CONSTITUTION
OF
PREAMBLE.
We,
the
people of the State of
ARTICLE
I
DECLARATION OF
RIGHTS
That
the great, general and essential principles of liberty and free government
may be recognized and established, we declare :
1.
That all men are equally free and independent; that they are endowed by
their Creator with certain inalienable rights; that among these are life,
liberty and the pursuit of happiness.
2.
That all political power is inherent in the people, and all free governments
are founded on their authority and instituted for their benefit; and that,
therefore, they have at all times an inalienable and indefeasible right to
change their form of government in such manner as they may deem expedient.
3.
That no religion shall be established by law; that no preference shall be
given by law to any religious sect, society, denomination or mode of
worship; that no one shall be compelled by law to attend any place of
worship; nor to pay any tithes, taxes or other rates for building or
repairing any place of worship, or for maintaining any minister or
ministry; that no religious test shall be required as a qualification to
any office or public trust under this State; and that the civil rights,
privileges and capacities of any citizen shall not be in any manner affected
by his religious principles.
4.
That no law shall ever be passed to curtail or restrain the liberty of
speech or of the press; and any person may speak, write and publish his
sentiments on all subjects, being responsible for the abuse of that liberty.
5.
That the people shall be secure in their persons, houses, papers and
possessions from unreasonable seizures or searches, and that no warrants
shall issue to search any place or to seize any person or thing without
probable cause, supported by oath or affirmation.
6. That in all criminal prosecutions
the accused has a right to be heard by himself and counsel, or either; to
demand the nature and cause of the accusation and to have a copy thereof; to
be confronted by the witnesses against him; to have compulsory process for
obtaining witnesses in his favor; to testify in all cases in his own
behalf, if he elects so to do; and in all prosecutions by indictment, a
speedy public trial, by an impartial jury of the county or district in which
the offense was committed; and he shall not be compelled to give evidence
against himself, nor be deprived of life, liberty or property, except by due
process of law; but the Legislature may, by a general law, provide for a
change of venue at the instance of the defendant in all prosecutions by
indictment, and such change of venue on application of the defendant, may
be heard and determined without the personal presence of the defendant so
applying therefor; provided, that at the time of
the application for the change of venue, the defendant is imprisoned in
jail or some legal place of confinement.
7.
That no person shall be accused, or arrested, or detained, except in cases
ascertained by law, and according to the form
which the same has prescribed; and no person shall be punished but by virtue
of a law established and promulgated prior to the offense and legally
applied.
8.
That no person shall for any indictable offense be proceeded against
criminally by information, except in cases arising in the militia and
volunteer forces when in actual service, or when assembled under arms as a
military organization, or, by leave of the court, for misfeasance,
misdemeanor, extortion and oppression in office, otherwise than is
provided in this Constitution; provided, that in cases of misdemeanor, the
Legislature may by law dispense with a Grand Jury and authorize such
prosecutions and proceedings before Justices of the Peace or such other
inferior courts as may be by law established.
9.
That no person shall, for the same offense, be twice put in jeopardy of life
or limb; but courts may, for reasons fixed by law, discharge juries from the
consideration of any case, and no person shall gain any advantage by reason
of such discharge of the jury.
10.
That no person shall be barred from prosecuting or defending before any
tribunal in this State, by himself or counsel, any civil cause to which he
is a party.
11. That the right of trial by jury shall remain inviolate.
12.
That in all prosecutions for libel or for the publication of papers
investigating the official conduct of officers or men in public capacity, or
when the matter published is proper for public information, the truth
thereof may be given in evidence; and that in all indictments for libel, the
jury shall have the right to determine the law and the facts under the
direction of the court.
13.
That all courts shall be open; and that every person for any injury done him
in his lands, goods, person or reputation, shall have a remedy by due
process of law; and right and justice shall be administered without sale,
denial or delay.
14.
That the State of
15.
That excessive fines shall not be imposed nor cruel or unusual punishment
inflicted.
16.
That all persons shall, before conviction, be bailable
by sufficient sureties, except for capital offenses, when the proof is
evident or the presumption great; and that excessive bail shall not in any
case be required.
17.
That the privilege of the writ of habeas corpus shall not be suspended by
the authorities of this State.
18.
That treason against the State shall consist only in levying war against it,
or adhering to its enemies, giving them aid and comfort; and that no
person shall be convicted of treason, except on the testimony of two
witnesses to the same overt act, or his own confession in open court.
19.
That no person shall be attainted of treason by the Legislature; and no
conviction shall work corruption of blood or forfeiture of estate.
20. That no person shall be imprisoned for debt.
21.
That no power of suspending laws shall be exercised except by the
Legislature.
22.
That no ex post facto law, nor any law impairing the obligation of
contracts, or making any irrevocable or exclusive grants of special
privileges or immunities, shall be passed by the Legislature; and every
grant of a franchise, privilege or immunity, shall forever remain subject to
revocation, alteration or amendment.
23. That the exercise of the right of
eminent domain shall never be abridged nor so construed as to prevent the
Legislature from taking the property and franchises of incorporated
companies, and subjecting them to public use in the same manner in which
the property and franchises of individuals are taken and subjected; but
private property shall not be taken for, or applied to, public use, unless
just compensation be first made therefor; nor
shall private property be taken for private use, or for the use of
corporations, other than municipal, without the consent of the owner;
provided, however, the Legislature may by law secure to persons or
corporations the right of way over the lands of other persons or
corporations, and by general laws provide for and regulate the exercise by
persons and corporations of the rights herein reserved; but just
compensation shall in all cases be first made to the owner; and provided,
that the right of eminent domain shall not be so construed as to allow
taxation or forced subscription for the benefit of railroads or any other
kind of corporations, other than municipal, or for the benefit of any
individual or association.
24.
That all navigable waters shall remain forever public highways, free to
the citizens of the State and the United States, without tax, impost or
toll; and that no tax, toll, impost or wharfage
shall be demanded or received from the owner of any merchandise or
commodity for the use of the shores or any wharf erected on the shores, or
in or over the waters, of any navigable stream, unless the same be expressly
authorized by law.
25.
That the citizens have a right, in a peaceable manner, to assemble
together for the common good, and to apply to those invested with the power
of government for redress or grievances or other purposes, by petition,
address or remonstrance.
26.
That every citizen has a right to bear arms in defense of himself and the
State.
27. That no standing army shall be
kept up without the consent of the Legislature, and, in that case, no
appropriation for its support shall be made for a longer term than one
year; and the military shall, in all cases, and at all times, be in strict
subordination to the, civil power.
28.
That no soldier shall, in time of peace, be quartered in any house without
the consent of the owner, nor, in time of war, but in a manner to be
prescribed by law.
29.
That no title of nobility or hereditary distinction, privilege, honor or
emolument, shall ever be granted or conferred in this State; and that no
office shall be created, the appointment to which shall be for a longer time
than during good behavior.
30.
That immigration shall be encouraged; emigration shall not be prohibited,
and no citizen shall be exiled.
31.
That temporary absence from the State shall not cause a forfeiture of
residence once obtained.
32.
That no form of slavery shall exist in this State; and there shall not be
any involuntary servitude, otherwise than for the punishment of crime, of
which the party shall have been duly convicted.
33.
The privilege of suffrage shall be protected by laws regulating elections
and prohibiting, under adequate penalties, all undue influences from
power, bribery, tumult or other improper conduct.
34.
Foreigners who are, or may hereafter become, bona fide residents of this
State, shall enjoy the same rights in respect to the possession, enjoyment
and inheritance of property as native born citizens.
35.
That the sole object and only legitimate end of government is to protect the
citizen in the enjoyment of life, liberty and property, and when the
government assumes other functions it is usurpation and oppression.
36.
That this enumeration of certain rights shall not impair or deny others
retained by the people; and, to guard against any encroachments on the
rights herein retained, we declare that everything in this Declaration of
Rights is excepted out of the general powers of
government, and shall forever remain inviolate.
ARTICLE II
STATE
AND
37. The boundaries of this State are established and
declared to be as follows, that is to say: Beginning at the point where the
thirty-first degree of north latitude crosses the Perdido
river; thence east, to the western boundary line of the State of Georgia;
thence along said line to the southern boundary line of the State of
Tennessee; thence west, along the southern boundary line of the State of
Tennessee, crossing the Tennessee river, and on to the second intersection
of said river by said line; thence up said river
to the mouth of Big Bear creek; thence by a direct line to the northwest
corner of Washington county, in this State, as originally formed; thence
southwardly along the line of the State of Mississippi, to the Gulf of
Mexico; thence eastwardly, including all islands within six leagues of the
shore, to the Perdido river; thence up the said
river to the beginning; provided that the limits and jurisdiction of this
State shall extend to and include any other land and territory hereafter
acquired by contract or agreement with other States, or otherwise, although
such land and territory are not included within the boundaries
hereinbefore designated.
38.
The boundaries of the several counties of this State, as they now exist, are
hereby ratified and confirmed.
39.
The Legislature may by a vote of two-thirds of each House thereof arrange
and designate boundaries for the several counties of this State, which
boundaries shall not be altered, except by a like vote; but no new county
shall be formed hereafter of less extent than six hundred square miles, and
no existing county shall be reduced to less than six hundred square miles;
and no new county shall be formed unless it shall contain a sufficient
number of inhabitants to entitle it to one Representative under the ratio of
representation existing at the time of its formation, and leave the county
or counties from which it is taken with the required number of inhabitants
to entitle such county or counties, each, to separate representation;
provided, that out of the counties of Henry, Dale and Geneva a new county of
less than six hundred square miles may be formed under the provisions of
this article, so as to leave said counties of Henry, Dale and Geneva with
not less than five hundred square miles each.
40.
No county line shall be altered or changed, or, in the event of the creation
of new counties, shall be established, so as to run within seven miles of
the county court house of any old county.
41.
No court house or county site shall be removed except by a majority vote of
the qualified electors of said county, voting at an election held for such
purpose, and when an election has once been held no other election shall be
held for such purpose until the expiration of four years; provided, that
the county site of Shelby county shall remain at Columbiana, unless removed
by a vote of the people as provided for in an act entitled, "An Act to
provide for the permanent location of the county site of Shelby county,
Alabama, by a vote of the qualified electors of said county," approved
the 9th day of February, 1899, and the act amendatory thereof, approved the
20th day of February, 1899, or by an election held under the provisions of
this article.
ARTICLE III
DISTRIBUTION
OF
POWERS
OF
42.
The powers of the government of the State of Alabama shall be divided into
three distinct departments, each of which shall be confided to a separate
body of magistracy, to-wit: That which are legislative, to one; those which
are executive, to another; and those which are judicial, to another.
43.
In the government of this State, except in the instances in this
Constitution hereinafter expressly directed or permitted, the legislative
department shall never exercise the executive and judicial powers, or either
of them; the executive shall never exercise the legislative and judicial
powers, or either of them; the judicial shall never exercise the legislative
and executive powers, or either of them; to the end that it may be a
government of laws and not of men.
ARTICLE IV
LEGISLATIVE
DEPARTMENT
44.
The legislative power of this State shall be vested in a Legislature,
which shall consist of a Senate and a House of Representatives.
45.
The style of the laws of this State shall be: " Be
it enacted by the Legislature of Alabama," which need not be repeated,
but the act shall be divided into sections for convenience, according to
substance ; and the sections designated merely -by figures. Each law shall
contain but one subject, which shall be clearly expressed in its title,
except general appropriation bills, general revenue bills, and bills
adopting a code, digest, or revision of statutes; and no law shall be
revived, amended, or the provisions thereof extended or conferred, by
reference to its title only; but so much thereof as is revived, amended,
extended, or conferred, shall be re-enacted and published at length.
46.
Senators and Representatives shall be elected by the qualified electors on
the first Tuesday after the first Monday in November, unless the Legislature
shall change the time of holding elections, and in every fourth year
thereafter. The terms of office of the Senators and Representatives shall
commence on the day after the general election at which they are elected,
and expire on the day after the general election held in the fourth year
after their election, except as otherwise provided in this Constitution. At
the general election in the year nineteen hundred and two all the
Representatives, together with the Senators for the even numbered districts
and for the Thirty-fifth district, shall be elected. The terms of those
Senators who represent the odd numbered districts under the law in force
prior to the ratification of this Constitution are hereby extended until the
day after the general election in the year nineteen hundred and six; and
until the expiration of his terms as hereinbefore extended, each such
Senator shall represent the district established by this Constitution
bearing the number corresponding with that for which he was elected. In the
year nineteen hundred and six, and in every fourth year thereafter, all the
Senators and Representatives shall be elected. Whenever a vacancy shall
occur in either House the Governor shall issue a writ of election to fill
such vacancy for the remainder of the term.
47.
Senators shall be at least twenty-five years of age, and Representatives
twenty-one years of age at the time of their election. They shall have been
citizens and residents of this State for three years, and residents of their
respective counties or districts for one year next before their election, if
such county or district shall have been
so
long established; but if not, then of the county or district from which the
same shall have been taken; and they shall reside in their respective
counties or districts during their terms of office.
48.
The Legislature shall meet quadrennially at the
Capitol, in the Senate chamber, and in the Hall of the House of
Representatives, on the second Tuesday in January next succeeding their
election, or on such other day as may be prescribed by law; and shall not
remain in session longer than sixty days at the first session held under
this Constitution, nor longer than fifty days at any subsequent session.
If at any time it should from any cause become impossible or dangerous for
the Legislature to meet or remain at the Capitol or for the Senate to meet
or remain in the Senate Chamber, or for the Representatives to meet or
remain in the Hall of the House of Representatives, the Governor may convene
the Legislature, or remove it, after it has convened, to some other place,
or may designate some other place for the sitting of the respective Houses,
or either of them, as necessity may require.
49.
The pay of the members of the Legislature shall be four dollars per day, and
ten cents per mile in going to and returning from the seat of government, to
be computed by the nearest usual route traveled.
50.
The Legislature shall consist of not more than thirty-five Senators, and
not more than one hundred and five members of the House of Representatives,
to be apportioned among the several districts and counties as prescribed in
this Constitution; provided that in addition to the above number of
Representatives each new county hereafter created shall be entitled to one
Representative.
51. The Senate, at the beginning of
each regular session, and at such other times as may be necessary, shall
elect one of its members president pro tern thereof, to preside over its
deliberations in the absence of the Lieutenant-Governor; and the House of
Representatives, at the beginning of each regular session, and at such
other times as may be necessary, shall elect one of its members as Speaker;
and the President of the Senate and the Speaker of the House of
Representatives shall hold their offices, respectively, until their
successors are elected and qualified. In case of the temporary disability
of either of said presiding officers, the House to which he belongs may
elect one of its members to preside over that House, and to perform all
the duties of such officer during the continuance of his disability; and
such temporary officer, while performing duty as such, shall receive the
same compensation to which the permanent officer is entitled by law, and no
other. Each House shall choose its own officers, and shall judge of the
election, returns and qualifications of its members.
52.
A majority of each House shall constitute a quorum to do business; but a
smaller number may adjourn from day to day and compel the attendance of
absent members, in such manner, and under such penalties as each House may
provide.
53. Each House shall have power to
determine the rules of its proceedings, and to punish its members and
other persons, for contempt or disorderly behavior in its presence; to
enforce obedience to its processes; to protect its members against violence
or offers of briber or corrupt solicitation; and, with the concurrence of
two-thirds of the House, to expel a member, but not a second time for the
same offense; and the two Houses shall have all the powers necessary for the
Legislature of a free State.
54.
A member of the Legislature expelled for corruption shall not thereafter be
eligible to either House; and punishment for
contempt or disorderly behavior shall not bar an indictment for the same
offense.
55.
Each House shall keep a Journal of its proceedings, and cause the same to be
published immediately after its adjournment, excepting such parts as, in
its judgment, may require secrecy; and the yeas and nays of the members of
either House on any question shall, at the request of one-tenth of the
members present, be entered on the Journal. Any member of either House shall
have liberty to dissent from or protest against, any act or resolution which
he may think injurious to the public, or to an individual, and have the
reason for his dissent entered on the Journal.
56.
Members of the Legislature shall in all cases, except treason, felony,
violation of their oath of office, and breach of the peace, be privileged
from arrest during their attendance at the session of their respective
houses, and in going to and returning from the same; and for any speech or
debate in either House they shall not be questioned in any other place.
57.
The doors of each House shall be opened except on such occasions as, in
the opinion of the House, may require secrecy; but no person shall be
admitted to the floor of either House while the same is in session, except
members of the Legislature, officers and employees of the two Houses, the
Governor and his secretaries, representatives of the press and other persons
to whom either House, by unanimous vote, may extend the privileges of its
floor.
58.
Neither House shall, without consent of the other, adjourn for more than
three days, nor to any other place than that in which they may be sitting,
except as otherwise provided in this Constitution.
59.
No Senator or Representative shall, during the term for which he shall have
been elected, be appointed to any office of profit under this State, which
shall have been created, or the emoluments of which shall have been
increased during such term, except such offices as may be filled by election
by the people.
60.
No person convicted of embezzlement of the public money, bribery, perjury,
or other infamous crime, shall be eligible to the Legislature or capable of
holding any office of trust or profit in this State.
61.
No law shall be passed except by bill, and no bill shall be so altered or
amended on its passage through either House as to change the original
purpose.
62.
No bill shall become a law until it shall have been referred to a standing
committee of each House, acted upon by such committee in session, and
returned therefrom, which facts shall
affirmatively ap-"pear upon the Journal of
each House.
63. Every bill shall be read on three different days in each House, and
no bill shall become a law unless on its final passage it be read at length,
and the vote to be taken by yeas and nays, the names of the members voting
for and against the same be entered upon the Journal, and a majority of each
House be recorded thereon as voting in its favor, except as otherwise
provided in this Constitution.
64.
No amendment to bills shall be adopted except by a majority of the House
wherein the same is offered, nor unless the amendment, with the names of
those voting for and against the same, shall be entered at length on the
Journal of the House in which the same is adopted; and no amendment to bills
by one House shall be concurred in by the other, unless a vote be taken by
yeas and nays, and the names of the members voting for and against the same
be recorded at length on the Journal; and no report of a committee of
conference shall be adopted in either House except upon a vote taken by yeas
and nays and entered on the Journal as herein provided for the adoption of
amendments.
65. The Legislature shall have no
power to authorize lotteries or gift enterprises for any purpose, and shall
pass laws to prohibit the sale in this State of lottery or gift enterprise
tickets, or tickets in any scheme in the nature of a lottery; and all acts
or parts of acts heretofore passed by the Legislature of this State,
authorizing a lottery or lotteries, and all acts amendatory thereof, or
supplemental thereto, are hereby avoided.
66.
The presiding officer of each House shall, in the presence of the House over
which he presides, sign all bills and joint resolutions passed by the
Legislature, after the same shall have been publicly lead at length
immediately before signing, and the fact of reading and signing shall be
entered upon the Journal; but the reading at length may be dispensed with by
a two-thirds vote of a quorum present, which fact shall also be entered on
the Journal.
67.
The Legislature shall prescribe by law the number, duties and compensation
of the officers and employes of each House, and
no payment shall be made from the State Treasury or be in any way
authorized to any person except to an acting officer or employe
elected or appointed in pursuance of law.
68.
The legislature shall have no power to grant, or to authorize or require any
county or municipal authority to grant, nor shall any county or municipal
authority have power to grant, any extra compensation, fee or allowance to
any public officer, servant or employee, agent or contractor, after service
shall have been rendered or contract made; nor to increase or decrease the
fees and compensation of such officers, during their terms of office; nor
shall any officer of the State bind the State to the payment of any sum of
money, but by authority of law; provided this section shall not apply to
allowances made by commissioners' court, or boards of revenue to county
officers for ex-officio services, nor prevent the Legislature from
increasing or diminishing at any time the allowance to sheriffs or other
officers for feeding, transferring or guarding prisoners.
69.
All stationery, printing, paper and fuel used in the legislative and other
departments of government, shall be furnished, and the printing, binding and
distribution of laws, Journals, department reports and all other printing,
binding and repairing, and furnishing the halls and rooms used for the
meeting of the Legislature and its committees, shall be performed, under
contract, to be given to the lowest responsible bidder below a maximum
price, and under suchregulations as shall be
prescribed by law; no member or officer of any department of the government
shall be in any way interested in such contracts, and all such contracts
shall be subject to the approval of the Governor, Auditor, and Treasurer.
70.
All bills for raising revenue shall originate in the House of
Representatives. The Governor, Auditor and Attorney General shall, before
each regular session of the Legislature, prepare a general revenue bill, to
be submitted to the Legislature for its information, and the Secretary of
State shall have printed for the use of the Legislature a sufficient
number of copies of the bill so prepared, which the Governor shall transmit
to the House of Representatives as soon as organized to be used or dealt
with as that House may elect. The Senate may propose amendments to revenue
bills. No revenue bill shall be passed during the last five days of the
session.
71.
The general appropriation bill shall embrace nothing but appropriations for
the ordinary expenses of the Executive, Legislative and Judicial
departments of the State, for interest on the public debt, and for the
public schools. The salary of no officer or employe
shall be increased in such bill, nor shall any
appropriation be made therein for any officer or employee, unless his
employment and the amount of his salary have already been provided for by
law. All other appropriations shall be made by separate bills, each
embracing but one subject.
72.
No money shall be paid out of the Treasury except upon appropriations made
by law, and on warrants drawn by the proper officer in pursuance thereof;
and a regular statement and account of receipts and expenditures of all
public moneys shall be published annually, in such manner as may be by law
directed.
73.
No appropriation shall be made to any charitable or educational
institution not under the absolute control of the State, other than normal
schools established by law for the professional training of teachers for the
public schools of the State, except by a vote of two-thirds of all the
members elected to each House.
74.
No act of the Legislature shall authorize the investment of any trust funds
by executors, administrators, guardians or other trustees in the bonds or
stocks of any private corporation; and any such acts now existing are
avoided, saving investments heretofore made.
75.
The power to change the venue in civil and criminal causes is vested in the courts,
to be exercised in such manner as shall be provided by law.
76.
When the Legislature shall be convened in special session, there shall be no
legislation upon subjects other than those designated in the proclamation of
the Governor calling such session, except by a vote of two-thirds of each
House. Special sessions shall be limited to thirty days.
77.
No State office shall be continued or created for the inspection or
measuring of any merchandise, manufacture or commodity; but any county or
municipality may appoint such officers when authorized by law.
I
78.
No act of the Legislature changing the seat of government of the State shall
become a law until the same shall have been sub-limited to the qualified
electors of the State, at a general election, and approved by a majority of
such electors voting on the same; and such act shall specify the proposed
new location.
79.
A member of the Legislature who shall solicit, demand or receive or consent
to receive, directly or indirectly, for himself or for another, from any
company, corporation, association or person, any money, office, appointment,
employment, reward, thing of value or enjoyment, or of personal advantage,
or promise thereof, for his vote or official influence, or for withholding
the same; or with an understanding, expressed or implied, that his vote, or
official action, shall be in any way influenced thereby; or who shall
solicit or demand any such money or other advantage, matter or thing
aforesaid, for another as the consideration for his vote, or influence, or
for withholding the same; or shall give or withhold his vote or influence,
in consideration of the payment or promise of such money, advantage, matter
or thing to another, shall be guilty of bribery within the meaning of this
Constitution, and shall incur the disabilities and penalties provided
thereby for such offense, and such additional punishment as is or shall be
provided by law.
80.
Any person who shall, directly or indirectly, offer, give or promise any
money, or thing of value, testimonial, privilege or personal advantage, to
any executive or judicial officer or member of the Legislature, to influence
him in the performance of any of his public or official duties, shall be
guilty of bribery, and be punished in such manner as may be provided by law.
81.
The offense of corrupt solicitation of members of the Legislature, or of
public officers of this State, or of any municipal division thereof, and any
occupation or practice of solicitation of such members or officers, to
influence their official action, shall be defined by law, and shall be
punished by fine and imprisonment in the penitentiary ; and the
Legislature shall provide for the trial and punishment of the offenses
enumerated in the two preceding sections, and shall require the judges to
give the same specially in charge to the grand juries in all the counties of
this State.
82.
A member of the Legislature who has a personal or private interest in any
measure or bill proposed or pending before the Legislature,
shall disclose the fact to the House of which he is a member, and shall not
vote thereon.
83.
In all elections by the Legislature the members shall vote viva voce, and
the votes shall be entered on the Journal.
84.
It shall be the duty of the Legislature to pass such laws as may be
necessary and proper to decide differences by arbitrators to be appointed by
the parties who may choose that mode of adjustment.
85.
It shall be the duty of the Legislature, at its first session after the
ratification of this Constitution, and within every subsequent period of
twelve years, to make provision by law for revising, digesting and
promulgating the public statutes of this State of a general nature, both
civil and criminal.
86.
The Legislature shall pass such penal laws as it may deem expedient to
suppress the evil practice of dueling.
87.
It shall be the duty of the Legislature to regulate by law the cases in
Avouch deduction shall be made from the salaries or compensation of public
officers for neglect of duty in their official capacities, and the amount of
such deduction.
88.
It shall be the duty of the Legislature to require the several counties of
this State to make adequate provision for maintenance of the poor.
89.
The Legislature shall not have power to authorize any muni
cipal corporation to pass any laws inconsistent
with the general laws of this State.
90.
In the event of the annexation of any foreign territory to this State, the
Legislature shall enact laws extending to the inhabitants of the acquired
territory all the rights and privileges which may be required by the terms
of acquisition not inconsistent with this Con-stitution.
Should the State purchase such foreign territory, the Legislature, with
the approval of the Governor, shall be authorized to expend any money in the
Treasury not otherwise appropriated, ands if necessary, to
provide also for the issuance of State bonds, to pay for the purchase of
such foreign territory.
91.
The Legislature shall not tax the property, real or personal, of the State,
counties or other municipal corporations, or cemeteries; nor lots in
incorporated cities or towns, or within one mile of any city or town to the
extent of one acre; nor lots one mile or more distant from such cities, or
towns, to the extent of five acres, with the buildings thereon, when same
are used exclusively for religious worship, for schools, or for purposes
purely charitable.
92.
The Legislature shall by law prescribe such rules and regulations as may
be necessary to ascertain the value of real and personal property exempted
from sale under legal process by this Constitution, and to secure the same
to the claimant thereof as selected.
93.
The State shall not engage in works of internal improvement, nor lend money
or its credit in aid of such; nor shall the State be interested in any
private or corporate enterprise, or lend money or its credit to any
individual, association or corporation.
94.
The Legislature shall not have power to authorize any county, city, town, or
other subdivision of this State to lend its credit, or to grant public money
or thing of value in aid of, or to, any individual, association or
corporation whatsoever, or to become a stockholder in any such corporation,
association or company, by issuing bonds or otherwise.
95.
There can be no law of this State impairing the obligation of contracts by
destroying or impairing the remedy for their enforcement
; and the Legislature shall have no power to revive any right or
remedy which may have become barred by lapse of time, or by any statute of
this State. After suit has been commenced on any cause of action, the
Legislature shall have no power to take away such cause of action, or
destroy any existing defense to such suit.
96.
The Legislature shall not enact any law not applicable to all the counties
in the State, regulating costs and charges of courts, or fees, commissions
or allowances of public officers.
97.
The Legislature shall not authorize payment to any person of the salary of a
deceased officer beyond the date of his death.
98.
The Legislature shall not retire any officer on pay, or part pay, or make
any grant to such retiring officer.
99.
Lands belonging to or under the control of the State shall never be donated
directly or indirectly to private corporations, associations, or
individuals, or railroad companies; nor shall such lands be sold to
corporations or associations for a less price than that for which they are
subject to sale to individuals; provided, that nothing contained in this
section shall prevent the Legislature from granting a right of way, not
exceeding one hundred and twenty-five feet in width, as a mere easement, for
railroads or telegraph or telephone lines across State lands, and the
Legislature shall never dispose of the land covered by such right of way
except subject to such easement.
100. No obligation or liability of
any person, association or corporation held or owned by this State, or by
any county or other municipality thereof, shall ever be remitted, released
or postponed, or in any way diminished, by the Legislature; nor shall such
liability or obligation be extinguished except by payment thereof; nor
shall such liability or obligation be exchanged or transferred except upon
payment of its face value; provided, that this section shall not prevent the
Legislature from providing by general law for the compromise of doubtful
claims.
101.
No State or county official shall, at any time during his term of office,
accept either directly or indirectly any fee, money, office, appointment,
employment, reward or thing of value, or of personal advantage, or the
promise thereof, to lobby for or against any measure pending before the
Legislature, or to give or withhold, his influence to secure the passage or
defeat of any such measure.
102.
The Legislature shall never pass any law to authorize or legalize any
marriage between any white person and a negro, or
a descendant of a negro.
103.
The Legislature shall provide by law for the regulation, prohibition or
reasonable restraint of common carriers, partnerships, associations, trusts,
monopolies, and combinations of capital, so as to prevent them or any of
them from making scarce articles of necessity, trade or commerce, or from
increasing unreasonably the cost thereof to the consumer, or preventing
reasonable competition in any calling, trade or business.
LOCAL LEGISLATION
104.
The Legislature shall not pass a special, private or local law in any of the
following cases:
(1) Granting a divorce;
(2) Relieving any minor of
the disabilities of non-age;
(3)
Changing the name of any corporation, association, or individual;
(4) Providing for the
adopting or legitimizing of any child;
(5) Incorporating a city, town or village;
(6)
Granting a charter to any corporation, association, or individual;
(7) Establishing rules of descent or distribution;
(8)
Regulating the time within which a civil or criminal action may be begun;
(9)
Exempting any individual, private corporation or association from the
operation of any general law;
(10)
Providing for the sale of the property of any individual or estate;
(11) Changing or
locating a county seat;
(12) Providing for a change
of venue in any case;
(13) Regulating the
rate of interest;
(14) Fixing the punishment of
crime;
(15)
Regulating either the assessment or collection of taxes, except in
connection with the readjustment, renewal, or extension of existing
municipal indebtedness created prior to the ratification of the Constitution
of eighteen hundred and seventy-five;
(16) Giving effect to an
invalid will, deed or other instrument;
(17)
Authorizing any county, city, town, village, district or other political
subdivision of a county, to issue bonds or other securities unless the
issuance of said bonds or other securities shall have been authorized before
the enactment of such local or special law, by a vote of the duly qualified
electors of such county, township, city, town, village, district or other
political subdivision of a county, at an election held for such purpose, in
the manner that may be prescribed by law; provided, the Legislature may
without such election, pass special laws to refund bonds issued before the
date of the ratification of this Constitution;
(18)
Amending, confirming or extending the charter of any private municipal
corporation, or remitting the forfeiture thereof; provided, this shall not
prohibit the Legislature from altering or re-arranging the boundaries of any
city, town or village;
(19) Creating,
extending or impairing any lien;
(20) Chartering or
licensing any ferry, road or bridge;
(21)
Increasing the jurisdiction and fees of justices of the peace, or the fees
of constables;
(22) Establishing separate
school districts;
(23) Establishing separate
stock districts;
(24)
Creating, increasing or decreasing fees, percentages or allowances of
public officers;
(25) Exempting property from
taxation or from levy or sale;
(26) Exempting any person
from jury, road or other civil duty;
(27)
Donating any lands owned by or under control of the State to any person or
corporation;
(28) Remitting fines,
penalties or forfeitures;
(29) Providing for the conduct of
elections or designating places of voting, or changing the boundaries of
wards, precincts or districts, except in the event of the organization of
new counties, or the changing of the lines of old counties;
(30)
Restoring the right to vote to persons convicted of infamous crimes, or
crimes involving moral turpitude;
(31)
Declaring who shall be liners between precincts or between counties.
104.
The Legislature shall pass general laws for the cases enumerated in this
section, provided that nothing in this section or article shall affect the
right of the Legislature to enact local laws regulating or prohibiting the
liquor traffic; but no such local law shall be enacted unless notice shall
have been given as required in Section 106 of this Constitution.
105.
No special, private or local law, except a law fixing the time of holding
courts, shall be enacted in any case which is provided for by a general law,
or when the relief sought can be given by any court of this State; and the
courts and not the Legislature, shall judge as to whether the matter of said
law is provided for by a general law, and as to whether the relief sought
can be given by any court; nor shall the Legislature indirectly enact any
such special, private or local law by the partial repeal of a general law.
106.
No special, private or local law shall be passed on any subject not
enumerated in Section 104 of this Constitution, except in reference to
fixing the time of holding courts, unless notice of the intention to apply therefor
shall have been published, without cost to the State, in the county or
counties where the matter or thing to be affected may be situated, which
notice shall state the substance of the proposed law and be published at
least once a week for four consecutive weeks in some newspaper published
in such county or counties, or if there is no newspaper published therein,
then by posting the said notice for four consecutive weeks at five different
places in the county or counties prior to the introduction of the bill; and
proof by affidavit that said notice has been given shall be exhibited to
each House of the Legislature, and said proof spread upon the Journal. The
courts shall pronounce void every special, private or local law which the
Journals do not affirmatively show was passed in accordance with the
provisions of this section.
107.
The Legislature shall not, by special, private or local law, repeal or
modify any special, private or local law except upon notice being given and
shown as provided in the last preceding section.
108.
The operation of a general law shall not be suspended for the benefit of any
individual, private corporation or association; nor shall any individual,
private corporation or association be exempted from the operation of any
general law except as in this article otherwise provided.
109.
The Legislature shall pass general laws under which local and private
interests shall be provided for and protected.
110.
A general law within the meaning of this article is a law which apples to
the whole State; a local law is a law which applies to any political
subdivision or subdivisions of the State less than the whole; a special or
private law within the meaning of this article is one which applies to an
individual, association or corporation.
111.
No bill introduced as a general law in either House of the Legislature shall
be so amended on its passage as to become a special, private or local law.
ARTICLE V
EXECUTIVE DEPARTMENT
112.
The Executive department shall consist of a Governor, Lieu-tenant-Governor,
Attorney General, State Auditor, Secretary of State, State Treasurer,
Superintendent of Education, Commissioner of Agriculture and Industries, and
a Sheriff for each county.
113.
The supreme executive power of this State shall be vested in a chief
magistrate, who shall be styled " The
Governor of the State of
114.
The Governor, Lieutenant-Governor, Attorney General, State Auditor,
Secretary of State, State Treasurer, Superintendent of Education and
Commissioner of Agriculture and Industries, shall be elected by the
qualified electors of the State at the same time and places appointed for
the election of members of the Legislature in the year nineteen hundred and
two, and in every fourth year thereafter.
115.
The returns of every election for Governor, Lieutenant-Gov-ernor,
Attorney General, State Auditor, Secretary of State, State Treasurer,
Superintendent of Education and Commissioner of Agriculture and Industries
shall be sealed up and transmitted by the returning officers to the seat of
government, directed to the Speaker of the House of Representatives, who
shall, during the first week of the session to which such returns shall be
made, open and publish them in the presence of both Houses of the
Legislature in joint convention; but the Speaker's duty and the duty of
the joint convention shall be purely ministerial. The result of the election
shall be ascertained and declared by the Speaker from the face of the
returns without delay. The person having the highest number of votes for any
one of said offices shall be declared duly elected; but if two or more
persons shall have an equal and the highest number of votes for the same
office, the Legislature by joint vote, without delay, shall choose one of
said persons for said office. Contested elections for Governor,
Lieutenant-Governor, Attorney General, State Auditor, Secretary of State,
State Treasurer, Superintendent of Education and Commissioner of Agriculture
and Industries shall be determined by both Houses of the Legislature in such
manner as may be prescribed by law.
116.
The Governor, Lieutenant-Governor, Attorney General, State Auditor,
Secretary of State, State Treasurer, Superintendent of Education and
Commissioner of Agriculture and Industries, elected after the ratification
of this Constitution, shall hold their respective offices for the terra of
four years from the first Monday after the second Tuesday in January next
succeeding their election, and until their successors shall be elected and
qualified. After the first election under this Constitution no one of said
officers shall be eligible as his own successor; and the Governor shall not
be eligible to election or appointment to any office under this State, or to
the Senate of the
117.
The Governor and Lieutenant-Governor shall each be at least thirty years of
age when elected, and shall have been citizens of the United States ten
years and resident citizens of this State at least seven years next before
the date of their election. The Lieutenant-Governor shall be ex-officio
President of the Senate, but shall have no right to vote except in the event
of a tie.
118.
The Governor, Lieutenant-Governor, Attorney-General, State Auditor,
Secretary of State, State Treasurer, Superintendent of Education and
Commissioner of Agriculture and Industries shall receive compensation to be
fixed by law, which shall not be increased or diminished during the term for
which they shall have been elected, and shall, except the
Lieutenant-Governor, reside at the State Capital during the time they
continue in office, except during epidemics. The compensation of the
Lieutenant-Governor shall be the same as that received by the Speaker of the
House, except while serving as Governor, during which time his
compensation shall be the same as that allowed the Governor.
119.
If the Legislature, at the session next after the ratification of this
Constitution, shall enact a law increasing the salary of the Governor, such
increase shall become effective and apply to the first Governor elected
after the ratification of this Constitution, if the Legislature shall so
determine.
120.
The Governor shall take care that the laws be faithfully executed.
121.
The Governor may require information in writing, under oath, from the
officers of the executive department, named in this article, or created by
statute, on any subject relating to the duties of their respective offices;
and he may at any time require information in writing, under oath, from all
officers and managers of State institutions, upon any subject relating to
the condition, management and expenses of their respective offices and
institutions. Any such officer or manager who makes a wilfully
false report or fails without sufficient excuse to make the required
report on demand is guilty of an impeachable offense.
122.
The Governor may, by proclamation, on extraordinary occasions, convene the
Legislature at the seat of government, or at a different place if, since
their last adjournment, that shall have become dangerous from an enemy,
insurrection, or other lawless outbreak, or from any infectious or
contagious disease; and he shall state specifically in such proclamation
each matter concerning which the action of that body is deemed necessary.
123.
The Governor shall, from time to time, give the Legislature information of
the state of the government, and recommend for its consideration such
measures as he may deem expedient; and at "the commencement of each
regular session of the Legislature, and at the close of his term of office,
he shall give information by written message of the condition of the State;
and he shall account to the Legislature, as may be prescribed by law, for
all moneys received and paid out by him or by his order; and at the
commencement of each regular session he shall present to the Legislature
estimates of the amount of money required to be raised by taxation for all
purposes.
124.
The Governor shall have power to remit fines and forfeitures under such
rules and regulations as may be prescribed by law; and, after conviction, to
grant reprieves, paroles, commutations of sentence and pardons, except in
cases of impeachment. The Attorney General, Secretary of State, and State
Auditor shall constitute a Board of Pardons, who shall meet on the call of
the Governor, and before whom shall be laid all recommendations or
petitions, for pardon, commutation or parole, in cases of felony; and the
board shall hear them in open session, and give their opinion thereon in
writing to the Governor, after which or on the failure of the board to
advise for more than sixty days, the Governor may grant or refuse the
commutation, parole or pardon, as to him seems best for the public
interest. He shall communicate to the Legislature at each session every
remission of fines and forfeitures, and every reprieve, commutation,
parole or pardon, with his reasons therefor, in
the opinions of the Board of Pardons in each case required to be referred,
stating the name and crime of the convict, the sentence, its date, and the
date of reprieve, commutation, parole or pardon. Pardons in cases of felony
and other offenses involving moral turpitude shall not relieve from civil
and political disabilities, unless approved by the Board of Pardons and
specifically expressed in the pardon.
125.
Every bill which shall have passed both Houses of the Legis-lattire,
except as otherwise provided in this Constitution, shall be presented to the
Governor; if he approve, he shall sign ; it; but
if not, he shall return it with his objections to the House in which it
originated, which shall shall enter the
objections at large upon the Journal and proceed to reconsider it. If the
Governor's message proposes no amendment which would remove his objections
to the bill, the House in which the bill originated may proceed to
reconsider, and if a majority of the whole number elected to that House vote
for the passage of the bill, it shall be sent to the other House, which
shall in like manner reconsider, and if a majority of the whole number
elected to that House vote for the passage of the bill, the same shall
become a law, notwithstanding the Governor's veto. If the Governor's
message proposes amendment, which would remove his objections, the House
to which it is sent may so amend the bill and send it with the Governor's
message to the other House, which may adopt but cannot amend, said
amendment; and both Houses concurring in the amendment, the bill shall
again be sent to the Governor and acted on by him as other bills. If the
House to which the bill is returned refuses to make such amendment, it shall
proceed to reconsider; and if a majority of the whole number elected to that
House shall vote for the passage of the bill, it shall be sent with the
objections to the other House, by which it shall likewise be reconsidered,
and if approved by a majority of the whole number elected to that House, it
shall become a law. If the House to which the bill is returned makes the
amendment and the other House declines to pass the same,
that House shall proceed to reconsider, as though the bill had
originated therein, and such proceedings shall be taken thereon as above
provided. In every such case the vote of both Houses shall be determined by
yeas and nays, and the names of the members voting for or against the bill
shall be entered upon the Journals of each House respectively. If any bill
shall not be returned by the Governor within six days, Sundays excepted,
after it shall have been presented, the same shall become a law in like
manner as if he had signed it, unless the Legislature, by its adjournment,
prevent the return, in which case it shall not be a law; but when return is
prevented by recess, such bill must be returned to the House in which it
originated within two days after the reassembling, otherwise it shall become
a law, but bills presented to the Governor within five days before the final
adjournment of the Legislature may be approved by the Governor at any time
within ten days after such adjournment, and if approved and deposited with
the Secretary of State within that time shall become law. Every vote, order,
or resolution to which concurrence of both Houses may be necessary, except
on questions of adjournment and the bringing on of elections by the two
Houses, and amending this Constitution, shall be presented to the Governor;
and, before the same shall take effect, be approved by him; or, being
disapproved, shall be repassed by both Houses
according to the rules and limitations prescribed in the case of a bill.
126.
The Governor shall have power to approve or disapprove any item or items of
any appropriation bill embracing distinct items, and the part or parts of
the bill approved shall be the law, and the item or items disapproved shall
be void, unless repassed according to the rules
and limitations prescribed for the passage of bills over the executive veto;
and he shall in writing state specifically the item or items he disapproves,
setting the same out in full in his message, but in such case the enrolled
bill shall not be returned with the Governor's objection.
127.
In case of the Governor's removal from office, death or resignation, the
Lieutenant-Governor shall become Governor. If both the Governor and
Lieutenant-Governor be removed from office, die, or resign more than sixty
days prior to the next general election at which any State officers are to
be elected, a Governor and Lieutenant-Governor shall be elected at such
election for the unexpired term, and in the event of a vacancy in the
office, caused by the removal from office, death or resignation of the
Governor and Lieutenant-Governor, pending such vacancy, and until their
successors shall be elected and qualified, the office of Governor shall be
held and administered by either the President pro tem of the Senate, Speaker
of the House of Representatives, Attorney General, State Auditor, Secretary
of State, or State Treasurer in the order herein named. In case of the
impeachment of the Governor, his absence from the State for more than
twenty days, unsoundness of mind, or other disability, the power and
authority of the office shall, until the Governor is acquitted, return to
the State, or is restored to his mind, or relieved from other disability,
devolve in the order herein named upon the Lieutenant-Governor, President
pro tem of the Senate, Speaker of the House of Representatives, Attorney
General, State Auditor, Secretary of State and State Treasurer. If any of
these officers be under any of the disabilities herein specified, the
office of Governor shall be administered in the order named by such of these
officers as may be free from such disability. If the Governor shall be
absent from the State over twenty days, the Secretary of State shall notify
the Lieutenant-Governor, who shall enter upon the duties of Governor; if
both the Governor and Lieutenant-Governor shall be absent from the State
over twenty days, the Secretary of State shall notify the President pro tem
or the Senate, who shall enter upon the duties of Governor, and so on, in
case of such absence, he shall notify each of the other officers named in
their order, who shall discharge the duties of the office until the Governor
or other officer entitled to administer the office in succession to the
Governor returns. If the Governor-elect fails or refuses from any cause to
qualify, the Lieutenant-Governor-elect shall qualify and exercise the duties
of Governor until the Governor-elect qualifies; and in the event both the
Governor-elect and the Lieutenant-Governor-elect from any cause fail to
qualify, the President pro tem of the Senate, the Speaker of the House of
Representatives, the Attorney General, State Auditor, Secretary of State
and State Treasurer shall in like manner, in the order named, administer the
office until the Governor-elect or Lieutenant-Governor-elect qualifies.
128.
If the Governor or other officer administering the office shall appear to be
of unsound mind, it shall be the duty of the Supreme Court of Alabama, at
any regular term, or at any special term, which it is hereby authorized to
call for that purpose, upon request in writing, verified by their
affidavits, of any two of the officers named in Section 127 of this
Constitution, not next in succession to the office of Governor, to ascertain
the mental condition of the Governor or other officer administering the
office, and if he is adjudged to be of unsound mind, to so decree, a copy of
which decree, duly certified, shall be filed in the office of Secretary of
State; and in the event of such adjudication it shall be the duty of the
officer next in succession to perform the duties of the office until the
Governor or other officer administering the office is restored to his mind.
If the incumbent denies that the Governor or other person entitled to
administer the office has been restored to his mind, the Supreme Court, at
the instance of any officer named in Section 127 of this Constitution, shall
ascertain the truth concerning the same, and if the officer has been
restored to his mind, shall so adjudge and file a duly certified copy of its
decree with the Secretary of State; and in the event of such adjudication,
the office shall be restored to him. The Supreme Court shall prescribe the
method of taking testimony and the rules of practice in such proceedings,
which rules shall include a provision for the service of notice of such
proceedings on the Governor or person acting as Governor.
129.
The Lieutenant-Govemor, President pro tem of the
Senate, Speaker of the House, Attorney General, State Auditor, Secretary of
State or State Treasurer, while administering the office of Governor, shall
receive like compensation as that prescribed by law for the Governor, and
no other.
130.
No person shall at the same time hold the office of Governor and any other
office, civil or military, under this State, or the
131.
The Governor shall be commander-in-chief of the militia and volunteer forces
of this State, except when they shall be called into the service of the
United States, and he may call out the same to execute the laws, suppress
insurrection and repel invasion, but need not command in person unless
directed to do so by resolution of the Legislature; and when acting in the
service of the United States, he shall appoint his staff, and the
Legislature shall fix his rank.
132.
No person shall be eligible to the office of Attorney General, State
Auditor, Secretary of State, State Treasurer, Superintendent of Education,
or Commissioner of Agriculture and Industries, unless he shall have been a
citizen of the United States at least seven years, and shall have resided in
this State at least five years next preceding his election, and shall be at
least twenty-five years old when elected.
133.
There shall be a seal of the State which shall be used officially by the
Governor, and the seal now in use shall continue to be used until another
shall have been adopted by the Legislature. The seal shall be called "
The Great Seal of the State of
134. The Secretary of State shall be
the custodian of the Great Seal of the State, and shall authenticate
therewith all official acts of the Governor, except his approval of laws,
resolutions, appointments to office and administrative orders. He shall keep
a register of the official acts of the Governor, and when necessary, shall
attest them, and lay copies of same together with copies of all papers
relative thereto, before either House of the Legislature when required to do
so, and shall perform such other duties as may be prescribed by law.
135.
All grants and commissions shall be issued in the name and by the authority
of the State of
136.
Should the office of Attorney General, State Auditor, Secretary of State,
State Treasurer, Superintendent of Education, or Commissioner of Agriculture
and Industries become vacant from any cause the Governor shall fill such
vacancy until the disability is removed or a successor elected and qualified.
In case any of said officers shall become of unsound mind, such
unsoundness shall be ascertained by the Supreme Court upon the suggestion
of the Governor.
137.
The Attorney General, State Auditor, Secretary of State, State Treasurer,
Superintendent of Education, and Commissioner of Agriculture and Industries
shall perform such duties as may be prescribed by law. The State Treasurer
and State Auditor shall every year, at a time fixed by the Legislature, make
a full and complete report to the Governor, showing the receipts and
disbursements of every character, all claims audited and paid out, by items,
and all taxes and revenues collected and paid into the treasury, and the
sources thereof. They shall make reports oftener upon any matters pertaining
to their offices, if required by the Governor or the Legislature. The
Attorney General, State Auditor, Secretary of State, State Treasurer, and
Commissioner of Agriculture and Industries shall not receive to their use
any fees, costs, perquisites of office or other compensation than the
salaries prescribed by law, and all fees that may be payable for any
services performed by such officers shall be at once " paid into the
State Treasury.
138. A Sheriff shall be elected in
each county by the qualified elec- * tors
thereof, who shall hold office for a term of four years, unless sooner
removed, and he shall be ineligible to such office as his own successor;
provided, that the terms of all Sheriffs expiring in the year nineteen
hundred and four are hereby extended until the time of the expiration of the
terms of the other executive officers of this State in the year nineteen
hundred and seven, unless sooner removed. Whenever any prisoner is taken
from jail, or from the custody of any Sheriff or
his deputy, and put to death, or suffers grievous bodily harm, owing to the
neglect, connivance, cowardice, or other grave fault of the Sheriff, such
Sheriff may be impeached under Section 174 of the Constitution. If the
Sheriff be impeached, and thereupon convicted, he shall not be eligible to
hold any office in this State during the time for which he had been elected
or appointed to serve as Sheriff.
ARTICLE VI
JUDICIAL
DEPARTMENT
139.
The judicial power of the State shall be vested in the Senate sitting as a
court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts,
Courts of Probate, such courts of law and equity inferior to the Supreme
Court, and to consist of not more than five members, as the Legislature from
time to time may establish, and such persons as may be by law invested with
powers of a judicial nature; but no court of general jurisdiction, at law or
in equity, or both, shall hereafter be established in and for any one county
having a population of less than twenty thousand, according to the next
preceding Federal census, and property assessed for taxation at a less
valuation than three million five hundred thousand dollars.
140.
Except in cases otherwise directed in this Constitution, the Supreme Court
shall have appellate jurisdiction only, which shall be coextensive with the
State, under such restrictions and regulations, not repugnant to this
Constitution, as may from time to time be prescribed by law, except where
jurisdiction over appeals is vested in some inferior court, and made final
therein; provided, that the Supreme Court shall have power to issue writs of
injunction, habeas corpus, quo warranto, and
such other remedial and original writs as may be necessary to give it a
general superintendence and control of inferior jurisdictions.
141.
The Supreme Court shall be held at the seat of government, but if that shall
become dangerous from any cause, it may convene at or adjourn to another
place.
142.
Except as otherwise authorized in this article,
the State shall be divided into convenient circuits. For each circuit there
shall be chosen a judge, who shall, for one year next preceding his election
and during his continuance in office, reside in the circuit for which he is
elected.
143.
The Circuit Court shall have original jurisdiction in all matters civil
and criminal within the State not otherwise excepted in this Constitution;
but in civil cases, other than suits for libel, slander, assault and
battery, and ejectment, it shall have no
original jurisdiction except where the matter or sum in controversy
exceeds fifty dollars.
144.
A Circuit Court, or a court having the jurisdiction of the Circuit Court,
shall be held in each county in the State at least twice in each year, and
judges of the several courts mentioned in this section may hold court for
each other when they deem it expedient, and shall do so when directed by
law. The judges of the several courts mentioned in this section shall have
power to issue writs of injunction, returnable to the Court of Chancery,
or courts having the jurisdiction of Courts of Chancery.
145. The Legislature shall have power
to establish a Court or Courts of Chancery, with original and appellate
jurisdiction, except as otherwise authorized in this article. The State
shall be divided by the Legislature into convenient Chancery divisions; each
division shall be divided into districts, and for each division there shall
be a chancellor, who shall have resided in the division for which he shall
be elected or appointed for one year next preceding his election or
appointment, and shall reside therein during his continuance in office.
146.
A Chancery Court, or a court having the jurisdiction of the Chancery Court,
shall be held in each district, at a place to be fixed by law, at least
twice in each year, and the chancellors may hold court for each other when
they deem it necessary, and shall do so when directed by law.
147.
Any county having a population of twenty thousand or more, according to the
next preceding Federal census, and also taxable property of three million
five hundred thousand dollars or more in value, according to the next
preceding assessment of property for State and county taxation, need not be
included in any circuit or chancery division; but if the value of its
taxable property shall be reduced below that limit, or if its population
shall be reduced below that number, the Legislature shall include such
county in a circuit and chancery division, or either, embracing more than
one county. No Circuit or Chancery division shall contain less than three
counties, unless there be embraced therein a county having a population of
twenty thousand or more, and taxable property of three million five hundred
thousand dollars or more in value.
148.
The Legislature may confer upon the Circuit Court or the Chancery Court the
jurisdiction of both of said courts. In counties having two or more courts
of record, the Legislature may provide for the consolidation of all or any
such courts of record, except the Probate Court, with or without separate
divisions, and a sufficient number of judges for the transaction of the
business of such consolidated court.
149.
The Legislature shall have power to establish in each county a court of
probate, with general jurisdiction of orphan's business and with power to
grant letters testamentary and administration; provided, that whenever any
court having equity powers has taken jurisdiction of the settlement of any
estate, it shall have power to do all things necessary for the settlement of
such estate, including the appointment and removal of administrators,
executors, guardians and trustees, and including action upon the resignation
of either of them.
150.
The Justices of the Supreme Court, Chancellors and the Judges of the Circuit
Courts, and other courts of record, except Probate Courts, shall, at
stated times, receive for their services a compensation which shall not be
diminished during their official terms; they shall receive no fees or
perquisites, nor hold any office, except judicial offices, of profit or
trust under this State or the United States, or any other government during
the time for which they have been elected or appointed.
151.
The Supreme Court shall consist of one Chief Justice, and such number of
Associate Justices as may be prescribed by law.
152.
The Chief Justice and Associate Justices of the Supreme Court, Judges of the
Circuit Courts, Judges of the Probate Courts, and Chancellors shall be
elected by the qualified electors of the State, circuits, counties and
chancery divisions, for which such courts may be established, at such times
as may be prescribed by law, except as herein otherwise provided.
153.
The Judges of such inferior courts of law and equity as may be by law established,
shall be elected or appointed in such mode as the Legislature may prescribe.
154.
Chancellors and Judges of all courts of record shall have been citizens of
the
155.
Except as otherwise provided in this article, the Chief Justice and
Associate Justices of the Supreme Court, Circuit Judges, Chancellors, and
Judges of Probate, shall hold office for the term of six years, and until
their successors are elected or appointed and qualified; and the right of
such Judges and Chancellors to hold their offices for the full term hereby
prescribed shall not be affected by any change hereafter made by law in any
circuit, division, or county, or in the mode of time of election.
156.
The Chief Justice and Associate Justices of the Supreme Court shall be
chosen at an election to be held at the time and places fixed by law for the
election of members of the House of Representatives of the Congress of the
157.
All judicial officers within their respective jurisdictions shall, by virtue
of their offices, be conservators of the peace.
158.
Vacancies in the office of any of the Justices of the Supreme Court or
Judges who hold office by election, or Chancellors of this State, shall be
filled by appointment by the Governor. The appointee shall hold his office
until the next general election for any State officer held at least six
months after the vacancy occurs, and until his successor is elected and
qualified; the successor chosen at such election shall hold office for the
unexpired term and until his successor is elected and qualified.
159.
Whenever any new circuit or chancery division is created, the Judge or
Chancellor therefor shall be elected at the next
general election for any State officer for a term to expire at the next
general election for Circuit Judge and Chancellor; provided, that if said
new circuit or chancery division is created more than six months before such
general election for any State officer, the Governor shall appoint some one
as Judge or Chancellor, as the case may be, to hold the office until such
election.
160. If in any case, civil or
criminal, pending in any Circuit Court, Chancery Court, or in any court of
general jurisdiction having any part of the jurisdiction of a Circuit and a
Chancery Court, or either of them in this State, the presiding judge or
chancellor shall, for any legal cause, be incompetent to try, hear or render
judgment in such case, the parties, or their attorneys of record, if it be a
civil case, or the solicitor or prosecuting officer, and the defendant or
defendants, if it be a criminal case, may agree upon some disinterested
person, practicing in the court and learned in the law, to act as special
judge or chancellor to sit as a court, and to hear, decide and render
judgment in the same manner and to the same effect as such incompetent
Chancellor or Judge could have rendered but for such incompetency.
If the case be a civil one, and the parties or their attorneys of record do
not agree; or if it be a criminal one, and the prosecuting officer and the
defendant or defendants do not agree upon a special judge or chancellor, or
if either party in a civil cause is not represented in court, the Register
in Chancery or the clerk of such Circuit or other court in which said cause
is pending, shall appoint a special judge or chancellor, who shall preside,
try and render judgment as in this section provided. The Legislature may
prescribe other methods for supplying special judges in such cases.
161.
The Legislature shall have power to provide for the holding of Chancery and
Circuit Courts, and for the holding of courts having the jurisdiction of
Circuit and Chancery Courts, or either of them, when the Chancellors or
Judges thereof fail to attend regular terms.
162.
No Judge of any court of record in this State shall practice law in any of
the courts of this State, or of the
163.
Registers in Chancery shall be appointed by the Chancellors of the
respective divisions, and shall have been at least twelve months before
their appointment, and shall be at the time of their appointment and
during their continuance in office, resident citizens of the district for
which they are appointed. They shall hold office for the term for which the
Chancellor making such appointment was elected or appointed. Such registers
shall receive as compensation for their services only such fees and
commissions as may be specifically prescribed by law, which fees shall be
uniform throughout the State.
164.
The clerk of the Supreme Court shall be appointed by the Judges thereof, and
shall hold office for the term of six years; and the clerks of such inferior
courts as may be established by law shall be selected in such manner as the
Legislature may provide.
165.
Clerks of the Circuit Court shall be elected by the qualified electors in
each county for the term of six years, and may, when appointed by the
Chancellor, also fill the office of Register in Chancery. Vacancies in
such office of clerk shall be filled by the Judge of the Circuit Court for
the expired term.
166.
The clerk of the Supreme Court and Registers in Chancery may be removed from
office by the Justices of the Supreme Court, and by the Chancellors,
respectively, for cause, to be entered at length upon the minutes of the
court.
167.
A Solicitor for each judicial circuit or other territorial subdivision
prescribed by the Legislature, shall be elected by the qualified electors of
those counties in such circuit or other territorial subdivision in which
such Solicitor prosecutes criminal cases, and such Solicitor shall be
learned in the law, and shall at the time of his election and during his
continuance in office, reside in a county (in the circuit) in which he
prosecutes criminal cases, or other territorial subdivision for which he
is elected, and his term of office shall be four years, and he shall receive
no other compensation than a salary, to be prescribed by law, which shall
not be increased during the term for which he was elected; provided, that
this article shall not operate to abridge the term of any Solicitor now in
office; and, provided further, that the Solicitor elected in the year
nineteen hundred and four shall hold office for six years, and until their
successors are elected and qualified; and provided further, that the
Legislature may provide by law for the appointment by the Governor or the
election by the qualified electors of a county for a Solicitor
for any county.
168.
In each precinct not lying within, or partly within, any city or
incorporated town of more than fifteen hundred inhabitants, there shall be
elected by the qualified electors of such precinct not exceeding two
Justices of the Peace, and one Constable. Where one or more precincts lie
within, or partly within, a city or incorporated town having more than
fifteen hundred inhabitants, the Legislature may provide by law for the
election of not more than two Justices of the Peace and one Constable, for
each of such precincts, or an inferior court for such precinct or
precincts, in lieu of all Justices of the Peace therein. Justices of the
Peace, and the inferior courts in this section provided for, shall have
jurisdiction in all civil cases where the amount in controversy does not
exceed one hundred dollars, except in cases of libel, slander, assault and
battery and ejectment. The Legislature may
provide by law what fees may be charged by Justices of the Peace and
Constables, which fees shall be uniform throughout the State. The right of
appeal from any judgment of a Justice of the Peace, or from any inferior
court authorized by this section, without the prepayment of costs, and also
the term of office of such Justices, and of the Judges of such inferior
courts, and of Notaries Public, shall be provided for by law. The Governor
may appoint Notaries Public without the powers of a Justice of the Peace,
and may, except where otherwise provided by an act of the Legislature,
appoint not more than one Notary Public with all of the powers and
jurisdiction of a Justice of the Peace for each precinct in which the
election of Justices of the Peace shall be authorized.
169.
In all prosecutions for rape and assault with intent to ravish, the court
may, in its discretion, exclude from the court room all persons, except
such as may be necessary in the conduct of the trial.
170.
The style of all processes shall be " The
State of Alabama," and all prosecutions shall be carried on in the name
and by the authority of the same, and shall conclude "Against the peace
and dignity of the State."
171.
The Legislature shall have the power to abolish any court, except the
Supreme Court and the Probate Courts, whenever its jurisdiction and
functions have been conferred upon some other court.
172.
Nothing in this article shall be so construed as to abridge the term of
office of any officer now in office.
ARTICLE
IMPEACHMENTS
173.
The Governor, Lieutenant-Governor, Attorney General, State Auditor,
Secretary of State, State Treasurer, Superintendent of Education,
Commissioner of Agriculture and Industries, and Justices of the Supreme
Court may be removed from office for wilful
neglect of duty, corruption in office, incompetency,
or intemperance in the use of intoxicating liquors or narcotics to such an
extent, in view of the dignity of the office and importance of its duties,
as unfits the officer for the discharge of such duties, or for any offense
involving moral turpitude while in office, or committed under color thereof,
or connected therewith, by the Senate sitting as a court of impeachment,
under oath or affirmation, on articles or charges preferred by the House
of Representatives. When the Governor or Lieutenant-Governor is impeached,
the Chief Justice, or if he be absent or disqualified, then one of the
Associate Justices of the Supreme Court, to be selected by it, shall preside
over the Senate when sitting as a court of impeachment. If at any time when
the Legislature is not in session, a majority of all the members elected to
the House of Representatives shall certify in writing to the Secretary of
State their desire to meet to consider the impeachment of the Governor,
Lieutenant-Governor, or other officer administering the office of
Governor, it shall be the duty of the Secretary of State immediately to
notify the Speaker of the House, who shall, within ten days after receipt of
such notice, summon the members of the House by publication in some
newspaper published at the Capital to assemble at the Capitol on a day to be
fixed by the Speaker, not later than fifteen days after the receipt of the
notice to him from the Secretary of State, to consider the impeachment of
the Governor, Lieutenant-Governor or other officer administering the office
of Governor. If the House of Representatives prefer articles of
impeachment, the Speaker of the House shall forthwith notify the
Lieutenant-Governor, unless he be the officer impeached, in which event he
shall notify the Secretary of State, who shall summon in the manner herein
above provided for, the members of the Senate to assemble at the Capitol on
a day to be named in said summons, not later than ten days after receipt of
the notice from the Speaker of the House, for the purpose of organizing as a
court of impeachment. The Senate, when thus organized, shall hear and try
such articles of impeachment against the Governor, Lieutenant-Governor or
other officer administering the office of Governor, as may be preferred by
the House of Representatives.
174.
The Chancellors, Judges of the Circuit Courts, Judges of the Probate Courts,
and Judges of other courts from which an appeal may be taken directly to the
Supreme Court, and Solicitors and Sheriffs, may be removed from office for
any of the causes specified in the preceding section or elsewhere in this
Constitution, by the Supreme Court, under such regulations as may be
prescribed by law. The Legislature may provide for the impeachment or removal
of other officers than those named in this article.
175.
The clerks of the Circuit Courts, or courts of like jurisdiction, and of
Criminal Courts, Tax Collectors, Tax Assessors, County Treasurers, County
Superintendents of Education, Judges of inferior courts created under
authority of Section 168 of this Constitution, Coroners, Justices of the
Peace, Notaries Public, Constables, and all other county officers, Mayors, Intendants
and all other officers of incorporated cities and towns in this State, may
be removed from office for any of the causes specified in Section 173 of
this Constitution, by the Circuit or other courts of like jurisdiction or
a Criminal Court of the county in which such officers hold their office,
under such regulations as may be prescribed by law;
provided, that the right of trial by jury and appeal in such
cases shall be secured.
176.
The penalties in cases arising under the three preceding sections shall
not extend beyond removal from office, and disqualifications from holding
office, under the authority of this State, for the term for which the
officer was elected or appointed; but the accused shall be liable to
indictment and punishment as prescribed, by law.
ARTICLE VIII
SUFFRAGE AND
ELE
177.
Every male citizen of this State, who is a citizen of the United
States, and every male resident of foreign birth, who, before the
ratification of this Constitution, shall have legally declared his intention
to become a citizen of the United States, twenty-one years old or
upward, not laboring under any of the disabilities named in this article,
and possessing the qualifications required by it, shall be an elector, and
shall be entitled to vote at any election by the people; provided,
that all foreigners who have legally declared their intention of becoming
citizens of the United States, shall, if they fail to become citizens
thereof at the time they are entitled to become such, cease to have the
right to vote until they become such citizens.
178. To entitle a person to
vote at any election by the people, he shall have resided in the State at
least two years, in the county one year, and in the precinct or ward three
months, immediately preceding the election at which he offers to vote, and
he shall have been duly registered as an elector, and shall have paid on or
before the first day of February next preceding the date of the election at
which he offers to vote, all poll taxes due from him for the year nineteen
hundred and one, and for each subsequent year; provided, that any elector
who, within three months next preceding the date of the election at which
he offers to vote, has removed from one precinct or ward to another precinct
or ward in the same county, incorporated town or city, shall have the right
to vote in the precinct or ward from which he has so removed, if he would
have been entitled to vote in such precinct or ward but for such removal.
179.
All elections by the people shall be by ballot, and all elections by persons
in a representative capacity shall be viva voce.
180.
The following male citizens of this State, who are citizens of the United
States, and every male resident of foreign birth, who, before the
ratification of this Constitution, shall have legally declared his
intention to become a citizen of the United States, and who shall not
have had an opportunity to perfect his citizenship prior to the twentieth
day of December, nineteen hundred and two, twenty-one years old or upwards,
who, if their place of residence shall remain unchanged, will have, at the
date of the next general election the qualifications as to residence
prescribed in Section 178 of this Constitution, and who are not
disqualified under Section 182 of this Constitution, shall, upon
application be entitled to register as electors prior to the twentieth day
of December, nineteen hundred and two, namely:
First—All
who have honorably served in the land or naval forces of the United States
in the war of 1812, or in the war with Mexico, or in any war with the
Indians, or in the war between the States, or in the war with Spain, or who
honorably served in the land or naval forces of the Confederate States, or
of the State of Alabama in the war between the States; or,
Second—The
lawful descendants of persons who honorably served in the land or naval
forces of the United States in the war of the American Revolution, or in the
war of 1812, or in the war with Mexico, or in any war with the Indians, or
in the war between the States, or in the land or naval forces of the
Confederate States, or of the State of Alabama in the war between the
States; or,
Third—All
persons who are of good character and who understand .
the duties and obligations of citizenship under a
republican form of government.
181.
After the first day of January, nineteen hundred and three, the following
persons, and no others, who, if their place of residence' shall remain
unchanged, will have, at the date of the next general election, the
qualifications as to residence prescribed in Section 178 of this
Constitution, shall be qualified to register as electors, provided, they
shall not be disqualified under Section 182 of this Constitution.
First—Those
who can read and write any article of the Constitution of the United States
in the English language, and who are physically unable to work; and those
who can read and write any article of the Constitution of the United States
in the English language, and who have worked or been regularly engaged in
some lawful employment, business or occupation, trade or calling for the
greater part of the twelve months next preceding the time they offer to
register; and those who are unable to read and write, if such inability is
due solely to physical disability; or,
Second—The
owner in good faith, in his own right, or the husband of a woman who is the
owner in good faith, in her own right, of forty acres of land situate in
this State, upon which they reside; or the owner in good faith, in his own
right, or the husband of any woman who is the owner in good faith, in her
own right, of real estate, situate in this State, assessed for taxation at
the value of three hundred dollars or more, or the owner in good faith, in
his own right, or the husband of a woman who is the owner in good faith, in
her own right, of personal property in this State assessed for taxation at
three hundred dollars or more; provided, that the taxes clue upon such real
or personal property for the year next preceding the year in which he offers
to register shall have been paid, unless the assessment shall have been
legally contested and is undetermined.
182.
The following persons shall be disqualified both from registering and from
voting, namely:
All
idiots and insane persons; those who shall by reason of conviction of
crime be disqualified from voting at the time of the ratification of this
Constitution; those who shall be convicted of treason, murder, arson,
embezzlement, malfeasance in office, larceny, receiving stolen property,
obtaining property or money under false pretenses, perjury, subordination of
perjury, robbery, assault with intent to rob, burglary, forgery, bribery,
assault and battery on the wife, bigamy, living in adultery, sodomy, incest,
rape, miscegenation, crime against nature, or any crime punishable by
imprisonment in the penitentiary, or of any infamous crime or crime
involving moral turpitude; also any person who shall be convicted as a
vagrant or tramp, or of selling or offering to sell his vote or the vote of
another, or of making or offering to make false return in any election by
the people or in any primary election to procure the nomination or election
of any person to any office, or of suborning any witness or registrar to
secure the registration of any person as an elector.
183.
No person shall be qualified to vote or participate in any primary
election, party convention, mass meeting or other method of party action of
any political party or faction, who shall not possess the qualifications
prescribed in this article for an elector, or who shall be disqualified from
voting under the provisions of this article.
184.
No person, not registered and qualified as an elector under the provisions
of this article, shall vote at the general election in nineteen hundred and
two, or at any subsequent State, county, or municipal election, general,
local or special; but the provisions of this article shall not apply to any
election held prior to the general election in the year nineteen hundred and
two.
185.
Any elector whose right to vote shall be challenged for any legal cause
before an election officer, shall be required to swear or affirm that the
matter of the challenge is untrue before his vote shall be received, and any
one who willfully swears or affirms falsely thereto shall be guilty of
perjury, and upon conviction thereof shall be imprisoned in the penitentiary
for not less than one nor more than five years.
186.
The Legislature shall provide by law for the registration, after the first
day of January, nineteen hundred and three, of all qualified electors. Until
the first day of January, nineteen hundred and three, all electors shall be
registered under and in accordance with the requirements of this section, as
follows:
First—Registration
shall be conducted in each county by a board of three reputable and suitable
persons resident in the county, who shall not hold any elective office
during their term, to be appointed within sixty days after the ratification
of this Constitution, by the Governor, Auditor and Commissioner of
Agriculture and Industries, or by a majority of them, acting as a board of
appointment. If one or more of the persons appointed on such board of
registration shall refuse, neglect, or be unable to qualify or serve, or if
a vacancy or vacancies occur in the membership of the board of registrars
from any cause, the Governor, Auditor and Commissioner of Agriculture and
Industries, or a majority of them, acting as a board of appointment, shall
make other appointments to fill such board. Each registrar shall receive two
dollars per day, to be paid by the State, and disbursed by the several
Judges of Probate, for each entire day's attendance upon the sessions of
the board. Before entering upon the performance of the duties of his
office, each registrar shall take the same oath required of the judicial
officers of the State, which oath may be administered by any person
authorized by law to administer oaths, the oath shall be in writing and
subscribed by the registrar, and filed in the office of the Judge of Probate
of the county.
Second—Prior
to the first day of August, nineteen hundred and two, the Board of
Registrars in each county shall visit each precinct at least once, and
oftener, if necessary to make a complete registration of all persons
entitled to register, and shall remain there at least one day from eight
o'clock in the morning until sunset. They shall give at least twenty days'
notice of the time when, and the place in the precinct where, they will
attend to register applicants for registration, by bills posted at five or
more public places in each election precinct, and by advertisement once a
week for three successive weeks in a newspaper, if there be one published in
the county. Upon failure to give such notice, or to attend any appointment
made by them in any precinct, they shall, after like notice, fill new
appointments therein; but the time consumed by the board in completing such
registration shall not exceed sixty working days in any county, except that
in counties of more than nine hundred square miles in area, such board may
consume seventy-five working days in completing the registration, and
except that in counties in which there is any city of eight thousand or more
inhabitants, the board may remain in session, in addition to the time
hereinbefore prescribed, for not more than three successive weeks in each of
such cities; and thereafter the board may sit from time to time in each of
such cities not more than one week in each month, and except that in the
county of Jefferson the board may hold an additional session of not
exceeding five consecutive days duration for each session, in each town or
city of more than one thousand and less than eight thousand inhabitants. No
person shall be registered except at the county site or in the precinct in
which he resides. The registrars shall issue to each person registered a
certificate of registration. .
Third—The Board of Registrars shall
not register any person between the first day of August, nineteen hundred
and two, and the Friday next preceding the day of election in November,
nineteen hundred and two. On Friday and Saturday next preceding the day of
election in November, nineteen hundred and two, they shall sit in the court
house of each county during such days, and shall register all applicants
having the qualifications prescribed by Section 180 of this Constitution,
and not disqualified under Section 182, who shall have reached the age of
twenty-one years after the first day of August, nineteen hundred and two, or
who shall prove to the reasonable satisfaction of the board that, by
reason of physical disability or unavoidable absence from the county, they
had no opportunity to register prior to the first day of August, nineteen
hundred and two, and they shall not on such days register any other persons.
When there are two or more court houses in a county, the registrars may sit
during such two days at the court house they may select, but shall give ten
days' notice, by bills posted at each of the court houses, designating the
court house at which they will sit.
Fourth—The
Board of Registrars shall hold sessions at the court house of their
respective counties during the entire third week in November, nineteen
hundred and two, and for six working days next prior to the twentieth day of
December, nineteen hundred and two, during which sessions they shall
register all persons applying who possess the qualifications prescribed in
Section 180 of this Constitution, and who shall not be disqualified under
Section 182. In counties where there are more than two court houses the
Board of Registrars shall divide the time equally between them. The Board
of Registrars shall give notice of the time and place of such sessions by
posting notices at each court house in their respective counties, and at
each voting place and at three other public places in the county, and by
publication once a week for two consecutive weeks in a newspaper, if one
be published in the county; such notices to be posted and such publications
to be commenced as early as practicable in the first week of November,
nineteen hundred and two. Failure on the part of the registrars to conform
to the provisions of this article as to the giving of the required notices
shall not invalidate any registration made by them.
Fifth—The
Board of Registrars shall have power to examine, under oath or affirmation,
all applicants for registration, and to take testimony touching the
qualifications of such applicants. Each member of such board is authorized
to administer the oath to be taken by the applicants and witnesses, which
shall be in the following form, and subscribed by the person making it, and
preserved by the board, namely: " I solemnly swear (or affirm) that in
the matter of the application of ———— ———— for
registration as an elector, I will speak the truth, the whole truth, and
nothing but the truth, so help me God." Any person who upon such
examination makes any wilfully false statement
in reference to any material matter touching the qualification of any
applicant for registration, shall be guilty of perjury, and upon conviction
thereof, shall be imprisoned in the penitentiary for not less than one nor
more than five years.
Sixth—The
action of the majority of the Board of Registrars shall be the action of the
board and a majority of the board shall constitute a quorum for the
transaction of all business. Any person to whom registration is denied shall
have the right of appeal, without giving security for costs, within thirty
days after such denial, by filing a petition in the Circuit Court or court
of like jurisdiction held for the county in which he seeks to register, to
have his qualifications as an elector determined. Upon the filing of the
petition, the clerk of the court shall give notice thereof to any Solicitor
authorized to represent the State in said county, whose duty it shall be to
appear and defend against the petition on behalf of the State. Upon such
trial the court shall charge the jury only as to what constitutes the
qualifications that entitle the applicant to become an elector at the time
he applied for registration, and the jury shall determine the weight and
effect of the evidence and return a verdict. From the judgment rendered an
appeal will lie to the Supreme Court in favor of the petitioner, to be
taken within thirty days. Final judgment in favor of the petitioner shall
entitle him to registration as of the date of his application to the
registrars.
Seventh—The
Secretary of State shall, at the expense of the State, have prepared and
shall furnish to the registrars and judges of probate of the several
counties a sufficient number of registration books and of blank forms of the
oath, certificates of registration and notices required to be given by the
registrars. The cost of the publication in newspapers of the notices
required to be given by the registrars shall be paid by the State, the bills
therefor to be rendered to the Secretary of
State and approved by him.
Eighth—Any
person who registers for another, or who registers more than once, and any
registrar who enters the name of any person on the list of registered
voters, without such person having made application in person under oath on
a form provided for that purpose, or who knowingly registers any person more
than once, or who knowingly enters a name upon the registration list as
the name of a voter, without any one of that name applying to register,
shall be guilty of a felony, and upon conviction thereof shall be imprisoned
in the penitentiary for not less than one nor more than five years.
187.
The Board of Registrars in each county shall, on or before the first day of
February, nineteen hundred and three, or as soon thereafter as
practicable, file in the office of the Judge of Probate in their county, a
complete list, sworn to by them, of all persons registered in their county,
showing the age of such persons so registered, with the precinct or ward in
which each of such persons resides set opposite the name of such person, and
shall also file a like list in the office of the Secretary of State. The
Judge of Probate shall, on or before the first day of March, nineteen
hundred and three, or as soon thereafter as practicable, cause to be made
from such list in duplicate, in the books furnished by the Secretary of
State, an alphabetical list by precincts of the persons shown by the list
of registrars to have been registered in the county, and shall file one of
such alphabetical lists in the office of the Secretary of State; for which
services by the Judges of Probate compensation shall be provided by the
Legislature. The Judges of Probate shall keep both the original list filed
by the registrars and the alphabetical list made therefrom
as records in the office of the Judge of Probate of the county. Unless he
shall become disqualified under the provisions of this article, any one
who shall register prior to the first day of January, nineteen hundred and
three, shall remain an elector during life, and shall not be required to
register again unless he changes his residence, in which event he may
register again on production of his certificate. The certificate of the
registrars or of the Judge of Probate or of the Secretary of State shall
be sufficient evidence to establish the fact of such life registration. Such
certificate shall be issued free of charge to the elector, and the
Legislature shall provide by law for the renewal of such certificate when
lost, mutilated or destroyed.
188.
From and after the first day of January, nineteen hundred and three, any
applicant for registration may be required to state under oath, to be
administered by the registrar or by any person authorized by law to
administer oaths, where he lived during the five years next preceding the
time at which he applies to register, and the name or names by which he was
known during that period, and the name of his employer or employers, if any,
during such period. Any applicant for registration who refuses to state such
facts, or any of them, shall not be entitled to register, and any person so
offering to register, who wilfully makes a false
statement in regard to such matters, or any of them, shall be guilty of
perjury, and upon conviction thereof shall be imprisoned in the penitentiary
for not less than one nor more than five years.
189.
In the trial of any contested election, and in proceedings to investigate
any election, and in criminal prosecutions for violations of the election
laws, no person other than a defendant in such criminal prosecutions shall
be allowed to withhold his testimony on the ground that he may criminate
himself or subject himself to public infamy; but such person shall not be
prosecuted for any offense arising out of the transactions concerning which
he testified, but may be prosecuted for perjury committed on such
examination.
190.
The Legislature shall pass laws not inconsistent with this Constitution to
regulate and govern elections, and all such laws shall be uniform throughout
the State; and shall provide by law for the manner of holding elections and
of ascertaining the result of the same, and shall provide general
registration laws not inconsistent with the provisions of this article, for
the registration of all qualified electors from and after the first day of
January, nineteen hundred and three. The Legislature shall also make
provision by law, not inconsistent with this article, for the regulation of
primary elections, and for punishing frauds at the same, but shall not make
primary elections compulsory. The Legislature shall by law provide for
purging the registration list of the names of those who die, become insane,
or convicted of crime, or otherwise disqualified as electors under the
provisions of this Constitution, and of any names which may have been
fraudulently entered on such list by the registrars; provided, that a trial
by jury may be had on the demand of any person whose name is proposed to be
stricken from the list.
191.
It shall be the duty of the Legislature to pass adequate laws giving
protection against the evils arising from the use of intoxicating liquors
at all elections.
192.
Electors shall in all cases, except treason, felony or breach of the peace,
be privileged from arrest during their attendance at elections, or while
going to or returning therefrom.
193.
Returns of elections for members of the Legislature and for all civil
officers who are to be commissioned by the Governor, except the Attorney
General, State Auditor, Secretary of State, State Treasurer,
Superintendent of Education, and Commissioner of Agriculture and Industries,
shall be made to the Secretary of State.
194.
The poll tax mentioned in this article shall be one dollar and fifty cents
upon each male inhabitant of the State, over the age of twenty-one years,
and under the age of forty-five years, who would not now be exempt by law;
but the Legislature is authorized to increase the maximum age fixed in
this section to not more than sixty years. Such poll tax shall become due
and payable on the first day of October in each year, and become delinquent
on the first day of the next succeeding February, but no legal process, nor
any fee or commission shall be allowed for the collection thereof. The Tax
Collector shall make returns of poll tax collections separate from other
collections.
195.
Any person who shall pay the poll tax of another, or advance him money for
that purpose in order to influence his vote, shall be guilty of bribery, and
upon conviction therefor shall be imprisoned in
the penitentiary for not less than one nor more than five years.
196.
If any section or subdivision of this article shall for any reason be, or
be held by any court of competent jurisdiction and of final resort to be,
invalid, inoperative or void, the residue of this article shall not be
thereby invalidated or affected.
ARTICLE IX
REPRESENTATION
197.
The whole number of Senators shall be not less than one-fourth, or more than
one-third of the whole number of Representatives.
198.
The House of Representatives shall consist of not more than one hundred and
five members unless new counties shall be created, in which event each new
county shall be entitled to one Representative. The members of the House of
Representatives shall be apportioned by the Legislature among the several
counties of the State, according to the number of inhabitants in them
respectively, as ascertained by the decennial census of the United States,
which apportionment when made shall not be subject to alteration until the
next session of the Legislature after the next decennial census of the
United States shall have been taken.
199.
It shall be the duty of the Legislature at its first session after the
taking of the decennial census of the United States in the year nineteen
hundred and ten, and after each subsequent decennial census, to fix by law
the number of Representatives, and apportion them among the several counties
of the State, according to the number of inhabitants in them respectively;
provided, that each county shall be entitled to at least one Representative.
200.
It shall be the duty of the Legislature at its first session after taking
the decennial census of the United States in the year nineteen hundred and
ten, and after each subsequent decennial census, to fix by law the number of
Senators and to divide the State into as many Senatorial districts as there
are Senators, which districts shall be as nearly equal to each other in the
number of inhabitants as may be, and each shall be entitled to one Senator,
and no more; and such districts when formed, shall not be changed until
the next apportioning session of the Legislature, after the next decennial
census of the United States shall have been taken; provided, that counties
created after the next preceding apportioning session of the Legislature may
be attached to Senatorial districts. No county shall be divided between two
districts, and no district shall be made up of two or
more counties not contiguous to each other.
201.
Should any decennial census of the United States not be taken, or if when
taken, the same, as to this State, be not full and satisfactory, the
Legislature shall have power at its first session after the time shall have
elapsed for the taking of said census, to provide for an enumeration of all
the inhabitants of this State, upon which it shall be the duty of the
Legislature to make the apportionment of Representatives and Senators as
provided for in this article.
202.
Until the Legislature shall make an apportionment of Representatives among
the several counties, as provided in the preceding section, the counties of
Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choctaw, Clay, Cleburne,
Coffee, Colbert, Conecuh, Coosa, Covington, Crenshow,
Cullman, Dale, DeKalb, Escambia, Fayette.
203.
Until the Legislature shall divide the State into Senatorial districts, as
herein provided, the Senatorial districts shall be as follows:
First
district, Lauderdale and Limestone; Second district, Lawrence and Morgan;
Third district, Blount, Cullman, and Winston; Fourth district, Madison;
Fifth district, Jackson and Marshall; Sixth district, Etowah and St. Clair;
Seventh district, Calhoun; Eighth district, Talladega; Ninth district,
Chambers and Randolph; Tenth district, Tallapoosa and Elmore; Eleventh
district, Tuscaloosa ; Twelfth district, Fayette, Lamar and Walker;
Thirteenth district, Jefferson; Fourteenth district. Pickens and Sumter;
Fifteenth district, Autauga, Chilton and Shelby; Sixteenth district,
Lowndes; Seventeenth district, Butler, Conecuh and Covington; Eighteenth
district, Bibb and Perry; Nineteenth district, Choctaw, Clarke, and
Washington; Twentieth district, Marengo; Twenty-first district, Baldwin,
Escambia and Monroe; Twenty-second district, Wilcox; Twenty-third district,
Dale and Geneva; Twenty-fourth district, Barbour; Twenty-fifth district,
Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and Macon;
Twenty-seventh district, Lee and Russell; Twenty-eighth district,
Montgomery; Twenty-nineth district, Cherokee
and DeKalb; Thirtieth district, Dallas;
Thirty-first district, Colbert, Franklin and Marion; Thirty-second district,
Greene and Hale; Thirty-third district, Mobile; Thirty-fourth district,
Cleburne, Clay and Coosa; Thirty-fifth district, Henry.
ARTICLE X
EXEMPTIONS
204.
The personal property of any resident of this State, to the value of one
thousand dollars, to be selected by such resident, shall be exempt from sale
on execution, or other process of any court, issued for the collection of
any debt contracted since the thirteenth day of July, eighteeen
hundred and sixty-eight, or after the ratification of this Constitution.
205.
Every homestead, not exceeding eighty acres, and the dwellings and
appurtenances thereon, to be selected by the owner thereof, and not in any
city, town or village; or in lieu thereof, at the option of the owner, any
lot in a city, town or village, with the dwelling and appurtenances thereon,
owned and occupied by any resident of this State, and not exceeding the
value of two thousand dollars, shall be exempt from sale on execution, or
any other process from a court; for any debt contracted since the thirteenth
day of July, eighteen hundred and sixty-eight, or after the ratification of
this Constitu-,tion. Such exemption, however,
shall not extend, to any mortgage lawfully obtained, but such mortgage or
other alienation of said homestead by the owner thereof, if a married man,
shall not be valid without the voluntary signature and assent of the wife to
the same.
206.
The homestead of a family, after the death of the owner thereof, shall be
exempt from the payment of any debts contracted since the thirteenth day of
July, eighteen hundred and sixty-eight, or after the ratification of this
Constitution, in all cases, during the minority of the children.
207.
The provisions of Sections 204 and 205 of this Constitution shall not be so
construed as to prevent a laborers' lien for work done and performed for the
person claiming such exemption, or a mechanics' lien for work done on the
premises.
208.
If the owner of the homestead die, leaving a
widow, but no children, such homestead shall be exempt, and the rents and
profits thereof shall inure to her benefit.
209.
The real and personal property of any female in this State, acquired before
marriage, and all property, real and personal, to which she may afterwards
be entitled by gift, grant, inheritance or devise, shall be and remain the
separate estate and property of such female, and shall not be liable for any
debts, obligations or engagements of her husband, and may be devised or
bequeathed by her, the same as if she were a feme
sole.
210.
The right of exemption hereinbefore secured may be waived by an instrument
in writing, and when such waiver relates to realty, the instrument must be
signed by both the husband and wife, and attested by one witness.
ARTICLE XI
TAXATION
211.
All taxes levied on property in this State shall be assessed in exact
proportion to the value of such property, but no tax shall be assessed upon
any debt for rent or hire of real or personal property, while owned by the
landlord or hirer during the current year of such rental or hire, if such
real or personal property be assessed at its full value.
212.
The power to levy taxes shall not be delegated to individuals, or private
corporations or associations.
213.
After the ratification of this Constitution, no new debt shall be created
against or incurred by this State, or its authority, except to repel
invasion or suppress insurrection, and then only by a concurrence of
two-thirds of the members of each House of the Legislature, and the vote
shall be taken by yeas and nays, and entered on the Journals; and any act
creating or incurring any new debt against this State, except as herein
provided for, shall be absolutely void; provided, the Governor may be
authorized to negotiate temporary loans, never to exceed three hundred
thousand dollars, to meet the deficiencies in the treasury, and until the
same is paid no new loan shall be negotiated; provided further, that this
section shall not be so construed as to prevent the issuance of bonds for
the purpose of refunding the existing bonded indebtedness of the State.
214.
The Legislature shall not have the power to levy, in any one year, a greater
rate of taxation than sixty-five one hundredths of one per centum on the
value of the taxable property within this State.
215.
No county in this State shall be authorized to levy a greater rate of
taxation, in any one year, on the value of the taxable property therein,
than one-half of one per centum; provided, that to pay debts existing on the
sixth day of December, eighteen hundred and seventy-five, an additional rate
of one-fourth of one per centum may be levied and collected, which shall be
appropriated exclusively to the payment of such debts and the interest
thereon ; provided further, that to pay any debt or liability now existing
against any county, incurred for the erection, construction or maintenance
of the necessary public buildings or bridges, or that may hereafter be
created for the erection of necessary public buildings, bridges or roads,
any county may levy and collect such special taxes, not to exceed one-fourth
of one per centum, as may have been or may hereafter be authorized by law,
which taxes, so levied and collected, shall be applied exclusively to the
purposes for which the same were so levied and collected.
216. No city, town, village, or other
municipal corporation, other than as provided in this article, shall levy or
collect a higher rate of taxation in any one year on the property situated
therein than one-half of one per centum of the value of such property as
assessed for State taxation during the preceding year; provided, that for
the purpose of paying debts existing on the sixth day of December, eighteen
hundred and seventy-five, and the interest thereon, a tax of one per centum
may be levied and collected, to be applied exclusively to the payment of
such indebtedness; and provided further, that this section shall not apply
to the city of Mobile, which city may from and after the ratification of
this Constitution levy a tax not to exceed the rate of three-fourths of one
per centum to pay the expenses of the city government, and may also levy a
tax not to exceed three-fourths of one per centum to pay the debt existing
on the sixth day of December, eighteen hundred and seventy-five, with
interest thereon, or any renewal of such debt; and provided further, that
this section shall not apply to the cities of Birmingham, Hunts-ville
and Bessemer, and the town of Andalusia, which cities and town may levy and
collect a tax not to exceed one-half of one per centum, in addition to the
tax of one-half of one per centum as hereinbefore allowed to be levied and
collected, such special tax to be applied exclusively to the payment of
interest on bonds of said cities of Birmingham, Huntsville and Bessemer and
town of Andalusia, respectively, heretofore issued in pursuance of law, or
now authorized by law to be issued, and for a sinking fund to pay off said
bonds at maturity thereof; and provided further, that this section shall not
apply to the city of Montgomery, which city shall have the right to levy and
collect a tax of not exceeding one-half of one per centum per annum upon the
value of taxable property therein, as fixed for State taxation, for general
purposes, and an additional tax of not exceeding three-fourths of one per
centum per annum upon the value of the property therein, as fixed for State
taxation, to be devoted exclusively to the payment of its public debt,
interest thereon, and renewals thereof, and to the maintenance of its public
schools, and public conveniences; and provided further, that this section
shall not apply to Troy, Attalla, Gadsden, Woodlawn, Brewton, Pratt City,
Ensley, Wylam, and Avondale, which cities and
towns may from and after the ratification of this Constitution, levy and
collect an additional tax of not exceeding one-half of one per centum; and
provided further, that this section shall not apply to the cities of
Decatur, New Decatur, and Cullman, which cities may from and after the
ratification of this Constitution, levy and collect an additional tax of
not exceeding three-tenths of one per centum per annum; such special tax of
said city of Decatur to be applied exclusively for the public schools,
public school buildings, and public improvements; and such special tax of
New Decatur and Cullman to be applied exclusively for educational purposes,
and to be expended under their respective boards of Public School
Trustees; but this additional tax shall not be levied by Troy, Attalla,
Gadsden, Woodlawn, Brewton, Pratt City, Ensley, Wylam,
Avondale, Decatur, New Decatur, or Cullman unless authorized by a majority
vote of the qualified electors voting at a special election held for the
purpose of ascertaining whether or not said tax shall be levied; and
provided further, that the purposes for which such special tax is sought to
be levied shall be stated in such election call, and, if authorized, the
revenue derived from such special tax shall be used for no other purpose
than that stated; and provided further, that the additional tax authorized
to be levied by the city of Troy, when so levied and collected, shall be
used exclusively in the payment of the bonds and interest coupons thereon,
hereafter issued in the adjustment of the present bonded indebtedness of
said city; and provided further, that the additional tax authorized to be
levied and collected by the city of Attalla shall, when so levied and
collected, be used exclusively in the payment of bonds to the amount of not
exceeding twenty-five thousand dollars, and the interest coupons thereon,
hereafter to be issued in the adjustment of the present indebtedness of
said city; provided further, that the governing boards of said cities, which
are authorized to levy an additional tax, after the holding of an election
as aforesaid, are hereby authorized to provide by ordinance the necessary
machinery for the holding of said election and declaring the result thereof.
217.
The property of private corporations, associations and individuals of this
State shall forever be taxed at the same rate; provided, this section
shall not apply to institutions devoted exclusively to religious,
educational or charitable purposes.
218.
The Legislature shall not have the power to require counties or other
municipal corporations to pay any charges which are now payable out of the
State treasury.
219.
The Legislature may levy a tax of not more than two and one-half per centum
of the value of all estates, real and personal, money, public and private
securities of every kind, in this State passing from any person who may die
seized and possessed thereof, or of any part of such estate, money or
securities, or interest therein transferred by the intestate laws of this
State or by will, deed, grant, bargain, sale or gift, made or intended to
take effect in possession after death of the grantor, devisor, or donor, to
any person or persons, bodies politic or corporate, in trust or otherwise,
other than to or for the use of the father, mother, husband, wife, brothers,
sisters, children or lineal descendants of the grantor, devisor, donor or
intestate.
ARTICLE XII
CORPORATIONS
Municipal
Corporations
220.
No person, firm, association or corporation shall be authorized or
permitted to use the streets, avenues, alleys or public places of any city,
town or village for the construction or operation of any public utility or
private enterprise, without first obtaining the consent of the proper
authorities of such city, town or village.
221.
The Legislature shall not enact any law which will permit any person, firm,
corporation or association to pay a privilege, license or other tax to the
State of
222.
The Legislature, after the ratification of this Constitution, shall have
authority to pass general laws authorizing the counties, cities, towns,
villages, districts or other political subdivisions of counties to issue
bonds, but no bonds shall be issued under authority of a general law unless
such issue of bonds be first authorized by_ a majority vote by ballot of
the qualified voters of such county, city, town, village, district, or other
political subdivision of a county, voting upon such proposition. The ballot
used at such election shall contain the words " For ———— bond
issue," and "Against ———— bond issue," (the character
of the bond to be shown in the blank space,) and the voter shall indicate
his choice by placing a cross mark before or after the one or the other.
This section shall not apply to the renewal, refunding or reissue of bonds
lawfully issued, nor to the issuance of bonds in cases where the same have
been authorized by laws enacted prior to the ratification of this
Constitution, nor shall this section apply to obligations incurred or bonds
to be issued to procure means to pay for street and sidewalk improvements
or sanitary or storm water sewers, the cost of which is to be assessed, in
whole or in part, against the property abutting said improvements or drained
by such sanitary or storm water sewers.
223.
No city, town or other municipality shall make any assessment for the cost
of sidewalks or street paving, or for the cost of the construction of any
sewers against property abutting in such street or sidewalk so paved, or
drained by such sewers, in excess of the increased value of such property
by reason of the special benefits derived from such improvements.
224. No county shall become indebted
in an amount including present indebtedness, greater than three and
one-half per centum of the assessed value of the property therein; provided,
this limitation shall not affect any existing indebtedness in excess of such
three and one-half per centum, which has already been created or authorized
by existing law to be created; provided, that any county which has already
incurred a debt exceeding three and one-half per centum of the assessed
value of the property therein, shall be authorized to incur an indebtedness
of one and a half per centum of the assessed value of such property in
addition to the debt already existing. Nothing herein contained shall
prevent any county from issuing bonds, or other obligations, to fund or
refund any indebtedness now existing or authorized by existing laws to be
created.
225. No city, town or other municipal
corporation having a population of less than six thousand, except as
hereinafter provided, shall become indebted in an amount, including present
indebtedness, exceeding five per centum of the assessed value of the
property therein, except for the construction or purchase of water works,
gas or electric lighting plants, or sewerage, or for the improvement of
streets, for which purposes an additional indebtedness not exceeding three
per centum may be created; provided, this limitation shall not affect any
debt now authorized by law to be created, nor any temporary loans to be paid
within one year, made in anticipation of the collection of taxes, not
exceeding one-fourth of the annual revenues of such city or town. All towns
and cities having a population of six thousand or more, also Gadsden,
Ensley, Decatur, and New Decatur, are hereby authorized to become indebted
in an amount, including present indebtedness, not exceeding seven per centum
of the assessed valuation of the property therein, provided that there
shall not be included in the limitation of the indebtedness of such last
described cities and towns the following classes of indebtedness, to-wit:
Temporary loans, to be paid within one year, made in anticipation of the
collection of taxes, and not exceeding one-fourth of the general revenues,
bonds or other obligations already issued, or which may hereafter be issued
for the purpose of acquiring, providing or constructing school houses, water
works and sewers; and obligations incurred and bonds issued for street or
sidewalk improvements, where the cost of the same, in whole or in part, is
to be assessed against the property abutting said improvements; provided,
that the proceeds of all obligations issued as herein provided, in excess of
said seven per centum shall not be used for any purpose other than that for
which said obligations were issued. Nothing contained in this article shall
prevent the funding or refunding of existing indebtedness. This section
shall not "apply to the cities of
226.
No city, town or village, whose present indebtedness exceeds the limitation
imposed by this Constitution, shall be allowed to become indebted in any
further amount, except as otherwise provided in this Constitution, until
such indebtedness shall be reduced within such limit; provided, however,
that nothing herein contained shall prevent any municipality, except the
city of Gadsden, from issuing bonds already authorized by law; provided
further, that this section shall not apply to the cities of Sheffield and
Tuscumbia.
227.
Any person, firm, association or corporation who may construct or operate
any public utility along or across the public streets of any city, town or
village, under any privilege or franchise permitting such construction or
operation, shall be liable to abutting proprietors for the actual damage
done to the abutting property on account of such construction or operation.
228.
No city or town having a population of more than six thousand shall have
authority to grant to any person, firm, corporation or association the right
to use its streets, avenues, alleys, or public places for the construction
or operation of water works, gas works, telephone or telegraph line,
electric light or power plants, steam or other heating plants, street
railroads, or any other public utility, except railroads other than street
railroads for a longer period than thirty years.
Private
Corporations
229.
The Legislature shall pass no special act conferring corporate powers, but
it shall pass general laws under which corporations may be organized and
corporate powers obtained, subject, nevertheless, to repeal at the will of
the Legislature; and shall pass general laws under which charters may be
altered or amended. The Legislature shall, by general law, provide for the
payment to the State of
230.
All existing charters, under which a bona fide organization shall not have
taken place and business commenced in good faith within twelve months from
the time of the ratification of this Constitution, shall thereafter have
no validity.
231.
The Legislature shall not remit the forfeiture of the charter of any
corporation now existing, or alter or amend the same, nor pass any general
or special law for the benefit of such corporation, other than in execution
of a trust created by law or by contract, except upon condition that such
corporation shall thereafter hold its charter subject to the provisions of
this Constitution.
232.
No foreign corporation shall do any business in this State without having at
least one known place of business and an authorized agent or agents
therein, and without filing with the Secretary of State a certified copy of
its articles of incorporation or association. Such corporation may be sued
in any county where it does business, by service of process upon an agent
anywhere in the State. The Legislature shall, by general law, provide for
the payment to the State of
233.
No corporation shall engage in any business other than that expressly
authorized in its charter or articles of incorporation.
234.
No corporation shall issue stock or bonds except for money, labor done or
property actually received; and all fictitious increase of stock or
indebtedness shall be void. The stock and bonded indebtedness of
corporations shall not be increased except in pursuance of general laws, nor
without the consent of the persons holding the larger amount in value of
stock, first obtained at a meeting to be held after thirty days' notice,
given in pursuance of law!
235.
Municipal and other corporations and individuals invested with the privilege
of taking property for public use, shall make just compensation, to be
ascertained as may be provided by law, for the property taken, injured or
destroyed by the construction or enlargement of its works, highways or
improvements, which compensation shall be paid before such taking, injury or
destruction. The Legislature is hereby prohibited from denying the right
of appeal from any preliminary assessment of damages against any such
corporations or individuals made by viewers or otherwise, but such appeal
shall not deprive those who have obtained the judgment of condemna-ion
from a right of entry, provided the amount of damages assessed ,hall have
been paid in the court in money, and a bond shall have been given in not
less than double the amount of the damages assessed, with good and
sufficient sureties, to pay such damages as the property owner may sustain;
and the amount of damages in all cases of appeals shall, on the demand of
either party, be determined by a jury according to law.
236.
Dues from private corporations shall be secured by such means as may be
prescribed by law; but in no case shall any stock-lolder
be individually liable otherwise than for the unpaid stock owned by him or
her.
237.
No corporation shall issue preferred stock without the consent of the
owners of two-thirds of the stock of said corporation.
238.
The Legislature shall have the power to alter, amend or revoke any charter
of incorporation now existing and revocable at he ratification of this
Constitution, or any that may be hereafter :created,
whenever, in its opinion, such charter may be injurious to the citizens of
this State, in such manner, however, that no injustice shall be done to the
stockholders.
239.
Any association or corporation organized for the purpose, or my individual,
shall have the right to construct and maintain lines of telegraph and
telephone within this State, and connect the same with other lines; and the
Legislature shall, by general law of uniform operation, provide reasonable
regulations to give full effect to this section. No telegraph or telephone
company shall consolidate with or hold a controlling interest in the stock
or bonds of any other telegraph or telephone company owning a complete
line, or acquire, by purchase or otherwise, any other competing line of
telegraph or telephone.
240.
All corporations shall have the right to sue, and shall be sub-iect
to be sued, in all courts in like cases as natural persons.
241.
The term " corporation," as used in this article, shall be
construed to include all joint stock companies, and all associations
having my of the powers or privileges of corporations not possessed by
individuals or partnerships.
Railroads
And Canals
242.
All railroads and canals, not constructed and used exclusively for private
purposes, shall be public highways, and all railroad and canal companies
shall be common carriers. Any association or cor-3oration organized for the
purpose shall have the right to construct and operate a railway between any
points in this State, and connect it the State line with railroads of other
States. Every railroad com-aany shall have the
right with its road to intersect, connect with. or cross any other railroad,
and each shall receive and transport the freight, passengers and cars,
loaded or empty, of the others, without delay or discrimination.
243.
The power and authority of regulating railroad freight and passenger
tariffs, the locating and building of passenger and freight depots,
correcting abuses, preventing unjust discrimination and extor-ion
and requiring reasonable and just rates of freight and passenger tariffs,
are hereby conferred upon the Legislature, whose duty it shall be to pass
laws from time to time regulating freight and passenger tariffs, to prohibit
unjust discrimination on the various railroads, canals and rivers of the
State, and to prohibit the charging of other than just and reasonable rates,
and enforce the same by adequate penalties.
244.
No railroad or other transportation company or corporation shall grant free
passes or sell tickets or passes at a discount, other than as sold to the
public generally, to any member of the Legislature, or to any officer
exercising judicial functions under the law? of this State; and any such
member or officer receiving such pass or ticket for himself or procuring the
same for another, shall be guilty of a misdemeanor, and upon conviction
shall be fined not exceeding five hundred dollars and. at the discretion of
the court trying the case, in addition to such fine, may be imprisoned for a
term not exceeding six months, and upon conviction, shall be subject to
impeachment and removal from office. The courts having jurisdiction shall
give this law specially in charge to the Grand
Juries, and when the evidence is sufficient to authorize an indictment, the
Grand Jury must present a true bill. The Circuit Court or any court of like
jurisdiction in any county into or through which such member or officer is
transported by the use of such prohibited pass or ticket, shall have
jurisdiction of the case, provided, only one prosecution shall be bad for
the same offense; and provided further, that the trial and judgment for
one offense shall not bar a prosecution for another offense, when the same
pass or ticket is used; and provided further, that nothing herein shall
prevent a member of the Legislature who is a bona fide employe
of a railroad or other transportation company or corporation at the time of
his election, from accepting or procuring for himself or another, not a
member of the Legislature, or officer exercising judicial functions, a free
pass over the railroads or other transportation company or corporation by
which he is employed.
245.
No railroad company shall give or pay any rebate, or a bonus in the nature
thereof, directly or indirectly, or do any act to mislead or deceive the
public as to the real rates charged or received for freights or passage; and
any such payments shall be illegal and void, and these prohibitions shall be
enforced by suitable penalties.
246.
No railroad, canal or transportation company in
existence at the time of the ratification of this Constitution shall have
the benefit of any future legislation by general or special laws, other than
in execution of a trust created by law or by contract, except on condition
of complete acceptance of all the provisions of this article.
ARTICLE
XIII
BANKS AND BANKING
247.
The Legislature shall not have the power to establish or incorporate any
bank or banking company, or moneyed institution, for the purpose of issuing
bills of credit, or bills payable to order or bearer, except under the
conditions prescribed in this Constitution.
248.
No bank shall be established otherwise than under a general banking law, nor
other than upon a specie basis; provided, that any bank may be established
with authority to issue bills to circulate as money in an amount equal to
the face value of bonds of the United States, or of this State, convertible
into specie at their face value, which shall, before such bank is authorized
to issue bills for circulation, be deposited with the State Treasurer, or
other depository prescribed by law, in an amount equal to the aggregate of
such proposed issue, with power in such treasurer or depository to dispose
of any or all of such bonds for a sufficient amount of specie to redeem the
circulating notes of such bank at any time and without delay, should such
bank suspend specie payment or fail to redeem its notes on demand.
249.
All bills or notes issued as money shall be at all times redeemable in
gold or silver, and no law shall be passed sanctioning, directly or
indirectly, the suspension by any bank or banking company of specie
payment.
250.
Holders of bank notes, and depositors who have not stipulated for interest,
shall, for such notes and deposits, be entitled, in case of insolvency, to
preference of payment over all other creditors; provided, this section
shall apply to all banks, whether incorporated or not.
251.
Every bank or banking company shall be required to cease all banking
operations within twenty years from the time of its organization, unless
the time be extended by law, and promptly thereafter close its business; but
after it has closed its business it shall have corporate capacity to sue and
shall be liable to suits until its affairs and liabilities are fully closed.
252.
No bank shall receive, directly or indirectly, a greater rate of interest
than shall be allowed by law to individuals for lending money.
253.
Neither the State nor any political subdivision thereof shall be a
stockholder in any bank, nor shall the credit of the State or any political
subdivision thereof ever be given or lent to any banking company,
association or corporation.
254.
The Legislature shall by appropriate laws provide for the examination, by
some public officer, of all banks and banking institutions and trust
companies engaged in banking business in this State; and each of such banks
and banking companies or institutions shall, through its president or such
other officer as the Legislature may designate, make a report under oath of
its resources and liabilities at least twice a year.
255.
The provisions of this article shall apply to all banks except National
banks, and to all trust companies and individuals doing a banking business,
whether incorporated or not.
ARTICLE XIV
EDUCATION
256.
The Legislature shall establish, organize and maintain a liberal system of
public schools throughout the State for the benefit of the children thereof
between the ages of seven and twenty-one years. The public school fund shall
be apportioned to the several counties in proportion to the number of school
children of school age therein, and shall be so apportioned to the schools
in the districts or townships in the county as to provide, as nearly as
practicable, school terms of equal duration in such school districts or
townships. Separate schools shall be provided for white and colored
children, and no child of either race shall be permitted to attend a school
of the other race.
257.
The principal of all funds arising from the sale or other disposition of
lands or other property, which has been or may hereafter be granted or
entrusted to this State or given by the United States for educational
purposes shall be preserved inviolate and undiminished; and the income
arising therefrom shall be faithfully applied to
the specific object of the original grants or appropriations.
258.
All lands or other property given by individuals, or appropriated by the
State for educational purposes, and all estates of deceased persons who die
without leaving a will or heir shall be faithfully applied to the
maintenance of the public schools.
259.
All poll taxes collected in this State shall be applied to the support of
the public schools in the respective counties where collected.
260.
The income arising from the Sixteenth Section trust fund, the surplus
revenue fund, until it is called for by the
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overnment, and the funds enumerated in
Sections 257 and 258 of this constitution, together with a special annual
tax of thirty cents on each one hundred dollars of taxable property in this
State, which the Legislature shall levy, shall be applied to the support and
maintenance of the public schools, and it shall be the duty of the
Legislature to increase the public school fund from time to time, as the
necessity therefor and the condition of the
treasury and the resources of the State may justify; provided, that nothing
herein contained shall be so construed as to authorize the Legislature to
levy in any one year a greater rate of State taxation for all purposes,
including schools, than sixty-five cents on each one hundred dollars worth
of taxable property ; and provided further, that nothing herein contained
shall prevent the Legislature from first providing for the payment of the
bonded indebtedness of the State and interest thereon out of all the
revenues of the State.
261.
Not more than four per cent, of all moneys raised, or which may hereafter be
appropriated for the support of public schools, shall be used or expended
otherwise than for the payment of teachers employed in such schools;
provided, that the Legislature may, by a vote of two-thirds of each House,
suspend the operation of this section.
262.
The supervision of the public schools shall be vested in a Superintendent of
Education, whose powers, duties and compensation shall be fixed by law.
263.
No money raised for the support of the public schools, shall be appropriated
to or used for the support of any sectarian or denominational school.
264.
The State University shall be under the management and control of a board
of trustees which shall consist of two members from the Congressional
district in which the University is located, one from each of the other
Congressional districts in the State, the Superintendent of Education and
the Governor who shall be ex-officio president of the board. The members
of the Board of Trustees as now constituted shall hold office until their
respective terms expire under existing law, and
until their successors shall be elected and confirmed as hereinafter
required. Successors to those trustees whose terms expire in nineteen
hundred and two shall hold office until nineteen hundred and seven;
successors to those trustees whose terms expire in nineteen hundred and four
shall hold office until nineteen hundred and eleven; successors to those
trustees whose terms expire in nineteen hundred and six shall hold office
until nineteen hundred and fifteen; and thereafter their successors shall
hold office for a term of twelve years. When the term of any member of such
board shall expire, the remaining members of the board shall by secret
ballot elect his successor; provided, that any trustee so elected shall hold
office from the date of his election until his confirmation or rejection by
the Senate, and, if confirmed, until the expiration of the term for which he
was elected, and until his successor is elected. At every meeting of the
Legislature the Superintendent of Education shall certify to the Senate the
names of all who have been so elected since the last session of the
Legislature, and the Senate shall confirm or reject them, as it shall
determine is for the best interest of the University. If it reject
the names of any members, it shall thereupon elect trustees in the stead of
those rejected. In case of a vacancy on said board by death or resignation
of a member, or from any cause other than the expiration of his term of
office, the board shall elect his successor who shall hold office until the
next session of the Legislature. No trustee shall receive any pay or
emolument other than his actual expenses incurred in the discharge of his
duties as such.
265.
After the ratification of this Constitution there shall be paid out of the
treasury of this State, at the time and in the manner provided by law, the
sum of not less than thirty-six thousand dollars per annum as interest on
the funds of the University of Alabama, heretofore covered into the
treasury, for the maintenance and support of said institution; provided,
that the Legislature shall have the power at any time they deem proper for
the best interest of said University to abolish the military system at said
institution, or reduce the said system to a department of instruction, and
that such action on the part of the Legislature shall not cause any
diminution of the amount of the annual interest payable out of the treasury
for the support and maintenance of said University.
266.
The Alabama Polytechnic Institute, formerly called the Agricultural and
Mechanical College, shall be under the management and control of a Board of
Trustees, which shall consist of two members from the Congressional district
in which the institute is located, and one from each of the other
Congressional districts in the State, the State Superintendent of Education,
and the Governor, who shall be ex-officio president of the board. The
trustees shall be appointed by the Governor, by and with the advice and
consent of the Senate, and shall hold office for a term of twelve years, and
until their successors shall be appointed and qualified. The board shall
be divided into three classes, as nearly equal as may be, so that one-third
may be chosen quadrennially. Vacancies occurring
in the office of trustees from death or resignation, and the vacancies
regularly occurring in the year nineteen hundred and five, shall be filled
by the Governor, and such appointee shall hold office until the next meeting
of the Legislature. Successors to those trustees whose terms expire in
nineteen hundred and three shall hold office until nineteen hundred and
eleven; successors to those whose terms of office expire in nineteen hundred
and five shall hold office until nineteen hundred and fifteen; and
successors to those whose terms of office expire in nineteen hundred and
seven shall hold office until nineteen hundred and nineteen. No trustee
shall receive any pay or emolument other than his actual expenses incurred
in the discharge of his duties as such
267.
The Legislature shall not have power to change the location of the State
University, or the Alabama Polytechnic Institute, or the Alabama school for
the Deaf and Blind, or the Alabama Girls' Industrial school, as now
established by law, except upon a vote of two-thirds of the Legislature
taken by yeas and nays and entered upon the Journals.
268.
The Legislature shall provide for taking a school census by townships and
districts throughout the State not oftener than once in two years, and shall
provide for the punishment of all persons or officers making false or
fraudulent enumerations and returns; provided, the State Superintendent of
Education may order and supervise the taking of a new census in any
township, district or county, whenever he may have reasonable cause to
believe that false or fraudulent returns have been made.
269.
The several counties in this State shall have power to levy and collect a
special tax not exceeding ten cents on each one hundred dollars of taxable
property in such counties, for the support of public schools; provided, that
the rate of such tax, the time it is to continue, and the purpose thereof,
shall have been first submitted to a vote of the qualified electors of the
county, and voted for by three-fifths of those voting at such election; but
the rate of such special tax shall not increase the rate of taxation, State
and county combined, in any one year, to more than one dollar and
twenty-five cents on each one hundred dollars of taxable property;
excluding, however, all special county taxes for public buildings, roads,
bridges and the payment of debts existing at the ratification of the
Constitution of eighteen hundred and seventy-five. The funds arising from
such special school tax shall be so apportioned and paid through the proper
school officials to the several schools in the townships and districts in
the county that the school terms of the respective schools shall be
extended by such supplement as nearly the same length of time as practicable
; provided, that this section shall not apply to the cities of
Decatur, New Decatur and Cullman.
270.
The provisions of this article and of any act of the Legislature passed in
pursuance thereof to establish, organize and maintain a system of public
schools throughout the State, shall apply to Mobile county only so far as to
authorize and require the authorities designated by law to draw the
portions of the funds to which said county shall be entitled for school
purposes and to make reports to the Superintendent of Education as may be
prescribed by law; and all special incomes and powers of taxation as now
authorized by law for the benefit of public schools in said county shall
remain undisturbed until otherwise provided by the Legislature; provided,
that separate schools for each race shall always be maintained by said
school authorities.
ARTICLE XV
MILITIA
271.
The Legislature shall have power to declare who shall constitute the
militia of the State, and to provide for
organizing, arming and disciplining the same; and the Legislature may
provide for the organization of a State and Naval Militia.
272.
The Legislature, in providing for the organization, equipment and discipline
of the militia, shall conform as nearly as practicable to the regulations
for the government of the armies of the
273.
Each company and regiment shall elect its own company and regimental
officers; but if any company or regiment shall neglect to elect such
officers within the time prescribed by law, they may be appointed by the
Governor.
274.
Volunteer organizations of infantry, cavalry, and artillery and naval
militia may be formed in such manner and under such restrictions and with
such privileges as may be provided by law.
275.
The militia and volunteer forces shall, in all cases, except treason, felony
and breach of the peace, be privileged from arrest during their attendance
at musters, parades and elections, and in going to and returning from the
same.
276.
The Governor shall, with the advice and consent of the Senate, appoint all
general officers, whose terms of office shall be four years. The Governor,
the generals and regimental and battalion commanders shall appoint their own
staffs, as may be provided by law.
277.
The Legislature shall provide for the safe keeping of the arms, ammunition
and accoutrements and military records, banners and relics of the State.
278.
The officers and men of the militia and volunteer forces shall not be
entitled to or receive any pay, rations or emoluments when not in active
service.
ARTICLE XVI
OATH OF
OFFICE
279.
All members of the Legislature, and all officers, executive and judicial,
before they enter upon the execution of the duties of their respective
offices, shall take the following oath or affirmation:
"
I,
———— ————, solemnly swear (or affirm, as the case may be),
that I will support the Constitution of the United States, and the
Constitution of the State of Alabama, so long as I continue a citizen
thereof; and that I will faithfully and honestly discharge the duties of-the
office upon which I am about to enter, to the best of mv
ability. So help me God."
The
oath may be administered by the presiding officer of either House of the
Legislature, or by any officer authorized by law to administer an oath.
ARTICLE XVII
MISCELLANEOUS PROVISIONS
280.
No person holding an office of profit under the United States, except
postmasters, whose annual salaries do not exceed two hundred dollars, shall
during his continuance in such office hold any office of profit under this
State; nor, unless otherwise provided in this Constitution, shall any
person hold two offices of profit at one and the same time under this State,
except Justices of the Peace, Constables, Notaries Public and Commissioners
of Deeds.
281.
The salary, fees or compensation of any officer holding any civil office of
profit under this State or any county or municipality thereof, shall not be
increased or diminished during the term for which he shall have been elected
or appointed.
282.
It is made the duty of the Legislature to enact all laws necessary to give
effect to the provisions of this Constitution.
283.
The act of the General Assembly of Alabama, entitled, "An Act to
consolidate and adjust the bonded debt of the State of Alabama,"
approved February 18th, 1895, and an act amendatory thereof entitled,
"An Act to amend Section 6 of an act to consolidate and adjust the
bonded debt of the State of Alabama, approved February 18th, 1895,"
which said last named act was approved February 16th, 1899, are hereby made
valid, and both of said acts shall have the full force and effect of law,
except insofar as they authorize the redemption before maturity of the
bonds authorized by said acts to be issued. The Governor is authorized and
empowered to act under the same and to carry out all the provisions thereof;
provided, that the bonds authorized to be issued by said acts and issued thereunder
may be made payable at any time, not exceeding fifty years from the date
thereof, and shall not be redeemable until their maturity.
ARTICLE XVIII
MODE OF
284.
Amendments may be proposed to this Constitution by the Legislature in the
manner following: The proposed amendments shall be read in the House in
which they originate on three several days and if upon the third reading
three-fifths of all the members elected to that House shall vote in favor
thereof, the proposed amendments shall be sent to the other House, in
which they shall likewise be read on three several days, and if upon the
third reading three-fifths of all the members elected to that House shall
vote in favor of the proposed amendments, the Legislature shall order an
election by the qualified electors of the State upon the proposed
amendments, to be held either at the general election next succeeding the
session of the Legislature at which the amendments are proposed or upon
another day appointed by the Legislature not less than three months after
the final adjournment of the session of the Legislature at which the
amendments were proposed. Notice of such election, together with the
proposed amendments, shall be given by proclamation of the Governor, which
shall be published in every county in such manner as the Legislature shall
direct, for at least eight successive weeks next preceding the day appointed
for such election. On the day so appointed an election shall be held for the
vote of the qualified electors of the State upon the proposed amendments. If
such election be held on the day of the general election, the officers of
such general election shall open a poll for the vote of the qualified
electors upon the proposed amendments; if it be held on a day other than
that of a general election, officers for such election shall be appointed,
and the election shall be held in all things in accordance with the law
governing general elections. In all elections upon such proposed
amendments, the votes cast thereat shall be canvassed, tabulated and returns
thereof be made to the Secretary of State, and counted, in the same manner
as in elections for Representatives to the Legislature; and if it shall
thereupon appear that a majority of the qualified electors who voted at such
election upon the proposed amendments voted in favor of the same, such
amendments shall be valid to all intents and purposes as parts of this
Constitution. The results of such election shall be made known by
proclamation of the Governor. Representation in the Legislature shall be
based upon population, and such basis of representation shall not be
changed by constitutional amendment.
285.
Upon the ballots used at all elections provided for in Section 284 of this
Constitution, the substance or subject matter of each proposed amendment
shall be so printed that the nature thereof shall be clearly indicated.
Following each proposed amendment on the ballot shall be printed the word "
Yes " and immediately under that shall be printed the word
" No." The choice of the elector shall be indicated by a cross
mark made by him or under his direction opposite the word expressing his
desire, and no amendment shall be adopted unless it receives the affirmative
vote of a majority of all the qualified electors who vote at such election.
286.
No convention shall hereafter be held for the purpose of altering or
amending the Constitution of this State, unless after the Legis-lature
by a vote of the majority of all the members elected to each House, has
passed an act or resolution calling a Convention for such purpose, the
question of Convention or No Convention shall be first submitted to a vote
of all the qualified electors of the State and approved by a majority of
those voting at such election. No act or resolution of the Legislature
calling a convention for the purpose of altering or amending the
Constitution of this State, shall be repealed, except upon the vote of a
majority of all the members elected to each House at the same session at
which such act or resolution was passed; provided, nothing herein contained
shall be construed as restricting the jurisdiction and power of the
convention, when duly assembled in pursuance of this section, to establish
such ordinances and to do and perform such things as to the convention may
seem necessary or proper for the purpose of altering, revising, or amending
the existing Constitution.
287.
All votes of the Legislature upon proposed amendments to this Constitution,
and upon bills or resolutions calling a Convention for the purpose of
altering or amending the Constitution of this State, shall be taken by yeas
and nays and entered on the Journals. No act or resolution of the
Legislature passed in accordance with the provisions of this article,
proposing amendments to this Constitution, or calling a convention for the
purpose of altering or amending the Constitution of this State, shall be
submitted for the approval of the Governor, but shall be valid without his
approval.
schedule
In
order that no injury or inconvenience may arise from the alterations and
amendments made by this Constitution to the existing Constitution of this
State, and to carry this Constitution into effect it is hereby ordained and
declared:
1.
That all laws in force at the ratification of this Constitution and not
inconsistent therewith, shall remain in full force until altered or repealed
by the Legislature; and all rights, actions, prosecutions, claims and
contracts of the State, counties, municipal corporations, individuals, or
bodies corporate, not inconsistent with this Constitution, shall continue to
be valid as if this Constitution had not been ratified.
2.
That all bonds executed by or to any officer of this State, all recognizances,
obligations, and all other instruments executed to this State, or to any
subdivision or municipality thereof, before the ratification of this
Constitution, and all fines, taxes, penalties, and forfeitures due and
owing to the State, or any subdivision or municipality thereof, and all
writs, suits, prosecutions, claims and causes of action, except as herein
otherwise provided, shall continue and remain unaffected by the ratification
of this Constitution. All indictments which have been found, or which may
hereafter be found, for any crime or offense committed before the
ratification of this Constitution shall be proceeded upon in the same manner
as if this Constitution had not been ratified.
3.
That all the executive and judicial officers and all other officer in this
State, who were elected at the elections held in this State on the first
Monday in August in the years eighteen hundred and ninety-eight and nineteen
hundred, or who have been appointed since that time, and all members of the
present General Assembly and all who may be hereafter elected members of the
present General Assembly, and all other officers holding office at the time
of the ratification of this Constitution, shall, except as otherwise
provided in this Constitution, continue in office and exercise the duties
thereof until their respective terms shall expire as provided by the
Constitution of eighteen hundred and seventy-five or the laws of this State.
4.
This Constitution shall be submitted to the qualified electors of this State
for ratification or rejection, as authorized and required by an act of the
General Assembly of this State, entitled "An Act to provide for
holding a convention to revise and amend the Constitution of this
State," approved the eleventh day of December, nineteen hundred
; and no elector shall be deprived of his right to vote at the
election to be held for such purpose by reason of his not being registered.
5.
That instead of the publication as required by the act to provide for
holding a convention to revise and amend the Constitution, approved the
eleventh day of December, nineteen hundred, the Governor of this State is
hereby authorized to take such steps as will give general publicity and
circulation to this Constitution in a manner as economical as practicable.
6.
The salaries of the Executive and Judicial and all other officers of this
State, who may be holding office at the time of the ratification of this
Constitution, and the payment of the present members of the General
Assembly, shall not be affected by the provisions of this Constituition.
Done
by the people of Alabama, through their delegates in convention assembled
in the hall of the House of Representatives, at Montgomery, Alabama, this
the third day of September, Anno Domini,
nineteen hundred and one.
Attest:
As Adopted by the Constitutional Convention, September 3. 1901, and in
Effect