courts also have jurisdiction in the matters referred to the
court of ordinary, concurrent with that officer, but they exercise it
only in unusual circumstances.
The three courts, the superior court, the justice's courts, and the
courts of ordinary are the only normal courts of original jurisdiction,
but there are many other courts of original jurisdiction varying very
much in their nature and jurisdiction. The legislature is expressly
authorized by the Constitution to create any courts it may see fit, and,
under this authority it has created a great number of special courts
for different localities, by separate laws. Each one of these differs
largely from every other, and reference must be made to the statutes
under which they are created to determine their powers.
Thus in Fulton county, there is a court called the city court of At-
lanta. For all practical purposes it is merely a branch of the superior
court of Fulton county, except that it has no jurisdiction over serious
crimes, nor matters of divorce, or equity cases, or suits involving the
title to land. So far as amount is concerned, its jurisdiction is un-
limited.
Then again there is another court in Fulton County called the
Criminal Court of Atlanta. It has jurisdiction over the less important
grades of crimes. There are City Courts in many counties but all of
them are created by special acts of the Legislature. In 1922 there
was a city court established in Decatur known as the City Court of
DeKalb County. The intention of these courts, generally, is to re-
lieve the pressure of work on the superior courts.
In a few counties in Georgia there are a series of new courts call-
ed Municipal Courts, that take the place of Justice's Courts, but
with much larger jurisdiction. It required a Constitutional amend-
ment to establish these courts because their establishment involved
the abolition of Justice's Courts in the territory assigned to them.
The municipal court of Atlanta has a jurisdiction as high as one
thousand dollars. The judges are appointed by the Governor on
recommendation of the Superior Court Judges. They are paid sal-
aries by the county but out of fees collected.
None of the above mentioned courts are in any way related to the
many police courts or Mayor's Courts. There is one of these in
every town in the state. They are concerned only with the laws made
by the city governments. In Atlanta this Court is called the Re-
corder's Court. Sometimes they are held by the Mayor of the town,
but in the larger cities a special judge is appointed. He is not
44 Studies in Citizenship foe Georgia Women
necessarily a lawyer and his salary is generally paid by the town or
city.
This leaves only the Appellate Courts to consider and with these
we must deal briefly. The Supreme Court of Georgia and the Court
of Appeals each consists of six justices. They sit solely to correct the
errors of the courts of original jurisdiction. Their powers are so
nearly the same as to make them practically the same court, though
the Supreme Court out-ranks the Court of Appeals and sometimes has
to correct errors of the latter. These Courts never hear any evidence
but pass upon cases solely on the record from the courts below.
The salaries of these judges is a matter deserving attention.
Twenty-five or thirty years ago the cost for all salaries in appellate
matters was nine thousand dollars ($9,000) a year. At the present
time the cost of salaries in the Appellate Courts is one hundred and
twenty thousand ($120,000) dollars a year. Such a tremendous in-
crease in this item ought to challenge the public interest.
This statement does not by any means necessarily imply that the
judges are too highly paid, but it is quite certain that, if all the
other expenses of government had increased at the same rate, the
expenses of government to day would be forty or fifty million dol-
lars annually instad of ten or twelve millions.
Without undertaking to point out why there has been so astound-
ing an increase, or what the remedy is, the writer ventures the opin-
ion that intelligent consideration of the question will result in greater
efficiency and less expense.
QUESTIONS
1—Explain the two-fold function of the Judicial department of
any government.
2—What provisions does the law make for the carrying out of
this function?
3—Explain the division of courts and the jurisdiction of each
division.
4—How is the Superior Court system worked? Explain the
the circuit arrangement.
5—How much jurisdiction has the superior court?
6—How are the judges of the superior court chosen?
7—What is a militia district? Who presides over it and what is
the extent of his jurisdiction in criminal and civil cases?
8—Who determines matters concerning the proof of wills, the
administration of estates and matters of succession? How
is he elected?
9—How are special courts created and what is their purpose?
10—What is the difference between municipal courts and police
courts?
11—Name the appellate courts and define their jurisdiction.
Studies in Citizenship for Georgia Women 45
Lesson IX.
TAXATION.
by James A. Hoixomon, Associate Editor The Coststitutoon
In any study of tax systems for a commonwealth the student must
differentiate between fundamental (or constitutional) and statutory
laws. The constitutional system is the supreme authority, written
into the constitution and sacredly guarded by its protecting influ-
ences, to the legislature, prescribing and limiting its acts in impos-
ing taxes for the administration of government in all its branches.
To change—repeal or amend—such a system requires first the sub-
mission of a constitutional bill to the people by a two-third vote of
the respective memberships of the two houses and of the general as-
sembly, and subsequently its acceptance by the qualified electors of
a state In a general election. This, in the wisdom of the fathers, was
a necessary safeguard against the intrigues of politics, so common
In legislative bodies—these intrigues being frequently directed
against some class or element, contrary to justice, and to the spirit
of the taxing system, which is to distribute taxes as equitably as prac-
ticable, among all citizens, and to restrict the levies to the fair de-
mands for necessary governmental services, honestly and economi-
cally administered.
The statutory system is made up of those laws governing the
procuring of revenues from all sources other than the constitutional
system's provisions, for the general state fund, or for special allow-
ances for special services, as the statutes themselves may provide and
direct. Such statutes may be repealed, amended or revised at each
session of the general assembly without ratification by the people.
The statutory tax laws cover the privilege or occupational taxes,
which charge a certain fee for conducting a certain business in a
certain locality, or practicing a certain profession, or engaging in a
certain line of soliciting, or other activities. They cover also taxes
on inheritances; on corporation; public utilities; capitation or poll
taxes; "turn-overs (such as the 3 1-2 cent a gallon taxes in Georgia
on the retail sales of gasoline, and the newly enacted 10 per cent
gross on the sales of cigars and cigarettes); automobile licenses, evi-
denced by the registry tag; and all other sources of income with a
state treasury, to be disbursed for administrative, or special pur-
poses.
46 Studies in Citizenship foe Georgia Women
THE BASIC SYSTEMS.
There are three pronounced basic systems for raisins; revenues
for a state's governmental purposes; namely; the ad valorem, or
property tax, which means levies against the assessed valuations of
all properties, real and personal, at a specified rate, or differientiated
rates.
Properties are classed as visible and invisible. Visible proper-
ties are real estate and improvements, and such personal holdings
as household furniture, live stock, automobiles, jewelry, farm uten-
sils and machinery, merchandise, and all visible properties that are
open to the eyes of the tax assessors. Such properties are also called
"tangibles. Invisible properties are such as notes, stocks, bonds,
capital, and all documentary evidences of wealth. Such properties
are also called "intangibles.
There are two methods of levying taxes on properties; one is at
a uniform rate, which applies the same tax rate to real estate as to
money or bonds—that is, the same rate on visibles and invisibles.
Georgia has such a method prescribed in the constitution, which
provides that the state rate shall be "uniform on all classes of
property, and that "it shall not exceed five mills"—which is a maxi-
mum limitation of one-half of one per cent
The other method is classification of properties, as for instance
cultivated lands in one class, unimproved rural lands in another, city-
improved and unimproved in others, money in another, stocks and
bonds in another, farm machinery in another, live stock in another,
personal in another, and so on, with different rates fixed for each
"class. This is regarded as fairer than the "uniform rate for the
reason that different properties have different earning capacities, and
some properties are given in, or assessed at a valuation less than par,
while other properties, as for instance "money, must by virtue of
par xchange value, be assessed at 100 cents on the dollar. Most
states have the ad valorem or property tax systems.
Another basic system, and one that is heard a great deal of at
present, is the "income tax, which may be applied to either net or
gross incomes. This means that every individual, corporation, or
firm, whatever may be the sources of incomes, must pay (over and
above the exemptions allowed by the laws on the machinery by which
a system may be enforced) a certain percentage, as provided on
every dollar of income—the individual's "net being the entire
income from all sources in excess of the personal exemptions allowed
a single man, or a married man with or without children, exemptions
being based upon the number of such dependents; and the corpora-
tion's or firm's "net being the gross profits of business, less costs
of operation—the net earnings. Incomes from stocks, bonds, in-
terests, rents, fees, commissions, salaries as well as from the opera-
tions of industry or business or farming, or what not, are included,
Studies in Citizenship for Georgia Women 47
and must be accounted for, in an income tax system. Rates are
based upon percentages and not upon millage as in valuations of
property.
Another basic system, not in general use in this county except as
"special taxes as provided in statutes, is the "sales tax, which
means a payment to the state of a certain percentage of the gross
cash and charge sales of every article and commodity, unless ex-
empted, that is turned over or transferred from one person or group
to another. This may apply to all articles of merchandise, raw and
manufactured production, and everything that is sold in all lines of
merchandising. Such taxes are transferred, of course, to the con-
sumers, as are most taxes in the final analysis; and the poor child
who buys a bag of candy is as much a tax payer in the real sense
as the man of wealth who buys a $5,000.00 automobile, or the ma-
terials for a $100,000 home.
SHOULD BE INVESTMENT.
There are certain fundamentals associated with taxation that
should be outstanding in the framing and administration of any of
the various employed and suggested systems.
One—and admittedly the most important—is, that taxes should
be investments on the part of the taxpayers and not burdens; and
that the dividends, in service, should be so remunerative that the
taxpayers will not only feel justified in paying any reasonable levies,
but will meet them with a spirit of private co-operation and co-ordi-
nation with governmental activities that will tend toward greater
material and stronger bonds of community democracy.
Somebody has said, and very aptly—
"Taxation is not a power to be exercised to exploit the people,
as was done by the over-lords in feudal times, but a mutual obligation
of the people to meet the rightful demands of the commonwealth for
the prosperity and happiness of all. The powers should be applied
with extremest caution that no injustice be done and that it do not
cripple commerce, nor impede industry, nor lessen employment, nor
needlessly burden.
Taxation must be fair, and to be fair it must be equitably dis-
tributed.
It should not exceed in the aggregate the legitimate progressive
demands of a government, federal, state, county, municipal; but it
should provide ample revenues for these respective governmental
functionings, so that the benefits that revert back to the taxpayer—
the proper upkeep and maintenance of institutions, the adequacy of
education, the maintenance of public health, the construction of
highways, the administration of public services, the protection of si-
ciety, the safeguarding of the home, the promotion of law and order
—shall not be abridged by reason of the inadequacy of funds.
48 Studies in Citizenship for Georgia Women
Governmental activities can be conducted only by taxing those
individuals and interests who live and conduct business, enjoy the
protection of law, and benefit by the privilege of citizenship under
the sheltering wing of inter-allied governments.
Enemies of the ad valorem or property tax system have declared
that this has thrown the burden of taxation upon the farmer, whose
lands are visible, and unwittingly given immunity to a brace of tax
liars whose securities are invisible. That is true not only as applied
to farmers, but all land owners in far too many instances. It is true
in Georgia, where the ad valorem system has fallen down, due, how-
ever, not so much as to the system in general, as to the uniform rate,
which is unfair and unjust, and to that extent is inefficient, and a
failure in reading intangible properties.
Even then it must not be overlooked that the welfare of the
farmer does not lie in stagnating manufactures; it lies in promoting
them. It does not lie in stifling public utilities, but in promoting
them. It does not lie in taking' away the incentive for business, but
in promoting that incentive. The highest aim of statecraft should
be equality of distribution of the burdens of the government as well
as equality of distribution of the benefits of the government.
That applies to all—rich and poor, black and white, farmer and
mechanic, banker and baker, employer and employee.
The greatest problem in Georgia today is the raising of sufficint
revenue to meet the demands of the state administration, and to pro-
vide adequately for the support and maintenance of her sovereign
and higher educational institutions, and her elementary schools.
In order to provide sufficient revenue it has been generally be-
lieved that taxes will have to be increased.
That is entirely a mistake. To make such a statement is simply
an evidence of ignorance as to all the proven rules of scientific
taxation.
Instead of making heavier the tax burdens upon the people, al-
ready too heavy, it is possible to reduce them and at the same time
to very materially increase the gross of the state's annual income.
The answer to how this can be done is contained in the' one word,
"distribution.
In other words, there are thousands of people in Georgia who are
enjoying the full benefits of the sovereignty, who are absolutely
immune, under the present Georgia laws, from taxation, except pos-
sibly the capitalization taxes. There are 900,000 adults in Georgia's
population of 3,000,000 who do not pay the state any property or
or capitation tax, and 500,000 payers of property taxes who do not
pay capitation taxes.
There are tens of thousands who are paying less taxes than the
letter or the spirit of the laws require; and there are still tens of
thousands of others who are paying more taxes than they should be
Studies in Citizenship for Georgia Women 49
required to pay on a fair basis of equalization, or in pursuance of
any modern system of tax distribution, if Georgia had such a modern
system.
It is very easy to see that where the rate of taxation is the same
on different classes of property, the taxable values of which can run
the gauntlet, practically, of the full one hundred cents in the dollar,
the average taxpayer is not going to uncover the "intangibles; and
in a great many instances will hide with equal viligance the more
visible personal properties. Particularly will the intangibles be in-
creased on such unfair basis when the same intangibles are also sub-
ject to county and municipal assessments at open-door rates, ad
libitum.
Now, as to the thousands of citizens of Georgia who are today
immune from taxes, and by this is meant those citizens who have
large earnings but who own no properties, real or personal, in Geor-
gia, these can only be reached by a graduated levy on net incomes.
The citizens referred to are not tax dodgers. They do not pay
taxes because they have no legal opportunity to do so. They are
salaried men, or men whose incomes are based upon commissions or
fees; and, though patrons of the schools and beneficiaries of all the
advantages of a state government, as non-property holders, there
are at present no angles to the tax laws that will reach them. It
is not their fault. It is the fault of the system.
Where the property tax is supplemented by a net income tax,
property should be absolved from double taxation, and the exemption
should be sufficiently large as to work no hardship upon the wage
earner. With such a co-ordinated system the rates should be re-
duced—ad valorem and income—to the lowest possible minimum.
RATES AND SYSTEMS
Florida has the ad valorem system and differentiates the levy;
that is to say, so many mills for this purpose, and so many for that,
and so on. The total amounts to 10 3-4 mills.
Louisiana imposes a total of 5 1-4 mills for all state purposes,
also segragated, and is supposed to assess property at full value, by
statute, but does not do so—actual percentage being around 60 per
cent of "fair cash value. Her ad valorem state rate, therefore, is
at least 25 per cent greater than Georgia's.
Lousisiana raises nearly three times the revenue that is raised in
Georgia, but has the advantage of a severance tax that Georgia can-
not impose, and also raises more from her inheritance and corporate
franchise taxes.
Mississippi's ad valorem rate is 9 mills, and her basis of assessment
has been, within the last year, statutorily placed at "full value.
She is imposing the millage this year, however, on practically an
actual 40 per cent average of full values, gradually working up to
•50 Studies in Citizenship for Georgia Women
the new law by equalization, and without radical steps. When the
full value is imposed she proposes to drop her rate accordingly. Mis-
sissippi's state property taxes, therefore, are almost, if not indeed,,
double the Georgia rate, on a basis of Georgia's assessed values.
Tennessee imposes a 2.60 mill rate on actual cash values. This
is segregated as in most of the other states, the dividing in the gross
rate into specific funds for specific purposes having been found more
satisfactory to the taxpayer, and less subject to political maneuvering-
in the legislature.
Tennessee's state tax rate, therefore, is slightly heavier than
Georgia, figuring the assessed valuations.
In passing, let me say that Tennessee has a "sliding scale rate
fixed by law. As assessment totals increase, the rate must auto-
matically decrease, and so on.
Alabama's state rate totals 6 1-4 mills on supposedly 60 per cent
valuations, but like Georgia, Alabama does not live to the law, and
the average is around 40 per cent, or about the same as in Georgia.
Alabama's state rate, therefore, is about 12 1-2 cents on the $100 of
assessed value greater than Georgia's. Alabama segregates; and her
annual income into the treasury is around $2,000,000 greater than
Georgia's.
South Carolina has a state rate that totals 12 mills on a statutory
42 per cent valuation. The average is actually under 30 per cent,
and the Palmetto state, therefore, imposes a state property tax,
which is 85 per cent of her entire state income of practically double
that of Georgia.
North Carolina, under a rigid revaluation act, carrying the
property to the tax books at full value, in 1919 reduced her old
rate of 14 1-2 mills to 4.98 mills, and through the bringing of in-
tangibles to the books by strong, teethy legislation, and the imposing
of a mild income tax on salaries, fees and commissions, with the Fed-
eral law exemptions, entirely dropped the property levy in 1920 and
1921. This was done by distributing the burdens of taxation.
Virginia has also solved the problem of distribution of taxes, and
by bringing the intangibles to the surface, stiffening her inheritance
tax laws, and imposing a mild graduated net income tax, has found
it possible to reduce the tax on real estate to 2 1-2 mills, on a basis
of 30 per cent average valuation—or less than half the rate in Geor-
gia. That tax is imposed for schools, roads and health—there being
no property tax for the general fund.
Virginia's total income is practically double that of Georgia.
It will be observed that the Georgia state rate is low as compared
to other Southern states adhering to the ad valorem system, but the
maximum rate is fixed by the constitution.
And yet while the Georgia property rate is low as compared to
other states, the fact is indisputable that the Georgian who does not
Studies in Citizenship for Georgia Women
51
escape taxation through the inequitable system pays as a rule more
taxes than does the citizen of like property wealth and income in
another state that has a far greater gross annual revenue, and is
thereby permitted to take better care of her institutions, and shov
a greater degree of commonwealth progressiveness. This is obvious
to any student of taxation.
Thousands of people of Georgia are tax-ridden, while other thou-
sands, so far as the state taxes are concerned, are tax dodgers and
tax immune.
What is the cause? A faulty, leaky, thoroughly outlawed sys-
tern, born in carpet-bagism, and kept in force, through lack of fore-
sight and business judgment, and through prejudices and passions
fanned by radicals and demagog politicians.
Georgia's present system of taxation was first made a part of
our fundamental law by the constitutional convention of 1867, which
was held under the military rule in the Bulloch regime.
In the constitution of 1867 it is thus set out—
"And taxation on property shall be ad valorem only, and uniform
on all species of property.
The constitution of 1877 contains different phraseology on this
subject. It reads thus, in paragraph 1, section 2, article 7:
"All taxation shall be uniform upon the same class of subjects,
and ad valorem on all property subject to be taxed within the terri-
torial limits of the authority levying the tax.
Our supreme court has held, in substance, that the legal effect
is the same in both instruments and we are therefore required to
tax all property at the same rate, whether it returns much, little or
no income, so long as the constitution remains as it is.
REMEDY FOR GEORGIA.
What is the remedy for Georgia's present deplorable condition of
state finances?
Under such circumstances always the most appealing remedy is
justified economy. And by that is meant economy that is real and
not fallacious, and that is wise and not beggarly. The legislature
should start with itself, cut out its annual joy ride and confine itself
to a biennial session for business only, and not for promoting indi-
vidual political booms with a capital full of "patronage.
Another is greatly reduced property tax rate levy, properly classi-
fied as to different kinds of properties.
This may sound paradoxical—reduced taxes for increased gross
income. But it is an established rule in economies, and proven by
the last income tax returns to the federal government.
If Georgia should classify her properties on the digests so that
there would be no inequalities, and no flagrant abuses of the sup-
posed equities of taxation, as at present, the intangible properties
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Studies in Citizenship for Georgia Women
could be brought out from their hiding places, provided the rate
for par valuation should be nominal, and moneys and credit paper
should be automatically exempt from county and municipal taxation.
They can never be reached so long as the state rate on money or
credit paper is five mills at par valuation, while a far more profitable
income property has the same five-mill rate on 10 or 20 per cent of
merchantable valuation.
Injustices create revolt, and revolt breeds revolution.
Kentucky taxes real estate at $4 per $1,000, and money and
live stock at $1 per $1,000; and money and live stock are exempted
from all local taxes. Real estate is subject to municipal, county and
school taxes as in Georgia.
Kentucky taxes stocks and bonds, farm implements, manufactur-
ing machinery and raw materials at the plants at $4 per $1,000, and
exempts them from all county, school and municipal taxes.
INTANGIBLES HIDDEN.
Georgia taxes them at $5 per $1,000 for the state and they are
subject to city, county and school taxes.
In Atlanta the taxes on $1,000 of bonds paying 5 per cent or 6
per cent would be—
Nobody is going to pay $30 tax on an investment which returns
$50 or $60 or on money in a savings bank which is paying $35 a
year on $1,000.
Georgia's tax law so far as it relates to intangibles is a dead
letter.
Very few would dodge a tax of $1 on $1,000 of money or $2 to
$5 on an investment which returned $50 to $70 per $1,000, but they
will not pay $30 or more.
With a low rate intangibles will be returned—but only when the
law provides against retroaction. That is to say, the taxpayer must
not be penalized for the years his securities were hidden.
A classification plan which will relieve intangibles of local taxes
is growing in favor over the state. As it is, practically no revenues
from intangibles are derived by counties from the present flat rate
and by the local exemptions the state will be able to uncover them
by classification.
Let me again emphasize that reducing tax burdens and making
of taxation an investment instead of a burden is the most important
thing before the people today; and in Georgia the distribution must
be so shaped, in fairness and justice to all, that the state's revenue
City tax
County tax
State tax _
$15.00
10.00
. 5.00
Total
$30.00
Studies in Citizenship for Georgia Women 53
may be increased through the legitimate taxation of those who are
today either legally immune, or are escaping taxation.
This can be done by a moderate income tax graduated in rates,
with such exemptions as not to impose burdens upon any one, and
this only with the provision that there shall be no double taxation—
that is to say, owners of income properties shall not pay taxes both
upon the properties and the income from the properties, and so on.
The suggestion for this nominal net income tax as an auxiliary
to a classified property tax with greatly reduced rates is to reach
that class of Georgians who own no properties but whose salaries or
fees, or commission incomes, are sufficiently large that they should
not escape taxation as required of other citizens.
As stated before, these people as a rule want to pay taxes. They
are among the state's best citizens, and enjoy the benefits of the
state and local governments. They do not pay taxes because there
is no legal channel now through which they can pay taxes. There-
fore, any income tax law in Georgia should be framed in conjunction
with a classified property tax, and the whole co-ordinated so that
the general taxes shall be lowered instead of increased, and by the
same token the. state get an increased annual revenue.
It would be jumping from the frying pan into the fire to abandon
altogether the ad valorem tax and substitute an income tax as the
primary system. There would be even greater injustices than there
are today. Hundreds of thousands of acres of Georgia lands are
held by Eastern and Central Western and even foreign ownerships.
To say these lands, most of which are held for speculation, shall be
tax immune, is unthinkable.
The boll weevil has produced an economic condition among farm-
ers whereby hundreds of farms today are passing into outside-state
speculative ownerships. To say these new owners of these farms
shall escape taxation is unreasonable. Income taxes where wholly
relied upon, create inequalities that are distressing, and will sooner
or later break the system down. They also penalize thrift and throttle
big industrial development.
But by making the exemptions very large and the rate on net
incomes graduated, increasing gradually as the income increases
above the exemptions, absolving all properties or incomes from
properties from the double taxation, one class of Georgians can be
reached that now escapes, through no fault other than the system
which excuses them from taxation.
The maximum real estate rate in Georgia should not be over two
mills for the state, and the counties should be limited in segregated
totals to a uniform maximum. This should be in conjunction with a
thorough system of revaluations.
Property for state taxes should be classified so that moneys and
prima facia par valuations should be taxed not over one mill.
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Studies in Citizenship for Georgia Women
Then supplement with the nominal net and graduated income
tax to reach the citizens of large incomes who are propertyless, or
who have invested in tax exempts, an inviting hiding place always
for surplus moneys, and with a teethy tax administration, not de-
stroyed by beggarly restrictions, the tax situation in Georgia will
be solved.
The tax "burdens in Georgia are caused by the unrestricted
local rates, and no workable system adopted by the state should omit
a statutory restriction of county and municipal rates, for whatever
system may be adopted for the state the local taxes will always be
from an ad valorem, or property system, at a uniform rate.
The constitution of the state should not leave the bars down for
any double system, ^hat is both a property and an income tax. The
system that I have outlined as desirable contemplates the levying
of an income tax only upon those of large incomes who do not ap-
pear on the property digests. The provision of safeguards in the
constitution against a "plus system is most important.
QUESTIONS
1—What two systems of tax laws are there? Which has to be
ratified by the people?
2—What do the statutory tax laws cover?
3—What are the three basic systems for raising revenue for a
state? Explain.
4—What are the distinguishing terms applied to property? Give
examples of each.
5—How many methods of levying property taxes are there?
At what rate is property in Georgia taxed constitutionally?
6—Discuss the income tax system; special taxes; sales tax.
7—Who ultimately pays all taxes?
8—What does the author consider the fundamental idea of
taxation which tends toward greater material progress?
9—Under the present system what class of people pays the bulk
of the taxes and what class is practically immune?
10—What is the greatest problem in Georgia today?
11—What would be a co-ordinated system of taxes? What sys-
tern is conceded to get the best results? In what states has
this been demonstrated?
12—Discuss the author's idea as to the remedy for Georgia's
tax situation.
13—Compare Kentucky's laws with Georgia's. What is the great
difference?
14—How can "double taxation be avoided?
15—Does the author favor the abandonment of the ad valorem
tax? How does he suggest equalizing the income tax?
16—What is the real cause of the tax burdens in Georgia?
Studies in Citizenship for Georgia Women
55
Lesson X.
HOW THE STATE'S MILLIONS COME AND GO.
By H. L. Fueebright, Tax Commissioner
The revenues of the state of Georgia are derived from the gen-
eral property tax, which is supposed to be levied on all property, both
of public utilities and private citizens, at a uniform rate of five mills
maximum; from poll taxes of $1.00 upon each citizen of the state
between the ages of 21 and 60; from special license taxes on busi-
nesses, inspection fees and sales taxes on fuel oils; license taxes on
motor vehicles, inheritance taxes, and the rental of the Western and
Alabama Railroad.
The Comptroller-General of the state is the head of the tax de-
partment and all of the tax returns of public utility corporations are
made to that official and their taxes are paid direct to him.
Private property is returned in the county in which it is located
to the official known as the receiver of tax returns. The state's part
of the taxes on this class of property is collected by the county Tax
Collector along with the county's portion of -the taxes, then the
county tax collector makes settlement with the Comptroller-General
for the state's taxes.
In order to adjust as far as possible values as between the individ-
ual tax payers in the several counties, as well as between counties as
a whole, county boards of equalizers have been provided to review
the individual tax returns. The office of the State Tax Commissioner
has been created for the purpose of comparing values in the several
counties and bringing about equalization of values as far as can be
done. These are the officials connected with the State's taxes and
the administration of the state tax laws.
The special license taxes are, as a rule, collected by the tax col-
lector of the county and reported to the Comptroller-General, and
the same is true of inheritance taxes, except that the appraisement of
estates for the purpose of inheritance taxes is done either by the or-
dinary of the county or under his direction. In either event it is re_
viewed by the State Tax Commissioner.
The income for the State of Georgia for the year 1922, as re-
ceived by the State Treasurer, amounted to $12,295,133.48. This
aggregate sum is made up as follows:
56 Studies in Citizenship eok Georgia Women
Ad valorem taxes on property returned to the tax
receivers in the various counties of the state
amounting to $ 5,256,559.93
While the ad valorem taxes on public
utility properties amounted to 602,549.96
Making the total property tax for the year $ 5,859,109.89
Taxes from license fees, insurance compan-
ies, inspection of oils and fertilizers, sales
of gasoline, and occupation taxes, aggregate 3,174,705.00
Motor vehicles 1,831,274.69
Inheritance taxes 282,813.74
Poll taxes 344,155.54
Rental of the W. & A. R. R. 540,000.00
Sale of various classes of state property, in-
eluding refunding bonds, and rents from the
mansion property aggregated $ 263,074.62
DISBURSEMENTS.
There was paid out by the State Treasurer during the year 1922,
the following sums and for the following causes:
Highway Department $ 1,837,756.66
Common Schools 4,532,408.63
To the higher educational institutions 1,063,933.68
Vocational training and rehabilitation 43,934.79
To State Sanitarium for Insane 990,000.00
Public Debt 539,157.59
Refund of W. & A. Rental (discontinued) 540,000.00
Pension Fund 1,051,254.20
Agricultural Department of the State 340,585.91
Civil establishment, including salaries of 35
Superior Court judges and the 12 judges of
the courts of final resort and clerks, and
the various state departments 438,985.46
Pay-roll and incidental expenses of the legis-
lature and its committees 128,547.56
Military Department 49,885.10
Prison Department 107,500.00
Insurance for public buildings 108,975.62
State Board of Health 91,431.00
Academy for the Blind, School for Deaf &
Dumb, Sanitarium for Tubercular Patients,
and the State Institution for Feeble-minded 234,047.27
Printing Fund 82,773.99
Contingent fund for the Governor and va-
rius state departments 38,869.15
Fund for public buildings and grounds 41,352.35
Studies in Citizenship for Georgia Women 57
State Board of Public Welfare
Agricultural Experiment Stations at Griffin
and Tifton
Departmen of Archives and History
Department of Commerce and labor
Department of Public Printing
Department of Insurance
Department of Geology
Department Game and Fish
Library Commission, Legislative Reference
Bureau, and Library Funds
Fees for solicitor-general
Refund loss of school warrants
For printing Georgia Reports, refund of over-
payment of taxes, reward funds, and other
small items
Making the total amount paid out by the State
Treasurer for the year $12,471,062.82
State funds, after reaching the state treasurer, can only be paid
out by that official when appropriated by the General Assembly, and
it is one of the duties of the Comptroller-General of the state of
Georgia to audit all warrants issued by the executive on the State
Treasury and see that the appropriation has been made to the cause
for which said warrant is drawn and that such appropriation has not
been exhausted by previous warrants. In the absence of any state
auditing department, the Comptroller-General's office performs most
of the duties of a state auditor in so far as approving the warrants
drawn on the Treasury is concerned.
QUESTIONS
1—How are taxes levied?
2—What are the duties of the Comptroller-General, receiver of
tax returns, tax collector, county board of equalizers, and the
state tax commissioner?
3 Give the sources of income for the state of Georgia in 1922.
4—State for what purposes spent.
5 Who warrants appropriations for disbursements?
15,350.81
37,739.24
6,000.00
8,100.00
5,225.00
9,170.22
15,391.00
3,600.00
11,796.61
10,480.00
44,711.00
42,100.07
58 Studies in Citizenship foe Georgia Women
Lesson XI.
WHAT GEORGIA DOES FOR THE FARMERS.
by Hon. Martin V. Calvin
It occurred to the writer that the better caption to the article
would be—"What the farmers do for the state. This view of the
case will be presented, in its proper place, later.
The State's Educational Appropriations, 1922- '23—
For State College of Agriculture $ 80,000
The State College (Smith-Lever act) 100,000
The State College extension work 35,000
The State College Farmers Institutes 2,250
The 12 Congressional District Schools
of Agriculture 180,000
The North Georgia Agricultural College 27,000
$424,250
Through Department of Agriculture r
Maintenance and salaries $ 25,500
Bureau of Markets-maintenance and
salary of Director 103,000
Department Chemistry-maintenance
and salaries 18,500
Pure food-drugs 10,000
Office Veterinarian: Protection against
ticks, cholera, etc; and for salary 42,500
Department Entomology, maintenance etc.,
and salary 73,000
Oil Inspection and salaries 5,100 277,600
$701,850
If one brings oneself to study the above, from an angle which
may be designated as the true point of view, that is to say, the re-
suits which the appropriations develop educationally and otherwise—
the immense benefits and the pecuniary value thereof, one will doubt-
less declare that the great state of Georgia would be practicing true
economy if she would double the total appropriations, and that, too,
without un-necessary delay.
Studies in Citizenship for Georgia Women 59
{
WHO CONSTITUTE THE STATE.
One can not fully comprehend the gist of the subject under con-
sideration unless one first informs oneself as to the rural compared
with the urban population of the state.
It is a fact, that of the 2,895,832 people in this state, 2,167,973
or 74.8 per cent are in the rural districts; that, of the total white
population, 1,689,114, 73.8 per cent or 1,234,512 are ruralists.
Do you know that there are four economic items, distinctively
rural, which represented, in 1922, 42.6 per cent of the total value
of Georgia property on the digest?
The values given are based on "farm prices which are consider-
ably lower that the true prices i. e., those paid for farm products and
for live stock by the ultimate purchasers or consumers, as we fre-
quently say.
Here are the items:
Value of improved land at $9.16 an acre $303,914,000
Value house-hold and kitchen furniture 36,405,809
Value farm implements and machinery 9,109,113
Value live stock on farms—horses, mules, milch
cows, beef cattle, swine, etc. 87,685,000
$437,113,922
Note the fact that crop values have no place in that group.
Urbanites, in every walk of life, should have, and religiously live
up to this motto: "CULTIVATE THE COUNTRY PEOPLE.
If one should undertake to tell in detail a story of the activities
of the Department of Agriculture, particularly during the six years
last past, one would write a booklet of many pages. The work of
the Bureau of Markets is so quietly accomplished that it is not
known to the people at large. The practical protection against hog
cholera, and the almost complete elimination of the cattle tick is a
part of the great work done by the Office of Veterinary. The un-
relenting war waged against the boll weevil by the Department of
Entomology has resulted most encouragingly, but it is a war to
the death, and the weevil has, as it were, the traditional nine lives
of an un-neighborly cat. But the weevil will be defeated and ex=
terminated. The destruction of the weevil is pre-eminently the result
which must be accomjilished regardless of cost.
Reference to the bureau of the Department of Agriculture would
be out of place if the out-standing work of bringing producer and
buyer face to face, in the matter of bargaining, sale and purchase,
by the publication each week of thousands of copies of the Market
Bulletin were not specifically cited.
The foregoing remarks relate to well considered service rendered
to farmers throughout the state by the Department of Agriculture
through its well organized and admirably conducted branches.
60 Studies in Citizenship for Georgia Women
QUESTIONS
1—What are the state's annual educational appropriations for
the special benefit of the farmers?
2—What does the state appropriate directly through the depart*
ment of agriculture?
3—Do you consider that Georgia is generous or otherwise to the
farmers?
4—Give the proportion of ruralites in Georgia.
5—What is the estimated value of farm lands, live stock, farm-
ing implements and household furniture exclusive of "crops' ?
6—Does the writer consider the Bureau of Markets valuable to
the farmers?
7—Mention some of the various phases of protective work of the
Department of Agriculture.
8—What is the name of the weekly publication of the Depart-
ment?
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61
Lesson XII.
OUR PUBLIC SCHOOLS.
by Nathaniel Harbison Ballard, State School Superintendent
A series of regional conferences on public education have been
held in different parts of the state during the month of September.
These conferences were called by the State Department of Educa-
tion preliminary to the survey of Georgia s public school system
which will be made by the state school supervisors, assisted by local
superintendents, teachers, school board members, and trustees.
This survey will cover the entire field of school endeavor, includ-
ing buildings and equipment; preparation and training of teachers,
as well as maximum and minimum salary paid; school census, en-
rollment, and average attendance; reasons for non-attendance; the
method of financing schools and present balance or deficit. In fact,
by this survey we hope to learn the real truth about our schools,
especially the rural schools. The information gained will form the
basis for future recommendations and legislation.
The state of Georgia leads all other states in the per capita ap-
propriations from her treasury to her common schools; also, a greater
percentage of her revenue is devoted to her common schools. In-
deed, the state legislature has been lavish in appropriations to the
common schools. Yet, in educational attainments and accomplish-
ments, when compared to other states, we find ourselves at the foot
of the list—one state alone competing with us for this unenviable
position.
In 1922 there were 202,000 children in the first grades of the
state. The city and well-organized town systems are promoting from
50 to 70 per cent, of the children from the first grade, but in the
rural schools (which hold more than 70 per cent, of Georgia's child-
ren) it takes an average of three years for a child to complete the
first grade. Moreover, the average educational attainment of the
rural child is less than the third grade.
The state supervisors tell us that there are 2,000 teachers in our
rural schools who are untrained and inexperienced. This year the
Legislature set aside $20,000 to be used for Teacher's Institutes in
different parts of the state. These institutions will not in any way
compete with those schools already organized at Athens, Milledge-
ville, Valdosta and other cities. Teachers will be encouraged to at-
tend these schools of the University System if possible. These Teach-
er's Institutes will take care of a pressing emergency. Our Normal
Schools are crowded to the limit, yet they are supplying to the
schools only 500 teachers a year. The vacancies each year are more
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than 3,000, and the majority of these vacancies are filled by inexperi-
enced and untrained teachers, many of whom do not have even the
subject matter of a common school education.
Whether we wish it or not, more than 2,000 untrained and inex-
perienced teachers will teach our rural schools for the coming year.
These Institutes will be organized for the immediate training of these
teachers. They will be located in places that offer the least expense
to the teachers, for the teachers who will attend receive only a pit-
tance of salary and are unable to pay any great amount.
These schools will be intensely practical, and we hope to obtain
the best primary teachers in America to teach them. Around each
school will be organized a temporary school of twenty or thirty
children so that the untrained, inexperienced teacher will observe
just how the master teacher would organize a school; how she ar-
ranges her program; how she handles children just entering school, so
that in a short time as these young teachers go to schools similarly
situated, they may be able to handle the situation.
In a recent decision the Supreme Court (in the case of Hanks vs.
D'Arcy from Floyd County) has laid down a very broad principle
that the Legislature has the right to authorize counties to make a
levy for educational purposes. If this decision had been made forty
years ago the entire educational history of the state would have been
different. Indeed, the Elders-Carswell Constitutional amendment of
1920 would have been unnecessary. It might be well to explain that
this does not give counties the right to levy taxes for schools, but
the Legislature can do the same for schools.
To build a school system for Georgia we could use the Elders-
Carswell amendment, as well as the court decision in the above cited
case, as the cornerstone upon which to build. First* establish a
standard state school—such a school as will be maintained all over
the state, and every child will have access to one. For example, let
this be an eight months school, taught by first-grade licensed teach-
ers, who must be paid living wages. For the support of such a
school let the. legislature authorize and direct every county in the
state to levy a tax of, say, six mills. Such a tax levied in Fulton
County would support the standard school above outlined, yet, at
the same time, would not forbid in any way Fulton County from ex-
tending her school term,, employing a higher grade of teachers and
giving better supervision than that attempted by the standard schools
of the state.
Yet, if this same tax levy were made in Dawson County—rich
only in the number of her children—it would support the schools for
more than five months. The state's appropriation should be used to
bring Dawson's opportunities up to those of Fulton by maintaining
an eight months school accessible to every child.
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63
DIVISION OF APPROPRIATION.
We must take into consideration the fact that however willing
the state may be to increase her appropriation to common schools,
the limit has almost been reached. With the demand for pensioners
and other pressing obligations, it will be impossible within the next
few years for the state to increase her school appropriation mater-
ially. Presuming that the state can give $6,000,000, and perhaps she
ought to give that much and no more, let us divide this into three
equal parts and distribute the first $2,000,000 to the counties on the
basis of their school population, or, better still, their school at-
tendance.
The second $2,000,000 would be used as an equalizing fund for
the poorer counties as outlined above and make equal educational
opportunities for every child in the state.
The last $2,000,000 could be used for several purposes. First,
under the Barrett-Rogers Act, to encourage consolidation of schools
and increased efficiency in high schools—especially in rural high
schools. This has meant much to Georgias' schools and in the last
two years $2,000,000 has been spent by the people of the state for
buildings and equipment. Also, a part of this last third of the
$6,000,000 should be set aside as a building fund to aid poorer com-
munities in building standard school buildings. There are communi-
ties in Georgia, far away from the railroad, that are taxing them-
selves to the limit, making sacrifices that are heroic. If the richer
communities in the state would make equal sacrifices, they could
build their schoolhouses of marble and furnish them like unto palaces.
QUESTIONS
1—In what respect does Georgia, lead all other states?
2—In what respect is Georgia at the foot of the list?
3—How many children were there in the first grades in 1922?
4—What per cent in the cities and towns were promoted?
5—What per cent of school children are in the rural schools;
how long does the average rural child remain in the first
grade?
6—What is the average educational attainment of the rural
child?
7—Name some of the things which hold back the rural schools.
8—What recent decision of the Supreme Court should have been
acted upon forty years ago?
9, Name some of the things which should be done at once to
build the proper school system for Georgia.
10—Is it likely that Georgia can or will increase her school ap-
propriation ?
XI How should the $6,000,000 school fund be divided in order
to get the best results?
64 Studies in Citizenship for Georgia Women
Lesson XIII.
COUNTIES AND COUNTY GOVERNMENT.
by Hon. Hooper Alexander
Counties in Georgia, and generally throughout the United States,
are very different from counties in England. This is a fact not fully
appreciated by the public, and not always by the lawyers themselves.
In England a county is, or was at the time of the founding of
Georgia, a mere territorial district without any governmental func-
tions. It was not a governmental organization In Georgia a county
is a governmental unit with extensive functions to discharge, differ-
ing very little from a town or city in principle, exercising many gov-
ernmental powers and enjoying, by authority of the state, a consid-
erable measure of local self-government. This change has come
about through a process of legal evolution.
During colonial days Georgia was divided up, or at least the set-
tied parts of the state were divided up into twelve parishes, which
were part of and intimately woven in with the established church
of England, or with that branch of it that was located in Georgia.
At the time of the Revolution the people of the state organized
themselves into a government and formed for themselves a consti-
tution.
At that time the twelve parishes, like the English parishes, had
some inchoate governmental powers, and were undeveloped govern-
mental organisms. Their principal duties and authority were in
connection with providing revenues for the church. When the rev-
olutionary government of Georgia was established, the parishes were
called counties, and carried with them their parish functions, except
that they were no longer part of the eccleciastical establishment.
The counties thus formed were nearly all named for English states-
men who were favorable to the cause of the colonies. They were
Wilkes, Richmond, Burke, Effingham, Chatham, Liberty, Glynn, and
Camden, eight in number, some of the parishes being for this pur-
pose consolidated
In 1785 a large tract of land was acquired from the Indians and
laid off into two more counties, called Washington and Franklin.
These were afterwards cut up into a number of other counties. As
other tracts were acquired from the Indians, still other counties were
organized.
For 75 years, or more, the counties continued to be divided and
frequently the lines between them were changed. These things
really came to be regarded as a public evil, and when the present
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65
constitution was framed in 1877, it forbade the legislature to make
any more new counties or change the lines of those that existed.
Down to 1877 the counties were not recognized as corporations
at all. Their government was, at different times, entrusted to dif-
ferent officers, and in so far as they were recognized as entities at
all, it was these officers and not the county itself that was recog-
nized. Gradually it came about that the form of government dif-
fered in the different counties, and this brought about another con-
fusion which the constitution of 1877 undertook to correct. At that
time the affairs of the county were most frequently in the hands of
a judicial officer called the ordinary, whose functions as county of-
ficer were executive and not judicial.
The constitution of 1877 contained a full chapter or article on
the subject of counties, and made a number of provisions that were
intended to correct certain evils and inconveniences that experience
had made apparent.
One of these was a provision that thereafter the counties should
be corporations. This was intended to transfer the legal existence
of the county, as an entity, from the governing body to the county
itself. The logical result of this Was to put the counties legally on
the same basis as towns and Cities.
Another provision prohibited the making of any more counties
by the legislature. At that time there were 137 counties and this
number continued until 1906. In 1904 the constitution was so
amended as to authorize the legislature to create eight new counties,
and in 1906 the legislature availed itself of this permission. Since
that time fifteen other counties have been created, not by the legSs-
lature, but by constitutional amendments, directly by vote of the
people. This makes a total of 150 Counties. In addition to these,
the legislature proposed an amendment for the creation of Peach
County, around the town of Port Valley, and this amendment was
voted on in November, 1922. The official report of this election
was to the effect that it was rejected, though it is Understood
that the people of the territory affected claim otherwise, and are
Still making an effort to have the question decided otherwise.
The same constitution prohibited any more changing of county
lines by the legislature and provided that the legislature should not
again change the county seat of'any county, exeept after the vote
of two-thirds of the county had consented, affd dtwas approved by
two-thirds of the legislature. A number of yours ago two-thirds
Of the voters at an election in DeKalb county voted to change the
county seat from Decatur to Stone Mountain, but the legislature
failed to ratify the change. In 1922 two-thirds of the people of
Calhoun county voted to change the county seat from Morgan to
Arlington. The legislature of 1923, by a two-thirds vote, ratified
the change, and it has now gone into effect
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The constitution also requires that the county officers shall be
elected by vote of the people of the county. This includes the sheriff,
the clerk of the Superior court, the tax receiver, the tax collector, the
treasurer (when they have one), the ordinary, and such officer or
officers as manage the county affairs.
It was also provided that whatever tribunal or officers might be
designated by the legislature to transact the county business, should
be uniform throughout the state. As first proposed, this meant the
ordinary, though it left that to the legislature, intending only that
a uniform system should be adopted. It would, no doubt, have
been better to adhere to this principle of uniformity. By an amend-
ment, however, engrafted on the provision by the constitution itself,
the legislature was permitted to provide for the appointment of
county commissioners in any county, thus leaving it possible to have
an ordinary in some counties to handle county business, and a board
of commissioners in others. This limit of variety has been further
enlarged by a judicial decision that one commissioner may be pro-
vided.
In consequence of this leave to vary the system, a most unfortu-
nate condition has come about in the way of constant changes in the
same county. Thus, in DeKalb county, from 1877 until 1886, the
affairs of the county were administered by the ordinary. In 1886
the people of the county demanded a change, and the legislature
gave them a board of five commissioners. In 1880 they were dis-
satisfied with the metkod of choosing their commissioners, and the
legislature provided a different system. In 1881 they made another
change for like reason In 1886 the legislature, at the instance of
the representatives from DeKalb, abolished the board altogether and
put the business back in the hands of the ordinary. In 1802, in like
manner, the legislature took the business away from the ordinary and
created another Board of Commissioners. In 1806 they abolished
this board and provided for a single commissioner.
This experience is typical of many counties. The vacillation of
purpose thus prohibited results by causing the legislature every
year to devote much time and many pages of laws to changes in
some one or more counties. Apparently it rests upon the face of a
prevailing and erroneous opinion always persisting in the public
mind that the people can escape the consequences of their own ne-
gleet or indifference in choosing public officials, by merely changing
their form of government, or calling their officials by a different
name. Their error is commented on by Aesop in his fables of King
Log and King Stork, and was illustrated in scripture when the peo-
pie of Israel, over the warning protest of Samuel, insisted on having
a King.
Changes in the form of government or the names of officials can
not improve government. Every people get just as good a government
Studies in Citizenship for Georgia Women
67
as they deserve. If they use diligence and care at the ballot box
they will be well governed. How long it will take for them to learn
this lesson nobody can tell, but they have not learned it yet.
Whatever be the name of the governing officer in a county, the
powers are defined by the law of the state, and must be exercised
as there pointed out It has been said that counties have no legis-
lative authority. This is true in the sense that they can not legislate
as between individuals nor enact crimes, as cities can. But they
•do exercise considerable legislative authority. They determine what
their own property taxes shall be, what road they shall build or re-
pair, what changes or repairs shall be made on public buildings and
bridges, what extent of provision they shall make for the poor, and
a number of other less important matters. In doing these things
the legislative and executive functions are vested in the same per-
sons. All their duties however, even in these matters, must be per-
formed in obedience to laws enacted directly by the state legislature,
and according to methods pointed out by that body. They can not
levy any special taxes as cities do.
A county government is really an agency of the state, though
elected by the people of the county, and confining its functions to
its own territory. Its duties extend in a limited measure to the terri-
tory of any town or city included within its boundaries. The people
of such a town or city must pay taxes to the county as well as to
the city, and the county government should spend some equitable
part of its revenues on the city streets. The county government
alone, however, may determine what streets it will work on, though
generally the city government is informally consulted on the subject.
On the other hand, the city alone controls the street, even though
the county built it before the city was incorporated In this re-
■spect it should be borne in mind that the county roads and city
streets alike belong to the state, and not to the county or city either.
The control of either over its roadways extends only as far as the
state permits, and the state may alter or withdraw the power of
either at pleasure.
In a sense a county is an officer of the state, and must conform
to the state's laws exactly as any other officer must do. A county
has no judicial powers at all. All the so-called county officers are
really officers of the state and not of the county at all, except the
treasurer and the ordinary or board of commissioners, as the
case may be. The tax officers, the clerk and the sheriff are indeed
chosen by the people as state officers and to discharge duties laid on
them by the state laws. The treasurer handles county funds only,
and is strictly a county officer The ordinary or commissioners are
officers both of the state and the county. Their legislative functions
are discharged for, and in the name of the county, but by authority
of the legislature and in conformity to its acts.
68 Studies in Citizenship for Georgia Women
However strange it may seem to say so, a county in Georgia is
merely a municipal corporation, just as a city is, but with some
what less extensive or complicated authority.
QUESTIONS
1—How do counties in the United States differ from English
counties?
2—Trace the evolution of the county in Georgia.
3—Discuss the provisions of the constitution of 1877 with regard
to counties. What confusion did it undertake to correct?
4—What is the present legal basis of a county?
5—How may a county seat be changed under the present con-
stitution? Cite instances.
6—How must county officers be elected? Are the county officers
uniform throughout the state?
7—Discuss the results of the "leave to vary the uniform sys-
tern.
8—How and by whom are the powers of county officers defined?
9—Explain the relationship between the county and the state;
the county and the city.
Studies in Citizenship for Georgia Women 69
Lesson XIV.
CITIES AND CITY GOVERNMENT.
by Hon. Hooper Alexander
Although our law recognizes a nominal difference between cities,
towns and villages, there is no difference between them in principle.
Few urban communities are content to be called villages, and many
towns, ambitious to be thought metropolitan, insist on being de-
nominated cities. They will all be dealt with here as municipal cor-
porations in the sense in which that term is generally understood.
They exist as self governing communities in virtue solely of the
state's will as expressed by the legislature. Their powers and au-
thority are just such as the state chooses to grant them and no more.
Their raison d'etre lies in the fact that wherever the population of a
given territory becomes more dense than elsewhere, a greater need
exists for rules and laws for promoting the public health, safety, and
convenience, and the people desire facilities and comforts which
more scattered populations have no practicable resources for provid-
ing. In all such cases it is customary for the legislature, by local
laws, to grant them authority to do such things as they desire to do
for their own needs, provided they do them at their own expense and
without interfering with persons inside their limits.
Every town in the state operates under such a law, enacted solely
for it, and the provisions of these several laws, or charters as they
are called, vary No two of them are the same, though there is of
course a great similarity in their general framework. Speaking
generally, the larger the community, the more extensive will be the
powers granted it. Indeed, in many of the cities the charter permits
the doing of many things by the local government, which the state
would not think of exercising itself.
Thus, in Atlanta, for instance, the local government may deter-
mine that a particular street shall be paved, partly for the general
good and partly for the particular benefit of those owning property
on it. For such cases the state authorizes the city government to
order or have the work done and assess a part of the cost to the
abutting owners. The details of how the cost shall be apportioned
is generally regulated by the state's own law, but the city deter-
mines all details and may even sell the property of a recalcitrant
abutter by summary process to compel payment. The state could
do this, if it saw fit, for the improvement of county roads, but it never
has, and probably never will.
In like manner and for like reasons, cities are permitted to do
many things for the promotion of their own welfare. They may
70 Studies in Citizenship for Georgia Women
build sewers, water works, and other structures and operate them,
collect up garbage and haul it away and dispose of it and do many
things which are not feasible in less densely populated sections, such
as lighting their streets, maintaining their own constabulary, and
many other activities.
So also they may levy taxes, establish a taxing system, collect
their taxes and disburse them. In these and all other things the limit
and extent of their authority is to be found always in their charter,
which is merely the legislative act creating the corporation and de-
fining its powers The charter is the constitution of the city.
The general provisions of a charter are those which define the terri-
torial boundaries of the corporation, provide that the inhabitants
within that territory shall be a body corporate and politic, enumerate
the powers thaj; the corporation may exercise, and lay out for them
a framework of government. The various officers of the corpora-
tion are described and titles given, their powers, duties and functions
are prescribed, and the method is pointed out by which they are to be
selected. Usually some or all of them are elected by the people of
the corporation, but the legislature could, if it saw fit to do so, name
the officers itself. Indeed in many of the older towns of Georgia it
was quite common for the legislature to name the first body of of-
ficers, and they could continue indefinitely to do so if they so desired.
In fact many of the more recent charters did the same thing. Gen-
erally however the selection of the principal officers is left to election
Municipal corporations are generally more highly organized than
counties. In almost every case the governmental functions, like
those of the state itself, are divided into legislative, executive and
judicial. Usually the chief executive is styled a mayor, and his func-
tions are similar to those of the governor in state matters. Like the
state, most of the towns and cities pursue the policy, by state author-
ity, of electing many of their executive officers instead of leaving
them to be appointed by the mayor and removed at his pleasure.
The same causes which led the state into this policy led the cities
into it, and it is followed by the same tendency toward inefficiency.
The legislative powers of a town or city are usually vested in
a body called the town council, or board of aldermen, or some simi-
lar name In some cases, the legislative body is bi-cameral, as is
the state legislature, one body being called the council and the other
the aldermen. In such cases legislation generally requires the con-
sent of both bodies. In the majority of towns and cities the legis-
lature is unicameral.
It is quite common to divide the town into wards and allow each
ward to elect its own representative in the council. No reason ex-
ists, however, why the councilmen might not be elected by the entire
population, and this is frequently done. All these details depend
entirely upon the legislative will as expressed in the charter. Gen-
Studies in Citizenship for Georgia Women 71
erally the legislature provides such details as the people of the com-
munity wish. In addition to dealing with the subjects already indi-
cated, the council is generally given considerable latitude in taking
action and making laws on private conduct and relations, even going
to the extent of creating, defining and punishing misdemeanors. It
can not, however, generally make any law on a subject covered by a
state law, and can not in any case make laws that conflict with a
state law.
The town has a judicial department of its own for the trial of
offenses against its own laws. This court is generally held by the
mayor or by some councilman deputized by him. In the larger cities
it is usual to create a special office for that purpose, generally called
the recorder The charter always puts a limit to the amount of
fines that can be imposed by this officer, as well as to the length of
imprisonment to which he can subject an offender.
As illustrating the wide range of difference in charters, the char-
ter of Atlanta, as it stood in 1910, covered 150 pages of printed
matter, and at present probably covers twice that many. The origi-
nal charter of Decatur, granted in 1823, covered only a page and a
half. This charter named the governing body in the legislative act,
but provided for the election of their successors. Their powers were
"to make such by-laws and regulations, and to inflict such pains,
penalties and forfeitures, and do such other incorporated acts as
in their judgment shall be most conducive to the good order and gov-
ernment of the town, with the proviso that their by-laws be con-
sistent with the laws of the state. The present charter of Decatur
calls it a city and is a long document conferring almost as exten-
sive authority as that of Atlanta.
So the town of East Lake, as chartered in 1908, was provided
with a mayor and two councilmen appointed by the legislature, their
successors to be elected. It had no power to levy a tax. Its pres-
ent charter is almost as extensive as Decatur's and it has and exer-
eises the power to maintain public schools. It can and does levy as
heavy a tax rate as Atlanta and supports a very fine public school
There has been much discussion and some feeling of late years
in many towns over the form of town government. The usual legis-
lative body is, as already explained, by a council of elected repre-
sentatives with very varying authority, the chief executive power
being vested in a mayor elected by the people. One form of change
proposed is what is called the commission form of government.
There is no exact definition anywhere of just what this means, but
it usually contemplates a much smaller board, of about five commis-
sioners, eaeh of whom is exclusively in charge of some one depart-
ment of affairs, the whole having a supervisory authority. It also
contemplates, generally, that one of the commissioners shall be chosen
as mayor, but with rather limited power. The most outstanding
72
Studies in Citizenship fob, Georgia Women
feature of this proposal is that it combines legislative and executive
authority. Its advocates contend that it makes for greater prompti-
tude and efficiency in public matters. Its opponents deny this to
some extent, but their principal objection is that it involves too much
power in one man.
A more recent variation of this proposal contemplates what is
called a city manager. This officer would be, to a large extent, an
executive, and quite like a mayor, except that he would be more
subject than the mayor to the orders of the commissioners. This
also, it is contended, would make for greater efficiency.
It is not within the scope of this article to express any opinion
on the wisdom or unwisdom of either of the proposed changes Un-
doubtedly ether of them would show a tendency toward greater effi-
ciency. The plan of the Scotch cities is somewhat like the city man-
ager proposal, except that the manager is called town clerk. The
plan has worked well in Glasgow. How far it would improve con-
ditions in our cities is by no means certain. Many cities in America
and some in Georgia have tried it, and the testimony as to results
is conflicting.
One thing may probably be put down as certain, that no form
of city government, Whether the old or the new, will show any per-
manent beneficial results greater than what is efficiently demanded
by the people at the ballot box. A people have always a government
that exactly reflects the combined value of their patriotism, dili-
gence, intelligence and attention to civic duty at the ballot box. If
they are indifferent as to their duty there, or choose their officers
for unworthy motives, or with por judgment, the government they
get will be proportionately unsatisfactory and the' result will be
substantially the same, no matter what the form of government may
be, and no matter what they call it.
QUESTIONS
1—What is the relation of a municipal corporation to the state?
How is its charter obtained?
2—-What kind of powers does a charter confer upon a city gov-
ernnient? Illustrate With the city of Atlanta.
3—What are the general provisions of a charter? How are city
officer^ elected?
4—Discuss the organization of municipal corporations. De-
scribe the legislative and judical bodies.
5—Illustrate the Wide range of dffefence between charters of
dicerent towns
6—Discuss the commission form Of government. What is its out-
standing feature?
7—-How does the city-manager plan differ from the commission
form?
Studies in Citizenship for Georgia Women 73
Lesson XV.
THE PRIMARY ELECTION SYSTEM
bt Hon. Hooper Alexander
The system of primary elections is a peculiarity in the American
system of government. Speaking in a general sense, primary elec-
tions are unknown to the law. This statement, however, is to be
taken with the qualification that of late years there has been an in-
creasing tendency for the law to interfere with them and to seek
to control them.
Primary elections owe their existence more to the example of
Georgia than of any other state, and to the other southern states,
more than that of the rest of the country. In this state they found
their raison d'etre, soon after the Civil War, in the desire of the
white people and the democratic party, to escape the consequences
of the 15th amendment to the federal constitution. The theory was
that it was necessary for the members of the democratic party to
agree among themselves on candidates for office so as to avoid dis-
sentions in the party and present a united front to the republican
party in the legal elections.
At first there was a great deal of difference among the several
counties in the methods employed. In some counties the democrats
met in so-called mass meetings in the court house and there nomi-
nated county officers. In others the several militia districts held sim-
ilar district mass meetings and selected delegates to a county con-
vention, and the convention thus formed agreed on such candidates.
By somewhat similar methods nominations were made for other offi-
cers representing larger constituencies, such as state senatorial dis-
tricts and the state as a whole.
None of these activities were known at all to the law. They were
purely voluntary and there was no other obligation to compel con-
formity to those nominations than the sense of honor among those
who participated, binding them to abide the result.
Nearly fifty years ago there began to exist many complaints
against the system, principally arising from the fact that relatively
few voters attended the mass meetings and these were largely domi-
nated by the office holders at the Court House and by those who
made polities a profession.
Gradually there worked out of this a system of voluntary elections
conducted by ballot, conforming largely to the system of legal elee-
tions. At first there was no expense attached to the holding of these
voluntary primary elections, as they came to be called. Later on
71
Studies in Citizenship for Georgia Women
there grew up a practice in the counties that need such elections,
under which the managing committees of the party assessed the
candidates and used the money thus raised for paying the expenses.
Before this practice began, every candidate printed his own tickets-
The result was that at any election in a county there were hundreds of
different tickets, presenting all sorts of combinations so as to please
every voter. After the assessment plan became common the practice
grew up of the committee printing the ballots and putting on them
the name of every candidate for each office, leaving the voter to
erase the names of those whom he did not want.
When the practice became general of resorting to these primaries
it began to be perceived that there was a grave evil in the fact that
anybody could vote, whether he was a legal voter or not. The elec-
tion being purely voluntary and unknown to the law, there was no
penalty for unauthorized voting or even for repeating At first, the
party authorities endeavored to correct this evil by refusing to give
a certificate of nomination even to a successful candidate who re-
fused to conform to their rules, and by refusing to allow any demo-
crat to vote at all unless he was registered for the legal election.
There were many difficulties in carrying out this policy, and there
arose an ever increasing demand for legislation in aid of the party.
About 1900 was the first beginning of such legislation. At first it
was confined to laws making it criminal to participate in a party
primary except in obedience to the party rules. These laws were,
perhaps, consistent with sound principle, as long as they left it to
the party to make its own rules, and merely lent to any party the
aid of the state to enforce their rules. In doing this it was, of
course, improper to legislate for any one party.
The laws, therefore, were not professly made for the democratic
party, but for any and all parties. They were of course intended
for that party alone, however, and not for the republican party, and
the republican party has never paid any attention to them, but
makes its nominations according to its own will. Nobody ever at-
tempts to enforce them against the republicans, and so both par-
ties are satisfied.
In 1917 the first step was taken by the legislature in the direc-
tion of any attempt to control the party will by law. This was an act
generally known as the Neill Primary Law, the principal feature of
which was a requirement establishing the County Unit basis of repre-
sentation. In order to understand this it is necessary to recount a
little history.
When the primary election system became pretty general in the
state, one of its incidents was that a state convention of delegates,
elected at primaries in the different counties, assembled every two
years to nominate democratic candidates for state officers, and, in
the proper years, for United States senators. About 1905 there arose
Studies in Citizenship foe Georgia Women 75
some complaint in Georgia to the effect that the biennial party con-
ventions were unfairly constituted in this, that the counties ought
to have representation in that body in proportion to their voting
strength. The matter was fully canvassed and discussed in a heated
campaign lasting over a year and the resultant constitutional con-
fion in 1906 provided that nominations for state wide officers should
be made directly at the ballot box, in the primaries, so that every
voter should have equal power, whether he lived in a large county
or a small one. Such a plan was followed for the next two years,
but the persons in control of the party machinery soon went back
to the county unit plan, the injustice of which is too obvious for
comment.
The matter, however, had become one of serious feeling, and in
1917 the legislature passed what is known as the Neill primary law.
which compelled all parties to make their nominations that way. As
a law it was without any value whatever, because it provided no
method for compelling obedience to its terms. Its persuasive force,
however, was, and is, considerable. The democratic party has thus
far obeyed it, and will continue to do so, until such time as it oper-
ates to the disadvantage of those who favor the plan. They will
then disregard it, as, of course, they have the legal right to do
In 1922 the legislature enacted a law for the professed purpose
of putting into operation the so-called Australian ballot in legal elec-
tions. As primaries only are being here discussed, no attempt will
be made to analyze generally the provisions of this law. Whether
it was wise to intertwine with it an attempt to apply some of its
provisions to primaries, is a matter on whch there is room for a dif-
ference of opinion. Such an attempt was made. In so far as it
dealt with primaries it was to some extent required to conform to
the will of the parties affected, or to the will of the constituted
authorities of the parties It undertook, however, in other partic-
ulars to control the party will. This involves a total departure from
the fundamental theory of primary elections. The value of such a
system depends and must always depend entirely upon the theory
that it is a purely voluntary thing, wholly independent of law and
outside of the law. As already herein suggested, there can be no
serious objection to such legislation as aims merely to protect the
party in its voluntary policies, and punish those who perpetrate
fraud on the party or vote fraudulently at the party elections, or in
disobedience of the party rules. The minute such legislation goes
beyond that point, and seeks to substitute the will of the legislature
for the will of the party, the party authority is destroyed, the pri-
mary loses its significance, and the widest kind of a door is opened
to tyranny and oppression. For instance, if it is competent for the
legislature to control the party in its own processes, the Georgia
76 Studies in Citizenship for Georgia Women
legislature could provide such laws as would make it impossible for
the republican party to nominate candidates at all.
This, of course, will not happen because the republicans pay no
attention either to the law of 1917 or that of 1922. The people who
made this law do not care and nobody cares now whether the repub-
licans obey it or not. But suppose the situation be reversed. If it
is competent for the state to control party administration, it is equally
competent for the federal government to do so. Suppose the congress
should undertake to provide by law that no party shall exclude any
person from its primary elections on account of his race, color or
previous condition of servitude. The primary system was invented
by Georgia as to avoid this very provision applicable to legal elec-
tions In order to do so, they purposely made it voluntary, and pur-
posely put it outside the pale of law. It is a dangerous precedent
that the legislature is establishing in this matter, and they who are
doing it are playing with fire. The whole civilization of the South
depends upon keeping the white primary outside of the control of
law, and making the voluntary will of the white people the law of
their primary.
Is so far as the law of 1922 attempts to secure secrecy in the
ballot and prevent interference with the voter in marking his ballot,
either in the legal elections or in the primary, the purpose is to be
commended. The law itself, however, is cumbersome and impracti-
able, as drawn, and will not prove operative.
In so far as it provides for an official ballot, giving to some func-
tionary, either of the law, or the party, the right to put some names
on the ballot or exclude others from it, no more dangerous proposi-
tion has ever been made is Georgia. The essence of a free ballot
consists in the untrammeled right of every voter to put on his bal-
lot the names of the persons he wants to vote for, and to write his
entire ballot if he chposes.
„ Whatever of danger or evils is expressed in this law, however,
it may be certainly be counted on, will be capable of being avoided
in the primaries, whenever the public chooses to avoid it, for the
very simple reason that there is no possible legal way to enforce it,
or compel obedience to it, in a primary election. The real evil of
it in the primaries lies in the fact that the political manipulators who
control the party machinery will obey it when it suits them to do so,
and disobey it and disregard it, the first time it interferes with their
plans or works to their disadvantage. Unfortunately many good
people, hoodwinked and misled by its seeming purpose to secure a
fair election system, will lend it their support, and erroneously be-
lieve that it will work for good.
Studies in Citizenship eor Georgia Women
77
QUESTIONS
1—Where did primary elections originate? Explain the causes
for their origin.
2—Discuss the early methods employed. Show how they differed
in various states.
3—What is the assessment plan as related to primaries, and why
was it put into practice?
4—-What evils grew out of these voluntary elections? What at-
tempts were made to overcome them?
t>—For what purpose was the Neill Primary Law promulgated?
What is its value as a law?
6—How did the legislature attempt to apply the Australian bal-
lot to primaries and with what success?
V—What is the real value and significance of the primary? How
could the legislature destroy its signficance?
78 Studies in Citizenship for Georgia Women
Lesson XVI.
HOW A BILL GOES THROUGH THE LEGISLATURE.
by Hon. John T. Boifettiixet
The evolution of a bill in the General Assembly is highly interest-
ing. The process of development is well worth observing by the
uninformed in legislative procedure. It is engaging to watch the
progress of a measure along parliamentary channels.
The practice in the introduction and passage of a bill is practically
and essentially identical in the Senate and House. For the purposes
of this article, the system pursued in the House will be explained.
The operation proceeds in accordance with certain fixed rules, some
of which are a part of the Constitution of Georgia itself, and all of
which are published in the "Manual of the General Assembly of the
State of Georgia. It is prescribed that the rules of the House known
as constitutional rules, shall in no case be suspended; all other rules
shall in no case be suspended, nor changed, except by a vote of two-
thirds of the members voting in favor of said change or suspension.
On Mondays, Wednesdays and Fridays the Clerk calls the roll of
counties for the introduction of bills, beginning alternately at the
first and last of the alphabet.
All bills must be written by hand or typewriter, or printed, us-
ually on paper of conventional size, and must have the name of the
representative introducing the bill, as well as the county he repre-
sents, and the caption, or title, of the bill, endorsed on the back.
No member is allowed to introduce more than one bill of a general
nature on any day, except companion bills.
It is the duty of the clerk to place on each bill, as it is read the
first time, a number following the numerical order in which said bills
are read the first time. He also records the date when the bill is thus
read, and the committee to which it is referred. The journal clerk
makes a similar entry in the Journal of the House, together with
the name of the introducer of the bill, and his county, and the cap-
tion of the bill. A like entry is recorded by the calendar clerk on the
Calendar of the House, who, subsequently, as, also, does the journal
clerk, records whatever additional actions are taken on the bill in
the course of its progress in the General Assembly.
Upon the introduction of a bill the Speaker commits it to the
proper committee unless otherwise ordered by the House. Oc-
casionally, a bill is ordered "engrossed, instead of being committed,
in which event it is not amendable thereafter unless later committed
to a standing committee composed of a limited numbers of members.
Studies in Citizenship for Georgia Women 79
An "engrossed bill is considered by the committee of the whole
House.
In committee, a bill is subject to discussion by advocates and op-
ponents of the same; it can be amended, or a substitute adopted. The
committee, through its chairman, reports its action to the House.
All reports of a committee must be in writing, and the minority of
a committee may make a report in writing, setting forth succinctly
the reasons for their dissent. Amendments proposed by a committee
may be amended or rejected by the House, and matters stricken out
by the committee may be restored by the House. No committee
shall deface or interline a bill referred to it, but shall report any
amendment recommended on a separate paper, noting the section,
page or line to which said amendment relates.
If a committee retains a bill in its custody or control for ten
days without reporting on it, the author of the measure, or any repre-
senrative, has the right to make a motion instructing such committee
to report the bill back to the House; and, if the motion prevails, it
is the duty of the committee to report such bill, with or without re-
commendation, and upon failure of the committee to report, the bill
is automatically returned to the House for consideration.
When the report of a committee is favorable to the passage of a
bill the same is read a second time and passed to a third reading.
Where the report is unfavorable, on the second reading thereof, the
question shall be on agreeing to the report of the committee. If the
report is agreed to, the bill is lost. If the report is disagreed to, the
bill is passed to a third reading unless recommitted. Any bill may
be withdrawn at any stage thereof by consent of the House.
Every bill, before it shall pass, shall be read three times, and on
three separate days in each house. Each of the three readings of
general bills must be full and complete. The first and second read-
ings of local bills must be by titles only. The third reading of local
bills must be full and complete. When a bill is upon its passage, on
the third reading, the whole matter is open for discussion.
No bill shall become a law unless it shall receive a majority of
the votes of all the members elected to each branch of the General
Assembly, and it shall in every instance, appear on the Journal. No
bill appropriating money shall become a law, unless, upon its passage,
the yeas and nays in the House and Senate are recorded. Whenever
the Constitution requires a vote of two-thirds for the passage of a
bill, the yeas and nays shall be entered on the Journal. The yeas and
nays on any question shall, at the desire of one-fifth of the members
present, be entered on the Journal. No bill shall pass which contains
matter different from what is expressed in the title thereof, or which
refers to more than one subject matter. No local or special bill shall
be passed unless notice of the intention to apply therefor shall have
been published in the locality where the matter or thing to be affected
80 Studies in Citizenship for Georgia Women
may be situated, which notice shall be given at least thirty days prior
to the introduction of the bill into the General Assembly and in the
bill shall be passed.
Bills are called in numerical order in which they stand on the
manner to be prescribed by law. The evidence of such notice having
been published shall be exhibited in the General Assembly before a
calendar, and before reading any bill the third time the Clerk shall
distinctly state its number and the name of the member by whom
introduced, also the caption.
Upon the passage of a bill the Clerk has it engrossed, hand-
written with pen and ink on large, special size, white sheets of paper.
The committee on Engrossing, consisting of members of the House,
carefully compares the engrossed copy with the original, correcting
any errors that may be discovered in the engrosed bill.
Then the Clerk, in a special message, transmits the bill to the
Senate to be acted on by that body, but no bill shall be transmitted
to the Senate on the day of the passage thereof unless two-thirds of
the members present shall so order. When the engrossed bill reaches
the Senate it follows the same process there as was observed in the
introduction and passage in the House. Should the Senate amend
the bill the House must vote to concur in the amendments before the
bill can become an Act. Should the House reject the amendments,
then a conference committee of members of the Senate and House
is appointed to adjust the differences, and the agreement by the con-
ferees is reported back to the House and Senate for action.
If the engrossed bill passes in an amended shape, the Clerk has to
re-engross the bill, with the amendments properly written in. The
Clerk makes an enrolled bill, hand-written with pen and ink, from
the engrossed bill, and on the same size paper used for the engrossed
bill. The committee on enrollment compares the two bills for errors.
An enrolled bill is the final copy of the measure which has passed
both houses. It is sent to the Governor for his signature, and then to
the Secretary of State to be filed for record, in perpetuo, in the
archives of the commonwealth. The Governor is supposed to read
all acts before signing them. The printed acts are made from the
engrossed bills, and the proofs of the printed acts are carefully
checked with the Engrossed acts before the bound volumes of the
Acts are published.
No bill which shall have been rejected by the House, shall be
again proposed during the same session, under the same or any other
title, without the consent of two-thirds of the House.
All bills which have passed the General Assembly must be signed
by the Speaker and Clerk of the House, and the President and Secre-
tary of the Senate, before being sent to the Governor. The Censti-
tution declares that the Governor shall have the revision of all bills
passed by the Legislature before it shall become laws; but two-
Studies in Citizenship for Georgia Women
81
thirds of each branch of the General Assembly may pass a bill not-
withstanding his dissent, and if any bill should not be returned by
the Governor within five days (Sunday excepted) after it has been
presented to him, it shall be a law, unless the General Assembly by
their adjournment shall prevent its return. He may approve any
appropriation and disapprove any other appropriation in the same
bill, and the latter shall not be effectual, unless passed by two-thirds
of the Senate and House.
When the Senate passes a bill which has been introduced in the
Senate, it is transmitted to the House for its action, just as a House
bill goes to the Senate for its consideration .Any kind of bill can
originate in the Senate, except bills for raising revenue or appropriat-
ing money, and such bills, by the mandate of the Constitution, shall
originate in the House, but the senate may propose or concur in
amendments, as in other bills. All proceedings touching the appro-
priation of money shall be considered in the Committee of the
Whole.
Every legislative term consists of two annual sessions. Many
hundreds of bills and resolutions are introduced into the House and
Senate each year, and only a small proportion of them ever are en-
acted in law. All measures not disposed of at the first session of a
term go over as unfinished business to the next session, but, if they
are unacted on then they can not be carried over to the new Legisla-
ture, but they and the originals of all measures are filed with the
State Department, which has had the care and preservation of the en-
grossed and enrolled copies of the laws of Georgia from the beginning
of the Commonwealth down to the present time.
On the back of each engrossed and enrolled bill is the signature
of the Clerk of the House and Secretary of the Senate, certifying
that the bill originated in that branch of the General Assembly.
The necessity of absolute accuracy in the reading of the en-
grossed and enrolled copies, and the printed proofs of the same for
the correction of errors, can be understood when it is remembered that
the misplacing of a comma or a period by any of the clerks or print-
ers may have the effect of causing the loss to the Senate of many
thousands of dollars in revenue, or involving it in endless trouble.
Only a subsequent Act of the Legislature can correct the error by ef-
fecting a change. Once the Governor has signed a bill, it is a law of
the State. The work of preparing a bill accurately is a responsible
task.
What has been written with reference to the evolution of a bill
in the General Assembly is also applicable to joint resolution, intend-
ed to have the effect of a law.
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Studies in Citizenship for Georgia Women
QUESTIONS
1—Mention some of the fixed rules for introducing1 a bill into
the House.
2—At what stage and before what body may advocates or
opponents of a bill discuss its merits?
3—What may the committee do with a bill?
4—How many times must a bill be read before it is passed?
5—What kind of bills require the yeas and nays to be recorded?
6—What is the requirement in regard to local and special bills?
7—What is meant by "engrossing a bill?
8—How does a bill get from the House to the Senate?
9—Suppose the Senate amends a bill, what effect does that
have ?
10—What is an enrollment bill?
11—What five persons must sign all bills passed by the legis-
lature ?
12—Where are the bills finally filed for record?
13—May the same bill be introduced twice during the same ses-
sion of the legislature?
14—If the Governor fails, or refuses to sign a bill, what happens?
15—What kind of bill may not originate in the Senate?
LEGISLATIVE CALENDAR FOR 1923
COMPILED BY LEGISLATIVE COUNCIL OP WOMEN'S STATE ORGANIZATIONS
OF GEORGIA.
The Council is composed of the Federation of Women's Clubs; Daughters of the
American Revolution; United Daughters of the Confederacy; League of Women
Voters; King's Daughters; Women's Christian Temperance Union; Federation of Busi-
ness and Professional Women's Clubs; Federation of Music Clubs; Parent-Teacher's
Association; Woman's Auxiliary Good Roads Association; Woman's Auxiliary, Dixie
Highway Association; sub-chairman Legislation, Forestry Association.
These organizations have as representatives in this Council, the Legislative chair-
man and sub-chairmen of legislative committees. Presidents of all organizations are
members of Council—Each organization has one vote
The object is to prevent overlapping of Legislative effort by the various state
organizations of women, and to enable organizations favoring the same legislation to
unite theire efforts to obtain its passage.
THE LEGISLATIVE COUNCIL ITSELF DOES NOT ENDORSE LEGISLATION.
CALENDAR FOR 1923
BILLS ENDORSED
Protection of Women in Industry
ENDORSING
ORGANIZATIONS
League of Women Voters, Federation of
Women Clubs, Federation of Business and
Professional Women's Clubs, Women's
Christian Temperance Union, King's
Daughters.
Increased Appropriation for the State
Board of Public Welfare
Federation of Women's Clubs, League of
Women Voters, Parent-Teacher's Associa-
tion, King's Daughters, Daughters of the
American Revolution.
For the State to buy books, at the least
price possible to school children, attend-
ing public schools in the State.
Daughters of the American Revolution
Appropriation for the Georgia Training
School for Mental Defectives
League of Women Voters, Federation of
Women's Clubs, D. A. R., Parent-Teach-
er's Association, W. C. T. U.
Appropriation for the Georgia Training
School for Girls
Federation of Women's Clubs, League of
Women Voters, D. A. R.
Juvenile Court Law
Ga. F. of W. C., League of Women Voters
Permissive Kindergarten Bill (in Public
Schools)
Parent-Teacher's Association, Federation
of Women's Clubs, W. C. T. U., League
of W. V.
Marriage Regulation Bill
League of Women Voters, Federation of
Women's Clubs, W. C. T. U., D. A. R.,
King's Daughters
Increased Appropriation for State Library
Commission
Federation of Women's Clubs
Motor Light Law
Ga. F. W. C„ D. A. R.
Appropriation Smith-Lever Fund
G. F. W. C.. Parent-Teacher's Assoc;ation
Appropriation Smith-Hughes Fund
G. F. W. C.
Appropriation Shephard-Towner Bill
Federation of Women's Clubs, League of
Women Voters, D. A. R„ W. C. T. U.,
King's Daughters, Parent-Teacher's As-
sociation
Appropriation for repairs for Winnie
Davis Dormitory at State Normal School
at Athens. Presented to the State by Ga.
Division U. D. C.
United Daughters of the Confederacy
Censorship of Motion Pictures
Georgia Federation of Women's Clubs, W.
C. T. U., U. D. C., King 's Daughters
Bill for Good Roads
G. F. W. C„ D. A. R„ W. C. T. U.,
King's Daughters, D. A. R., Good Roads
Association, F. of B. and P. Women.
Veteran's pension Bill
United Daughters of the Confederacy
Study of the Constitution in Schools (as
proposed by the American Bar Associa-
tion Bill)
Executive Board G. F. W. C., D. A. R.
Forestry Bill
Forrestry Association, G. F. W. C., D. A.
R„ W. C. T. U.
INTRODUCING OUR ADVERTISERS
Mrs. Newton C. Wing, Business Manager.
Mrs. Georgia Citizen, may I present Mr. Georgia Busi-
ness Man?
Since women do 90 per cent of all buying, a better ac-
quaintanceship with the following firms should prove
mutually helpful. In selecting these advertisers, each of
a different kind, from the many good firms with which I
have become acquainted during my home economics work
in the Atlanta Woman's Club, my state work in the
"Made-In-Georgia-Week and my present "Better Homes
Campaign, I had in mind those whose products con-
tributed directly toward the welfare of the home, be-
cause in the heart of every "new citizen the dearest
word will always be "home.
As Mrs. Turman says in her introduction, "Our coun-
try needs a hero very seldom, but she needs a good citizen
every day. It seems to me that applies very truly to our
advertisers. One and all, they not only have merchan-
dise of the highest type, but they are all public-spirited
and "good citizens. May they live long and prosper!
How can we co-operate with them, who have made
the publishing of this book possible? Well, let's suppose
we need a good house. The L. W. Rogers Realty Com-
pany, now extending its business throughout the state,
has pleasant sites and well constructed homes. The Ster-
chi Furnishing Co. has "everything from a teaspoon to a
piano. In the living-room we can have a baby grand, a
victrola and the best music from the Cable Piano Co. In
a cozy chair by the fireside, we can read the splendid
books on Citizenship by D. C. Heath Co.
A dustless home, well-groomed draperies and ruge are
assured by the Hoover Cleaner and our larder may be
completely equipped by home manufacturers, such as the
L. W. Rogers Grocery Company, that patriotic Georgia
firm which made possible our existence during war times,
and our continued welfare now; the Atlanta Milling
Milling Company, whose slogan should be "Sajr it with
flours, so good they are; "Piney Woods Georgia Cane
Syrup, that good old Georgia product, which chums up
naturally with hot cakes and waffles; Henards Mayori-
naise, which you will agree is the best ever; and the uni-
formly delicious cakes and breads of the American Baker-
ies Company. Now just a peep into the refrigerator, to
see if the "NuGrape our Georgia nectar of the gods, is
iced, and then we are ready for visitors.
—
A Goal For Government
would be that degree of perfection attained by the
miller in the manufacture of
CAPITOL A [ plain ]
and
MISS DIXIE [ self-rising ]
The South's favorite flours
Manufactured by
ATLANTA MILLING CO.
REGISTFRED U. S. PATENT OFFICE
A compound with Grape solids and color, reinforced
with artificial flavor and color.
Is made from rigidly pure, wholesome ingredients
blended in a special process which gives it---
A flavor you
can't forget
Try ew/Jif Punch, it is a delicious bev-
erage for use at teas, dances, bridge parties or any
other social function.
RECIPE:
1 quart of Syrup
4 quarts of water
1 pound of sugar
Juice from 6 lemons
l'15c can of pineapple
1 orange (sliced very thin)
also is used as a base in making
very delicious ices and sherberts.
is sold at all soda founts and soft
drink stands and don't forget
your grocer can supply you with a case for the
home.
"It's the Plug Hat
Gets the Snowballs
HE first portable electric suction sweeper on the market was The
Hoover.
It is the first today.
Year in and year out it has renewed and reinforced its leadership by
the unremitting thoroughness of its work.
Only a product of unique and special virtue can do that.
It is always the outstanding thing that is the tempting target; and like the
leader in every field The Hoover is the focus of competitive attack.
So far as we can learn, this attack assumes only one character.
It does not deny the efficacy of Hoover design, Hoover construction, or
Hoover performance.
But it seeks to spread the impression that The Hoover is hard on rugs.
Ttoyou thinkTheHooveris hardon rugs ?
If it were, would it be the largest selling
electric cleaner in the world, with more
than a million satisfied users?
If it were, would it be the choice of rug
experts as the preserver of carpetings be-
yond price ?
If it were, would more than 50,000
users of many years' experience have
voluntarily written us their enthusiastic
indorsement?
If it were, would more than 48% of our
sales result from The Hoover being
recommended by users to their friends?
If it were, wouldfrom 30% to 40% of
our sales be to persons who have owned
other machines?
If it were, would more than $71,000,-
000.00 worth of Hoovers have been sold,
representing perhaps twice as much
money as has been invested in any other
cleaner?
If it were, would leading merchants
everywhere have risked the confidence of
their trade by continuously indorsing
The Hoover—many for over 14 years?
If it were, would The Hoover be the
standard against which all other cleaners
are judged?
If it were, would it enjoy the undent-
able leadership of the industry ?
No, dear reader, The Hoover is not
hard on rugs.
It is only hard on competitors.
The Hoover Company, North Canton, Ohio
The oldest and largest makers of electric cleaners
The Hoover is also made in Canada, at Hamilton, Ontario
Vhe HOOVER
ft BEATS — as it Sweeps as it Cleans
To the Women of Qeorgia
The L. W. Rogers Company congratulates you
on the splendid progress you are making in your
activities along civic and State-wide lines. We
admire you for the interest you feel—for the care-
ful and conscientious study you are making to
better fit yourselves in the exercise of your political
rights—for your determination to take in the future
more active interest in all matters that affect our
State and our cities.
The women of Georgia have always demonstra-
ted their friendship for us. Their patronage—in'
creasing from day to day—is highly appreciated—
and as you are studying to improve future condi-
tions in your community and State, so are we
studying at all times the things we can do to best
serve our friends and patrons, and at the same
time serve best our State and country.
L. W. ROGERS CO.
Nearly 200 Pure Food Stores in the South
THE GREATEST MUSIC CENTER
OF THE SOUTH
IN a quarter of a century this
big, permanent institution has
grown to be the South's head-
quarters for everything pertain-
ing to music.
Here, assembled under a single
roof, is an array of the finest
musical merchandise from every
corner of the globe.
Every known form of musical in-
strument and musical accessory
is here—Concert Grand Pianos,
Baby Grands, Upright and Player
Pianos, Music Rolls, Victrolas,
Victor Records, Band, Orchestra
and Parlor instruments, Sheet
Music and a complete line of
accessories.
Because we are sponsors for every-
thing that is good in music, this
store has come to be the musical
headquarters for musical people.
We are extremely proud of our
institution—proud of its progress,
proud of its ideas and ideals.
Few cities, regardless of size, en-
joy a musical merchandising ser-
vice such as this great store pro-
vides.
Home of the W'
Celebrated
Mason <Sl
Hamlin
B L E 82-84 North
■'1 11 1 i«l Broad Street
Jriano Company Atlanta
f
A Qenuine Qeorgia Product
of Qenuine Qoodness
PINEY WOODS GEORGIA CANE
SYRUP
Made from the pure juice of the Georgia Cane—and nothing
else. Made in the old-fashioned way in open kettles and
evaporators.
A table delight in thousands of homes.
FOR SALE AT ALL LIVE GROCERS
CAIRO SYRUP COMPANY
I ATLANTA, GA.
CAIRO, GA.
If3
ll
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rrrrr'
frr»
'XJCXJy£l
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ll1 ni
LfiBC
rrrr
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riir
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Fifteen Scores
Five Factories
^It Cosife I/css ai
STERCHl'S
Henard's Mayonnaise
and
Henard's Relish
Has
the Flavor
Without
the Labor
As fast as our salesmen can get over the territory we are
placing these fine products all over the state and very soon
the ladies in every town and city will be able to buy really
fresh and wholesome Mayonnaise and Relish in easy-open-
ing packages.
NO WORRY — NO WORK — NO FAILURES
Made in Atlanta by
THE
HENARD MAYONNAISE
COMPANY
112 East Ellis Street
Telephone Ivy 6320
Smiling
Children
=HEALTH
/^JOOD BREAD IS their
best food. It is the
one richly-nourishing food
that does not overload ten-
der, growing stomachs nor
overtax their systems in
their active play after meals.
Growing boys and girls need lots of bread—
encourage yours to eat more of it—less meat
and heavy cakes and pies. Help them to be
healthy—give them good bread!
BREAD
"Is Good Bread
Get a loaf today—your kiddies will love it
—at your
Grocers
Two Sizes
10c and
15c
AMERICAN BAKERIES COMPANY
TRAINING FOR CITIZENSHIP
A notable group of new books in Civics
DOLE'S THE YOUNG CITIZEN
DOLE'S NEW AMERICAN CITIZEN
Suitable for supplementary reading and class room study
by boys and girls of grammar school age and by all persons
interested in improving our citizenship.
DUNN'S COMMUNITY CIVICS AND
RURAL LIFE
DUNN'S COMMUNITY CIVICS FOR
CITY SCHOOLS
Leading books by the foremost authority in the civics field,
Arthur W. Dunn, Specialists in Civic Education of the
United States Bureau of Education.
Suitable for boys and girls of high school age and for all
students of community civic affairs.
WILLIAMSON'S PROBLEMS IN
AMERICAN DEMOCRACY
A charmingly written book dealing with the great current
issues of American life, and affording practical training for
those who must grapple with the economic, social and
political problems of our own time.
Just the book for women who are interested in Americanism.
An ideal text for classes in Citizenship in Women's Clubs.
D. C. HEATH & COMPANY
63 N. PRYOR ST. ATLANTA, GA.
WOMEN ARE THE
HOME-MAKERS
A Community, State or Nation thrives and endures
! in proportion to its homes that are owned by the
' people. Women are the buyers of homes. It is
!one of their most sacred ambitions--that of owning
the home in which they live.
One of the missions of our company is that of
j selling homes. We believe in the principle that a
i satisfied home-owner is one of the nation's best as-
1 sets. Virile citizenship implies a home-owning citi-
j zenship.
Women of Atlanta, and of Georgia, are invited to
; take advantage of the efficient service we offer in the
| broad field of home-buying, home-building, home-
! renting and investing in real estate.
Our hearty endorsement is given the 1' Bettei
J Citizenship '' movement which is sponsored by the
I loyal, patriotic and intelligent women of Georgi I
L. W. ROGERS REALTY
TRUST COMPANY
PALMER BUILDING - 29 N FORSYT |