Elements of Civil Government Part 38

They are elected for a term of two years by the people of the State, at the same time the members of the Legislature are elected. The qualifications for these offices are: twenty-five years of age (for Governor thirty), a citizen of the United States ten years (for Governor fifteen), and of the State six years.

The _Governor_ is commander in chief of the army and naval forces of the State. He has revision of all bills pa.s.sed by the General a.s.sembly, and, a two-thirds majority in each house is necessary to pa.s.s a bill over his disapproval. The Governor can commute sentences, and grant pardons to criminals, except in cases of treason or impeachment.

He is empowered to fill many important offices by appointment. He issues commissions to all officers in the State. He may issue proclamations of rewards for the apprehension of criminals. He reports to the Legislature on the financial condition of the State, and gives suggestions as to any general law that should be pa.s.sed.

The _Secretary of State_ has the custody of the Great Seal of State and all State papers. He preserves all the original bills and acts pa.s.sed by the General a.s.sembly. He affixes the Great Seal to all State grants, and public doc.u.ments executed by the Governor, keeps correct maps of surveys; and plats of lands granted by the State, and records all grants. The Secretary of State grants charters to banking, insurance, railroad, ca.n.a.l, navigation, express, telephone, and telegraph companies.

The Secretary of State is _ex-officio Commissioner of Corporations_.

All State and foreign corporations are required to file an annual statement in his office. He is also the official who pa.s.ses upon the legality of all stocks, bonds, debentures, and other securities offered for sale in the State of Georgia. He is the legal officer of the State who issues licenses for automobiles. The Secretary of State is _ex-officio Surveyor-General_ who acts in disputed boundary lines of counties. He is the officer to whom election returns of all officers elected by the people are submitted for certification. He keeps a record in his office of the subdivisions of the State into counties, and all records pertaining to the original subdivisions of the State into counties and land districts.

The _State Treasurer_ has custody of all State funds, and pays out moneys only on warrants issued by the Governor. The members of the General a.s.sembly receive their pay from the Treasurer upon drafts drawn by the Speaker of the House or President of the Senate. He has control of the funds pledged to the payment of the public debt, and keeps accounts of all receipts and expenditures. He acts also as _State Bank Examiner_.

The _Comptroller-General_ audits all accounts against the State. He examines the digests of all tax returns, receives and collects all evidences of debts due the State from any other source than taxes, issues executions against defaulting tax collectors, and countersigns all warrants drawn on the Treasury by the Governor. He must keep a record of all tax collectors' and receivers' bonds. He must make an annual report to the Governor, showing the currents account between the Treasurer and the State. The report must include a statement of taxes paid in by each county, the annual income from the educational fund, and the amounts paid out of said fund, the condition of the public debt, and accounts of all officers and agents disbursing public money.

For the use of the members of the General a.s.sembly he must prepare a table of the taxable property in each county of the State, a table of the polls and number of voters in each county, the number of children in each county returned for partic.i.p.ation in the educational fund, and the amount drawn by each county out of that fund. He is _ex-officio Insurance Commissioner_, and has general supervision over all insurance companies doing business in Georgia.

This properly ends the executive department as fixed by the Const.i.tution, but there are other State officers whose duties are such that they really belong to the same cla.s.s, and may be considered under this head.

The _Attorney-General_ is the legal adviser of the executive department. He represents the State in all capital felonies in the Supreme Court, and in all civil and criminal cases in any court when required to do so by the Governor. He is elected by the people for a term of two years, and the same qualifications for this office apply as do those for judges of the Supreme Court.

The _State Superintendent of Schools_ is elected at the time when the Governor is elected, for a term of two years. He is charged with the administration of the school laws. He has general superintendence of the business relating to public schools. It is his duty to instruct all officers under him as he thinks necessary for the better discharge of their duties, and to inspect the various schools of the State. He disburses the school fund according to the number of children between the ages of six and eighteen years in each county.

He is the Secretary and Executive Agent of the State Board of Education.

With the consent and approval of the State Board of Education, he may appoint three _State School Supervisors_ to act under his direction and give normal instruction and training in each county; to grade, when required, the papers of applicants for professional certificates; and to aid him generally in supervising, systematizing, and improving the schools of the State. He appoints, with the advice and consent of the State Board of Education, an experienced _auditor_ to examine and report on the accounts of all schools and colleges receiving State aid.

The State Superintendent of Schools is _ex-officio_ a member of the State Board of Education, the State School-Book Commission, the State Geological Board, the Board of Trustees of the State Normal School at Athens, and the South Georgia Normal School at Valdosta.

The _Commissioner of Agriculture_ is elected by the people of the State for a term of two years, at the same time that the governor is elected.

He has charge and control of the inspection and sale of all fertilizers sold in the State. The law requires all manufacturers and dealers in fertilizers in Georgia to first register all the brands to be sold.

The law authorizes the Commissioner to appoint six inspectors for a term of one year each, and such other additional inspectors as may be required, to be paid for the actual time they are in service. After the samples are taken by these inspectors, they are forwarded to the Commissioner, who turns them over to the State Chemist, he making an a.n.a.lysis of the goods. If the a.n.a.lysis shows anything radically wrong, the Commission takes it up with the fertilizer manufacturers who sold the fertilizer, and the party who bought it.

The Commissioner of Agriculture is also charged with the inspection of foods, drugs, feeding stuffs, and of all oils of illuminating quality sold in the State. It is his duty to enforce the provisions of the Pure Food and Drug Laws, and he appoints a food inspector and a drug inspector. Both of these inspectors make their report to the Commissioner, and all samples taken are sent to the State Chemist for a.n.a.lysis. The Commissioner also has charge of the inspection of cattle in Georgia to protect them against diseases of all kinds. This department is called the _Bureau of Animal Inspection_, and is in the charge of the _State Veterinarian_, with a corps of a.s.sistants, all of whom are appointed by the Commissioner. This Bureau cooperates with the United States Department of Agriculture in Tick Eradication and Hog Cholera Contagion; and the general development of live stock industry.

The Commissioner of Agriculture also has charge of the horticultural interests, peaches, apples, fruits, and vines, of all description.

Under the law he appoints an _entomologist_ who may visit all the orchards and vineyards, and inspect them for the purpose of keeping down all diseases affecting the fruit in Georgia. In a general way the Commissioner of Agriculture is expected to look after the common good of the State connected with the varied farming interests.

By virtue of his office, the Commissioner of Agriculture is _ex-officio_ a member of the board of Trustees of the State Board of Agriculture, Chairman of the Board of Trustees of the Georgia Experiment Station, and also Chairman of the State Board of Entomology.

The _State Chemist_ is in charge of the laboratory in connection with the Department of Agriculture. He is appointed by the Commissioner of Agriculture, and his a.s.sistants are also appointed by the Commissioner on the recommendation of the State Chemist.

A _State Geologist_ is appointed by the Governor, who holds his office during good conduct. He is removable by the Governor for inefficiency or misconduct. It is his duty to make a geological, mineralogical, and physical survey of the State; to make records of the survey; to make a record of the general physical characteristics of the different counties; to locate the deposits of mineral ores and phosphates, collect and cla.s.sify specimens and preserve them in a museum.

The _State Game and Fish Commissioners_ appointed by the Governor for a term of two years. It is his duty to see that all laws for the protection of game animals, game birds, and fish in the State are observed and enforced. He appoints game and fish wardens and deputy wardens in each county of the State to a.s.sist him in enforcing the laws, and in issuing licenses to proper persons to hunt and fish in the open season, in accordance with certain restrictions and regulations.

The _State Tax Commissioner_ is appointed by the Governor, with the approval of the Senate, for a term of six years. His office is at the State Capitol in connection with the Comptroller-General. He acts as a.s.sistant to the Comptroller-General. He investigates all matters relative to taxation, and makes recommendations to the General a.s.sembly, as to any alterations or changes that may bring about a more perfect and equitable system of taxation. It is his duty to examine carefully and compare the tax digests of the several counties of the State, to the end that property located in different counties may bear its equitable burden of taxation.

The _Adjutant General_ is appointed by the Governor for the term of the Governor's tenure. He is at the head of the Military Department of the State, subordinate only to the Governor as Commander in Chief of the military forces of the State. He is custodian of all militia records and of all State and United States Military Equipment in the State. He renders an annual report to the Governor of the condition of the militia and accounts for all moneys received and disbursed for military purposes. He issues all orders relative to carrying into execution and perfecting the military establishment under the laws of the State and the United States.

The _Commissioner of Commerce and Labor_ is elected at the same time and in the same manner as the Governor and the State House Officers for a term of two years. He is aided by an a.s.sistant commissioner and chief clerk. His duties are to provide for the collection and dissemination of authentic statistics pertaining to the various industries and resources of the State; also to collect data relative to the condition and welfare of laboring people and such other statistics concerning the industrial welfare of the citizens of the State as he may deem of interest and benefit to the public: He is especially required to investigate the operation and enforcement of various laws relative to the employment of child labor and of women. He may act as a mediator between employers and employees in the case of strikes, and tender his good offices to the opposing parties with a view to bringing about friendly and satisfactory adjustments. He makes a full report to the Governor, with such recommendations as may be likely to promote the efficiency of his Department.

The _Railroad Commission_ consists of five members, one or two being elected every second year, for a term of six years. It is the duty of the Commission to protect the people from excessive pa.s.senger or freight rates on the various railroads operating in the State, and to prevent unjust discrimination. The Commissioners have the power to examine the books of any railroad company, to examine its officers and agents as to their methods of conducting the business of the road, and to examine the road to see that it is not in an unsafe and dangerous condition, and when any part is found to be unsafe, to require the company to put it in such condition as will render travel safe and expeditious.

The Commission also has a similar control over street railroads, wharves, docks, gas, electric light and power, terminal, express, telephone, telegraph, and cotton compress companies. The Commission is called upon to consider, hear, and adjust mult.i.tudes of differences and complaints that arise in reference to services, rates, and practices of more than two hundred public service corporations that are within its supervisory and regulatory jurisdiction.

Each of the companies, or corporations, over which the Railroad Commission has authority, before issuing stocks, bonds, notes, or other evidence of debt payable more than twelve months after the date thereof, must secure the approval and authority of the Commission; also they must show the purpose and use for which such issues are authorized.

The _Prison Commission_ consists of three Commissioners elected by the people for a term of six years. The Commissioners elect one of their number chairman. All convicts, all convict camps, and the State Farm are under the direct supervision of the Prison Commission, which provides rules and regulations, subject to the approval of the Governor, for their management, discipline, and sanitation. Some member of the Prison Commission makes personal visits to the various convict camps of the State every six months and makes a thorough inspection of every detail of management, plan of operation, sanitation, and treatment of the convicts. The Commission apportions the convicts to the various counties desiring to use convict labor on the public roads.

The Prison Commission hears applications for pardons and makes recommendations for executive clemency to the Governor, but he may reject their advice.

JUDICIAL SYSTEM.--The judicial branch of our State government is vested in the Supreme Court, the Court of Appeals, superior courts, county, and city courts, courts of ordinary, justice courts, and courts recently established in certain cities in lieu of justice courts.

The difference in the courts consists of their varied jurisdiction.

Jurisdiction is the power to hear and determine cases. Two questions are usually involved in determining the jurisdiction of a court.

First, the residence of the defendant, and, second, the amount involved and the subject matter of the litigation. The jurisdiction of a court is usually limited to a particular territory, and, with the exception of the superior courts, it is limited as to the character of the litigation.

In each militia district of every county of the State, except in certain cities, there is a _justice court_. This court was established for the trial of cases involving small amounts, and for the preliminary trials of persons charged with offenses against the laws of the State.

The justice is elected for a term of four years by the voters of the county. To be eligible for this office one must have been a resident of the district for three months, and such other qualifications apply as do to voters for members of the General a.s.sembly. This court holds its sessions monthly.

Upon the recommendation of the grand jury of the county, a _notary public_ and _ex-officio justice of the peace_ may be appointed by the judge of the superior court and commissioned by the Governor. His powers are the same as a regularly elected justice, and his term of office is for the same number of years.

The jurisdiction of the court extends to all cases arising from contracts, or injuries, or damages to personal property, when the amount claimed does not exceed $100. Contests for the possession of personal property, when the t.i.tle is not involved, may also be tried in justice courts. When the amount involved is less than $50 an appeal may be had to a jury of five men; if the amount exceeds $50, an appeal may be had to the superior court.

Upon the arrest of any person charged with any offense against the laws of the State he can be brought before the justice of the peace for a preliminary trial. If in the opinion of the justice there is sufficient evidence, he is bound over to a higher court for trial.

The justice of the peace can issue warrants for the arrest of persons charged with crimes, and is qualified to administer oaths. The executive officer of the justice court is the _constable_, who is elected by the people for a term of two years. He serves subpoenas, levies executions, conducts the sales of the court, and makes arrests.

In 1912, the provisions of the Const.i.tution recommending the establishment of justice courts in each militia district were amended so as to allow such justice courts, the office of justice of the peace, and of notary public, _ex-officio_ justice of the peace, to be abolished in certain cities in Georgia by the establishment in lieu thereof of such court, or system of courts, as the General a.s.sembly may deem necessary. Such courts have been established in Atlanta and Macon. The territory, jurisdiction, and power of these courts are set forth in the act creating them.

A _county court_ is established upon the recommendation of a grand jury in a county. The judge of the court is appointed by the Governor for a term of four years. The judge of a county court must be twenty-one years of age, and must have been a resident of the county one year.

The court holds monthly and quarterly sessions at the county seat. The jurisdiction of the court extends over the county where it is located.

The court has jurisdiction in all civil cases where the amount involved does not exceed $500, save where exclusive jurisdiction is given to the superior courts. Criminal cases are also tried in county courts when the crime with which the defendant is charged is called a misdemeanor.

In some counties also there are county courts established by special acts of the Legislature.

Many _city courts_ have been established by the Legislature. The judge of a city court is appointed by the Governor, or elected by the people, according to the provisions of the act establishing the court. The term and the qualifications of the judge, and the jurisdiction of the city court, are also fixed by the legislative act creating the court.

The term is sometimes four years and sometimes two.

The _solicitor_ of the city court is appointed by the Governor, or elected by the people, for a term of two or four years. It is his duty to represent the State in all criminal cases tried in that court.

There is in each county of the State a _court of ordinary_. The presiding officer of this court is styled the _ordinary_. He is elected by the voters of the county for a term of four years. The jurisdiction of the court of ordinary extends throughout the county over all matters relating to the administration of property of deceased persons, orphans, idiots, lunatics, and insane persons. In the ordinary is vested the power of appointing guardians of the person of orphans and insane persons. The ordinary also has charge of county roads and revenues where no board of county commissioners has been established. The ordinary is clerk of his own court, and the sheriff of the county is his executive officer.

The State is divided into twenty-six _judicial circuits_, and each circuit has one _superior court judge_ (or mote than one if the Legislature so provides). This judge is elected by the people for a term of four years. To be eligible he must be thirty years of age; he must have been a citizen of the State for three years, and must have practiced law seven years.

The _superior courts_ have original and appellate jurisdiction.

Actions may be begun in this court, and actions may be appealed to this court. The original jurisdiction of this court extends exclusively over all suits for divorce, suits where t.i.tles to land are involved, cases in equity, and criminal cases where the person is accused of a crime the punishment for which is loss of life or imprisonment in the penitentiary. Offenses of a lesser grade are called misdemeanors. The court has jurisdiction over all civil cases. The _judge_ of the superior court has the power to issue various writs for the enforcement of the law, and grant charters to all corporations, except banking, insurance, railroad, ca.n.a.l, navigation, express, telephone, and telegraph companies. Cases appealed from justice courts, county courts, courts of ordinary, and certain city courts lie to the superior courts.

The _clerk_ of the Superior court is elected by the people for a term of two years. He has custody of all court papers, records, liens, deeds, mortgages, and other conveyances, issues executions, subpoenas, commissions to take interrogatories, and other writs with the authority of the court. He also has the power to administer oaths.

The _sheriff_ of the county is properly a county officer, but his duties are closely allied with the superior court. He is elected by the people for a term of two years. It is his duty to execute all orders of the court, attend in person or by deputy all its sessions, keep a record of all sales and executions, publish advertis.e.m.e.nts of sales, and conduct sales at the county seat. He levies executions, serves warrants, and executes all the writs of the judge of the superior court. The sheriff may appoint deputies to a.s.sist him in the performance of his duties.