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ALABAMA
CONSTITUTION OF THE
STATE OF ALABAMA
PREAMBLE
We, the people of the State of Alabama, in order to establish
justice, insure domestic tranquillity, and secure the blessings of
liberty to ourselves and our posterity, invoking the favor and guidance
of Almighty God, do ordain and establish the following Constitution and
form of government for the State of Alabama:
SECTION
That the great, general, and essential principles of liberty and free
government may be recognized and established, we declare:
SECTION 1
Equality and rights of men.
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.
SECTION 2
People source of power.
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.
SECTION 3
Religious freedom.
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 rate 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.
SECTION 4
Freedom of speech and press.
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.
SECTION 5
Unreasonable search and seizure; search warrants.
That the people shall be secure in their persons, houses, papers, and
possessions from unreasonable seizure 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.
SECTION 6
Rights of persons in criminal prosecutions generally;
self-incrimination; due process of law; right to speedy, public trial;
change of venue.
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 therefore; 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.
SECTION 7
Accusation, arrest and detention; punishment limited to laws
established prior to offense.
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.
SECTION 8
Proceeding against person by information; grand jury not required in
misdemeanor cases.
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 the 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.
SECTION 9
Double jeopardy; discharge of juries from cases.
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 an
advantage by reason of such discharge of the jury.
SECTION 10
Right to prosecute civil cause.
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.
SECTION 11
Right to trial by jury.
That the right of trial by jury shall remain inviolate.
SECTION 12
Prosecutions for libel or for publication of papers investigating
official conduct of public officers.
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.
SECTION 13
Courts to be open; remedies for all injuries; impartiality of
justice.
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.
SECTION 14
State not to be made defendant.
That the State of Alabama shall never be made a defendant in any
court of law or equity.
SECTION 15
Excessive fines; cruel or unusual punishment.
That excessive fines shall not be imposed, nor cruel or unusual
punishment inflicted.
SECTION 16
Right to bail; excessive bail.
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.
SECTION 17
Suspension of habeas corpus.
That the privilege of the writ of habeas corpus shall not be
suspended by the authorities of this state.
SECTION 18
Treason against the state.
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.
SECTION 19
Bills of attainder of treason by legislature prohibited; conviction
not to work corruption of blood or forfeiture of estate.
That no person shall be attainted of treason by the legislature; and
no conviction shall work corruption of blood or forfeiture of estate.
SECTION 20
Imprisonment for debts.
That no person shall be imprisoned for debt.
SECTION 21
Suspension of laws.
That no power of suspending laws shall be exercised except by the
legislature.
SECTION 22
Ex post facto laws; impairment of obligations of contracts;
irrevocable or exclusive grants of special privileges or immunities.
That no ex post facto law, nor any law, impairing the obligations of
contracts, or making any irrevocable or exclusive grants of special
privileges or immunities, shall be passed by the legislature; and every
grant or franchise, privilege, or immunity shall forever remain subject
to revocation, alteration, or amendment.
SECTION 23
Eminent domain.
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 therefore; 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.
SECTION 24
Navigable waters declared free public highways; taxes, tolls, etc.,
for use of shores or wharves.
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 streams, unless the same be expressly authorized by
law.
SECTION 25
Right to peaceably assemble and petition for redress of grievances,
etc.
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 of grievances or other purposes, by
petition, address, or remonstrance.
SECTION 26
Right to bear arms.
That every citizen has a right to bear arms in defense of himself and
the state.
SECTION 27
Standing army; military subordinate to civil power.
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.
SECTION 28
Quartering of soldiers in houses.
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.
SECTION 29
Titles of nobility, hereditary distinction, etc.; restriction on
appointments to office.
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.
SECTION 30
Immigration, emigration and exile.
That immigration shall be encouraged; emigration shall not be
prohibited, and no citizen shall be exiled.
SECTION 31
Residence not forfeited by temporary absence from state.
That temporary absence from the state shall not cause a forfeiture of
residence once obtained.
SECTION 32
Slavery prohibited; involuntary servitude.
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.
SECTION 33
Protection of suffrage.
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.
SECTION 34
Property rights of aliens.
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.
SECTION 35
Objective of government.
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.
SECTION 36
Construction of Declaration of Rights.
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.
SECTION 37
State boundaries defined.
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.
SECTION 38
County boundaries ratified and confirmed.
The boundaries of the several counties of this state, as they now
exist, are hereby ratified and confirmed.
SECTION 39
Arrangement and designation of county boundaries; new counties.
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.
SECTION 40
Minimum distance of county boundaries from courthouse.
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 courthouse of any old county.
SECTION 41
Removal of courthouse or county site.
No courthouse 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.
SECTION 42
Legislative, executive and judicial departments established.
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: Those which are legislative, to
one; those which are executive, to another; and those which are
judicial, to another.
SECTION 43
Separation of powers.
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.
SECTION 44
Composition of legislature.
The legislative power of this state shall be vested in a legislature,
which shall consist of a senate and a house of representatives.
SECTION 45
Style of laws; division of laws; laws restricted to one subject;
amendment or revival of laws by title only.
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. SECTION 46
Election and terms of office of senators and representatives;
vacancies in office.
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 term 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.
SECTION 47
Qualifications of senators and representatives.
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.
SECTION 48
Time and place of meetings of legislature; maximum length of
sessions.
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 the 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.
SECTION 49
Compensation of members of legislature.
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.
SECTION 50
Number of senators and representatives; apportionment of
legislators.
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.
SECTION 51
Election of president pro tem. of senate and speaker of house of
representatives; temporary president and speaker; officers of each
house; each house judge of election, returns and qualifications of
members.
The senate, at the beginning of each regular session, and at such
other times as may be necessary, shall elect one of its member’s
president pro tem. 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.
SECTION 52
Quorum in each house.
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.
SECTION 53
Rules of proceedings of both houses; punishment for contempt or
disorderly behavior; enforcement of process; protection of members from
violence, bribes, etc.; expulsion of members.
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 bribes 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.
SECTION 54
Expulsion for corruption bar to further service in legislature;
punishment for contempt or disorderly behavior not bar to indictment for
same offense.
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.
SECTION 55
Journal of proceedings of each house.
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.
SECTION 56
Immunity of legislators.
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 shall not be questioned in any
other place.
SECTION 57
Doors of each house to be open; exceptions; restrictions on
admittance to floor.
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, the officers and employees of the two
houses, the governor and his secretary, representatives of the press,
and other persons to whom either house, by unanimous vote, may extend
the privileges of its floor.
SECTION 58
Adjournment or change of place of sitting by one house without
consent of other house.
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.
SECTION 59
Appointment of legislators to other offices during terms for which
elected.
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.
SECTION 60
Conviction of certain crimes bar to eligibility for legislature and
to holding state office of trust or profit.
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.
SECTION 61
Laws to be passed by bills; restrictions on amendments to bills.
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 its
original purpose.
SECTION 62
Referral of bills to standing committees.
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 there from, which facts shall affirmatively appear
upon the journal of each house.
SECTION 63
Number of readings for bills; recordation of votes on bills;
majority vote required for passage of bills.
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 be taken by yeas and nays, the names of the members
voting for and against the same be entered upon the journals, and a
majority of each house be recorded thereon as voting in its favor,
except as otherwise provided in this Constitution.
SECTION 64
Procedure for amendment of bills; adoption of reports of committees
of conference.
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.
SECTION 65
Lotteries and gift enterprises prohibited.
The legislature shall have no power to authorize lotteries or gift
enterprises for any purposes, 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.
SECTION 66
Signature of bills by presiding officer of each house; reading of
bills at length may be dispensed with.
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 read
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.
SECTION 67
Number, duties and compensation of officers and employees of each
house.
The legislature shall prescribe by law the number, duties, and
compensation of the officers and employees 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 employee elected or appointed in
pursuance of law.
SECTION 68
Extra compensation not to be granted public officer, employee,
contractor, etc., after service rendered or contract made; increase or
decrease of compensation of officers during term of office.
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' courts 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.
SECTION 69
Stationery, printing, fuel, etc., to be furnished by lowest
responsible bidder; conflicts of interest.
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 such regulations as shall be
prescribed by law; no member or officer of any department of the
government shall be in any way interested in such contract, and all such
contracts shall be subject to the approval of the governor, auditor, and
treasurer.
SECTION 70
Revenue bills to originate in house of representatives; preparation
of general revenue bill; amendments to revenue bills by senate; time
limit for passage of revenue bills.
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.
SECTION 71
Restrictions on general appropriation bill.
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 employee 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.
SECTION 72
Payment of money out of state treasury; publication of annual
statement of receipts and expenditures.
No money shall be paid out of the treasury except upon appropriations
made by law, and on warrant 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.
SECTION 73
Appropriations to charitable or educational institutions not under
absolute control of state.
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.
SECTION 74
Authorization of investment of trust funds by executors, trustees,
etc., in bonds or stock of private corporations prohibited.
No act of the legislature shall authorize the investment of any trust
fund by executors, administrators, guardians, or other trustees in the
bonds or stock of any private corporation; and any such acts now
existing are avoided, saving investments heretofore made.
SECTION 75
Change of venue in civil and criminal cases.
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.
SECTION 76
Restrictions on legislation at special sessions; duration of special
sessions.
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.
SECTION 77
State office for inspection or measuring of merchandise,
commodities, etc., prohibited.
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.
SECTION 78
Legislation to change seat of government of state.
No act of the legislature changing the seat of government of the
state shall become a law until the same shall have been submitted 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.
SECTION 79
Bribery — Solicitation, acceptance, etc., of bribes by legislators.
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.
SECTION 80
Same — Offer, gift, etc., of money, etc., to executive or judicial
officers or members of legislature to influence official acts.
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.
SECTION 81
Offense of corrupt solicitation to be defined by law.
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.
SECTION 82
Disclosure of personal or private interest in bills, etc., by
legislators.
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.
SECTION 83
Voting in elections by legislature.
In all elections by the legislature the members shall vote viva voce,
and the votes shall be entered on the journal.
SECTION 84
Adoption of laws to provide for arbitration between parties.
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.
SECTION 85
Periodic revision and promulgation of laws.
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.
SECTION 86
Suppression of dueling.
The legislature shall pass such penal laws as it may deem expedient
to suppress the evil practice of dueling.
SECTION 87
Deductions from salaries or compensation of public officers for
neglect of duty.
It shall be the duty of the legislature to regulate by law the cases
in which 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.
SECTION 88
Counties to provide for maintenance of the poor.
It shall be the duty of the legislature to require the several
counties of this state to make adequate provision for the maintenance of
the poor.
SECTION 89
Municipalities not to pass laws in conflict with general laws of
state.
The legislature shall not have power to authorize any municipal
corporation to pass any laws inconsistent with the general laws of this
state.
SECTION 90
Acquisition of foreign territory; rights and privileges of
inhabitants of acquired territory.
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
Constitution. 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, and, if
necessary, to provide also for the issuance of state bonds, to pay for
the purchase of such foreign territory.
SECTION 91
Exemption from taxation of state, county, municipal, cemetery and
certain religious, educational and charitable property.
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 and 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.
SECTION 92
Rules and regulations to ascertain value of property exempted from
sale under legal process.
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.
SECTION 93
State not to engage in internal improvements or lend money or credit
for same; state interest in private or corporate enterprises prohibited.
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.
SECTION 94
Municipalities not to grant public money or lend credit to private
persons or corporations.
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.
SECTION 95
Impairing obligation of contracts; revival of barred rights or
remedies; removal of cause of action or defense to suit after
commencement of suit.
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.
SECTION 96
Uniformity of laws regulating court costs and charges and fees,
commissions and allowances of public officers.
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.
SECTION 97
Payment of salary of deceased officer after date of death.
The legislature shall not authorize payment to any person of the
salary of a deceased officer beyond the date of his death.
SECTION 98
Payments or grants to retiring officers.
The legislature shall not retire any officer on pay, or part pay, or
make any grant to such retiring officer.
SECTION 99
Restrictions on donation or sale of state lands to private
corporations or individuals; grant of easements to railroad, telephone
and telegraph companies.
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
land, and the legislature shall never dispose of the land covered by
such right of way except subject to such easement.
SECTION 100
Obligations and liabilities of corporations, etc., held or owned by
state, counties or municipalities.
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.
SECTION 101
Lobbying in legislature by state or county officials.
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.
SECTION 102
Miscegenation laws.
The legislature shall never pass any law to authorize or legalize any
marriage between any white person and a negro, or descendant of a negro.
SECTION 103
Regulation, etc., of common carriers, partnerships, associations,
trusts, monopolies and combinations of capital.
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.
SECTION 104
Special, private or local laws — Prohibited in certain cases.
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 nonage;
(3) Changing the name of any corporation, association, or individual;
(4) Providing for the adoption 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 or
municipal corporation, or remitting the forfeiture thereof; provided,
this shall not prohibit the legislature from altering or rearranging the
boundaries of the 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.
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.
SECTION 105
Same Prohibited in cases provided for by general law; exception as
to time of holding courts; partial repeal of general laws.
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.
SECTION 106
Same Publication or posting of notice of intent to apply therefore
within county or counties affected prior to introduction of bill.
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 therefore 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.
SECTION 107
Same Notice required by section 106 prerequisite to repeal or
amendment.
The legislature shall not, by a 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.
SECTION 108
Suspension of general laws for benefit of individuals or private
corporations; exemption of individuals or private corporations from
operation of general laws.
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.
SECTION 109
General laws for protection of local and private interests.
The legislature shall pass general laws under which local and private
interests shall be provided for and protected.
SECTION 110
"General law," "local law" and "special or private law" defined.
A general law within the meaning of this article is a law which
applies 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.
SECTION 111
Amendment of bill introduced as general law so as to become special,
private or local law on passage.
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.
SECTION 112
Composition; officers enumerated.
The executive department shall consist of a governor, lieutenant
governor, attorney-general, state auditor, secretary of state, state
treasurer, superintendent of education, commissioner of agriculture and
industries, and a sheriff for each county.
SECTION 113
Supreme executive power vested in governor.
The supreme executive power of this state shall be vested in a chief
magistrate, who shall be styled "The Governor of the State of Alabama."
SECTION 114
Governor, lieutenant governor, attorney-general, state auditor,
secretary of state, state treasurer, superintendent of education and
commissioner of agriculture and industries—How elected; when election
held.
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.
SECTION 115
Same Returns of election transmitted to speaker of house of
representatives; opening and publication of election returns; duties of
speaker and legislature ministerial in opening and publication of votes;
person having highest number
Same Returns of election transmitted to speaker of house of
representatives; opening and publication of election returns; duties of
speaker and legislature ministerial in opening and publication of votes;
person having highest number of votes elected; tie votes; contested
elections.
The returns of every election for governor, lieutenant governor,
attorney-general, state auditor, secretary of state, state treasurer,
superintendent of education, 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.
SECTION 116
Same Term of office; officers not eligible to succeed selves;
governor not eligible for other state office or senate of United States
during term or within one year thereafter.
The governor, lieutenant governor, attorney-general, state auditor,
secretary of state, state treasurer, superintendent of education,
commissioner of agriculture and industries, elected after the
ratification of this Constitution, shall hold their respective offices
for the term 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
United States, during his term, and within one year after the expiration
thereof.
SECTION 117
Qualifications of governor and lieutenant governor; lieutenant
governor ex officio president of senate.
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.
SECTION 118
Compensation and residency requirements for governor, lieutenant
governor, attorney-general, state auditor, secretary of state, state
treasurer, superintendent of education and commissioner of agriculture
and industries.
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.
SECTION 119
Increase in salary of governor at session of legislature following
ratification of Constitution.
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.
SECTION 120
Governor to faithfully execute laws.
The governor shall take care that the laws be faithfully executed.
SECTION 121
Governor may require reports from officers of executive department
and officers and managers of state institutions; false reports or
failure to file reports constitutes impeachable offense.
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 willfully false report or fails without sufficient excuse to
make the required report on demand, is guilty of an impeachable offense.
SECTION 122
Governor authorized to convene legislature on extraordinary
occasions; proclamation of governor to state matters on which action
necessary.
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.
SECTION 123
Reports and information to be given legislature by governor;
presentation of budget to legislature.
The governor shall, from time to time, give to 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.
SECTION 124
Authority of governor to remit fines and forfeitures and grant
reprieves, paroles, commutations of sentence and pardons; board of
pardons; report by governor to legislature; pardons in cases of felonies
and offenses involving moral turpitud
Authority of governor to remit fines and forfeitures and grant
reprieves, paroles, commutations of sentence and pardons; board of
pardons; report by governor to legislature; pardons in cases of felonies
and offenses involving moral turpitude.
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 therefore,
and the opinion 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.
SECTION 125
Presentation of bills to governor for signature; veto power of
governor; procedure for passage of bill after veto by governor; effect
of failure of governor to sign bill.
Every bill which shall have passed both houses of the legislature,
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 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 it, 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 can not 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 it; 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 it, 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, Sunday
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.
SECTION 126
Authority of governor to veto items in appropriation bills.
The governor shall have power to approve or disapprove any item or
items of any appropriation bill embracing distinct items, and the part
or the 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.
SECTION 127
Succession to office of governor; filling of vacancy when offices of
governor and lieutenant governor both vacant; procedure when governor or
successor impeached, absent from state, disabled, etc.; failure of
governor-elect, lieutenant gove
Succession to office of governor; filling of vacancy when offices of
governor and lieutenant governor both vacant; procedure when governor or
successor impeached, absent from state, disabled, etc.; failure of
governor-elect, lieutenant governor-elect, etc., to qualify.
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, returns 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 the 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. of 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 fail or refuse 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.
SECTION 128
Procedure when governor or acting governor appears to be of unsound
mind.
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 the 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.
SECTION 129
Compensation of acting governor.
The lieutenant governor, 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.
SECTION 130
Holding office in addition to that of governor.
No person shall, at the same time, hold the office of governor and
any other office, civil or military, under this state, or the United
States, or any other state or government, except as otherwise provided
in this Constitution.
SECTION 131
Military powers of governor.
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.
SECTION 132
Qualifications of attorney-general, state auditor, secretary of
state, state treasurer, superintendent of education and commissioner of
agriculture and industries.
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.
SECTION 133
Great seal of state.
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 Alabama."
SECTION 134
Duties of secretary of state generally.
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.
SECTION 135
Issuance and execution of grants and commissions.
All grants and commissions shall be issued in the name and by the
authority of the state of Alabama, sealed with the great seal of the
state, signed by the governor and countersigned by the secretary of
state.
SECTION 136
Vacancy in office or unsoundness of mind of attorney-general, state
auditor, secretary of state, state treasurer, superintendent of
education or commissioner of agriculture and industries.
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.
SECTION 137
Duties generally and restrictions on receipt of fees, etc., by
attorney-general, state auditor, secretary of state, state treasurer,
superintendent of education and commissioner of agriculture and
industries; annual report by state treasure
Duties generally and restrictions on receipt of fees, etc., by
attorney general, state auditor, secretary of state, state treasurer,
superintendent of education and commissioner of agriculture and
industries; annual reports by state treasurer and state auditor;
attorney general may be required to defend suits against state,
political subdivisions, officers, etc.
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.
SECTION 138
Election and term of office of sheriffs; sheriff not eligible to
succeed self; impeachment of sheriff; effect of impeachment of sheriff.
A sheriff shall be elected in each county by the qualified electors
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 this 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.
SECTION 139
Vesting of judicial power; minimum standards for establishment of
courts of general jurisdiction in counties.
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.
SECTION 140
Jurisdiction of supreme court generally; power of supreme court to
issue certain remedial and original writs.
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.
SECTION 141
Place of holding supreme court.
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.
SECTION 142
Division of state into circuits; residency requirements for circuit
judges.
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.
SECTION 143
Jurisdiction of circuit courts.
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.
SECTION 144
When and where circuit courts to be held; circuit judges may hold
court for each other; power of circuit judges to issue writs of
injunction returnable to courts of chancery.
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 every
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
courts of chancery, or courts having the jurisdiction of courts of
chancery.
SECTION 145
Authority to establish courts of chancery; division of state into
chancery divisions; districts within chancery divisions; residency
requirements for chancellor.
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.
SECTION 146
When and where chancery courts to be held; chancellors may hold
court for each other.
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.
SECTION 147
Certain counties need not be included in circuit or chancery
divisions; minimum number of counties in circuit or chancery divisions.
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.
SECTION 148
Legislature may confer jurisdiction of circuit and chancery court on
either court; consolidation of courts in counties having two or more
courts of record.
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.
SECTION 149
Legislature may establish court of probate in each county; powers
generally of probate courts.
The legislature shall have power to establish in each county a court
of probate, with general jurisdiction of orphans' business and with
power to grant letters testamentary and of 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.
SECTION 150
Compensation and restrictions on holding other offices for supreme
court justices, chancellors and judges of circuit and other courts of
record, except probate judges.
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 term for which they have been elected or
appointed.
SECTION 151
Composition of supreme court.
The supreme court shall consist of one chief justice and such number
of associate justices as may be prescribed by law.
SECTION 152
Election of supreme court justices, judges of circuit courts, judges
of probate courts and chancellors.
The chief justice and associate justices of the supreme court, judges
of the circuit courts, judges of 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.
SECTION 153
Election or appointment of judges of inferior courts.
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.
SECTION 154
Qualifications of chancellors and judges of courts of record.
Chancellors and judges of all courts of record shall have been
citizens of the United States and of this state for five years next
preceding their election or appointment, and shall be not less than
twenty-five years of age, and, except judges of probate courts, shall be
learned in the law.
SECTION 155
Terms of office of supreme court justices, chancellors and judges of
circuit and probate courts.
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 or time
of election.
SECTION 156
Time of holding election for supreme court justices; staggered terms
of office for supreme court justices.
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 United States, until the legislature shall by law change
the time of holding such election. The term of office of the chief
justice, who shall be elected in the year nineteen hundred and four,
shall be as provided in the last preceding section. The successors of
two of the associate justices elected in the year nineteen hundred and
four shall be elected in the year nineteen hundred and six, and the
successors of the other two associate justices elected in nineteen
hundred and four shall be elected in the year nineteen hundred and
eight. The associate justices of said court elected in the year nineteen
hundred and four shall draw or cast lots among themselves to determine
which of them shall hold office for the terms ending, respectively, in
the years nineteen hundred and six and nineteen hundred and eight, and
until their respective successors are elected or appointed and
qualified. The result of such determination shall be certified to the
governor, by such associate justices, or a majority of them, prior to
the first day of January, nineteen hundred and five, and such
certificate shall be entered upon the minutes of the court. In the event
of the failure of said associate justices to make and certify such
determination, the governor shall designate the terms for which they
shall respectively hold office, as above provided, and shall issue his
proclamation accordingly. In the event of an increase or reduction by
law of the number of associate justices of the supreme court, the
legislature shall, as nearly as may be, provide for the election, each
second year, of one-third of the members of said court.
SECTION 157
Judicial officers’ conservators of the peace.
All judicial officers within their respective jurisdictions shall, by
virtue of their offices, be conservators of the peace.
SECTION 158
Vacancies in office of supreme court justices, elected judges and
chancellors.
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.
SECTION 159
Initial appointment or election of judges or chancellors for newly
created circuits or chancery divisions.
Whenever any new circuit or chancery division is created the judge or
chancellor therefore 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 chancellors; 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.
SECTION 160
Procedure when judge or chancellor incompetent to try, hear or
render judgment in case.
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 a 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 in competency. 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.
SECTION 161
Failure of judges or chancellors to attend regular terms of court.
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.
SECTION 162
Judges of courts of record not to practice law.
No judge of any court of record in this state shall practice law in
any of the courts of this state or of the United States.
SECTION 163
Appointment, qualifications, terms of office and compensation of
registers in chancery; fees of registers of chancery to be uniform
throughout state.
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.
SECTION 164
Appointment and term of office of clerk of supreme court; selection
of clerks of inferior courts.
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.
SECTION 165
Election and term of office of clerks of circuit courts; clerk may
serve as register in chancery; filling of vacancies in office of clerk.
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 unexpired term.
SECTION 166
Removal of clerk of supreme court and registers in chancery.
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.
SECTION 167
Election, qualifications, terms of office and compensation of
circuit solicitors; appointment or election of county solicitors.
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 for 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 solicitors 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 of a solicitor for
any county.
SECTION 168
Election of justices of the peace and constables; jurisdiction of
justices of the peace; fees of justices of the peace and constables;
appeals from justices of the peace; terms of office of justices of the
peace and notaries public; appoint
Election of justices of the peace and constables; jurisdiction of
justices of the peace; fees of justices of the peace and constables;
appeals from justices of the peace; terms of office of justices of the
peace and notaries public; appointment of notaries public.
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.
SECTION 169
Exclusion of persons from courtroom in cases of rape and assault
with intent to ravish.
In all prosecutions for rape and assault with intent to ravish, the
court may, in its discretion, exclude from the courtroom all persons,
except such as may be necessary in the conduct of the trial.
SECTION 170
Style of all processes.
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."
SECTION 171
Authority of legislature to abolish courts when function conferred
upon some other court.
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.
SECTION 172
Terms of office of incumbents not abridged.
Nothing in this article shall be so construed as to abridge the term
of office of any officer now in office.
SECTION 173
Governor, lieutenant-governor, attorney-general, state auditor,
secretary of state, state treasurer, superintendent of education,
commissioner of agriculture and industries and justices of supreme
court.
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 willful neglect of duty, corruption
in office, incompetence, 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 capitol,
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.
SECTION 174
Chancellors, judges of circuit and probate courts, judges of courts
from which appeal may be taken directly to supreme court, solicitors and
sheriffs.
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.
SECTION 175
Clerks of circuit courts, courts of like jurisdiction and criminal
courts, tax collectors, tax assessors, judges of inferior courts,
coroners, justices of the peace, notaries public, constables and county
and municipal officers.
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.
SECTION 176
Limitation on impeachment penalties; accused person liable to
indictment and punishment.
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.
SECTION 177
Age and citizenship qualifications of electors.
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 upwards, 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
to become 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.
SECTION 178
Residency, registration and poll tax requirements for electors.
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.
SECTION 179
Method of voting.
All elections by the people shall be by ballot, and all elections by
persons in a representative capacity shall be viva voce.
SECTION 180
Persons qualified to register as electors Prior to December 20,
1902.
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.
SECTION 181
Same After January 1, 1903.
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
article, 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 due 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.
SECTION 182
Certain persons disqualified from registering and voting.
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, subornation 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 buying or offering to buy the vote of another, or of
making or offering to make a 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.
SECTION 183
Qualifications as elector required to participate in primary
elections, party conventions, mass meetings or other methods of
political party action.
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.
SECTION 184
Applicability of article as to elections held after 1902 general
election.
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.
SECTION 185
Oath or affirmation when vote challenged; false oath or affirmation
constitutes perjury.
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 anyone 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.
SECTION 186
Legislature to provide for registration procedure after January 1,
1903; procedure for registration prior to January 1, 1903.
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 a 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 session 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 courthouse 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 courthouses in a
county, the registrars may sit during such two days at the courthouse
they may select, but shall give ten days' notice, by bills posted at
each of the courthouses, designating the courthouse at which they will
sit.
Fourth - The board of registrars shall hold sessions at the
courthouse 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
two or more courthouses 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 courthouse 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 willfully 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 constituted the qualifications
that entitled 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 therefore 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.
SECTION 187
County board of registrars to furnish list of registered voters to
judges of probate by February 1, 1903; judges of probate to file list
with secretary of state by March 1, 1903; term for which registration
valid; certificate of registratio
County board of registrars to furnish list of registered voters to
judges of probate by February 1, 1903; judges of probate to file list
with secretary of state by March 1, 1903; term for which registration
valid; certificate of registration to be furnished elector when place of
residence changed.
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 persons, 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 the 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 there from 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.
SECTION 188
Certain information to be furnished prior to registration.
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 willfully 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.
SECTION 189
Testimony may be required of any person other than defendant in
trials of contested elections, proceedings to investigate elections and
criminal prosecutions under election laws; immunity from prosecution due
to testimony given.
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.
SECTION 190
Duty of legislature to pass laws regulating elections, primary
elections and purging of registration lists.
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.
SECTION 191
Protection against evils of intoxicating liquors at elections.
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.
SECTION 192
Electors immune from arrest going to, attending and returning from
elections.
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 there from.
SECTION 193
Returns of elections for certain officials to be made to secretary
of state.
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.
SECTION 194
Poll tax Amount; maximum age for payment; when due and payable; when
delinquent; returns of collections to be separate from other
collections.
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.
SECTION 195
Same Payment of tax of another; advance of money for payment in
order to influence vote.
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 therefore shall be imprisoned in the
penitentiary for not less than one nor more than five years.
SECTION 196
Severability of article.
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.
SECTION 197
Ratio of senators to representatives.
The whole number of senators shall be not less than one-fourth or
more than one-third of the whole number of representatives.
SECTION 198
Maximum number of members of house of representatives; apportionment
of house based on decennial census of United States.
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.
SECTION 199
Duty of legislature to fix number of representatives and apportion
them among counties following each decennial census; each county
entitled to at least one representative.
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.
SECTION 200
Duty of legislature to fix number of senators and divide state into
senatorial districts; equality of senatorial districts; senatorial
districts not to be changed until next apportioning session; division of
counties between senatorial dist
Duty of legislature to fix number of senators and divide state into
senatorial districts; equality of senatorial districts; senatorial
districts not to be changed until next apportioning session; division of
counties between senatorial districts prohibited; counties within
senatorial districts to be contiguous.
It shall be the duty of the legislature at its first session after
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 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.
SECTION 201
State may provide for enumeration of inhabitants for purpose of
apportionment of representatives and senators.
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 the 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.
SECTION 202
Initial apportionment of house of representatives.
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, Crenshaw,
Cullman, Dale, DeKalb, Escambia, Fayette, Franklin, Geneva, Greene,
Lamar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens,
Randolph, St. Clair, Shelby, Washington, and Winston, shall each have
one representative; the counties of Barbour, Bullock, Butler, Calhoun,
Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee,
Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter,
Talladega, Tallapoosa, Tuscaloosa, Walker, and Wilcox, shall each have
two representatives; the counties of Dallas and Mobile shall each have
three representatives; the county of Montgomery shall have four
representatives; and the county of Jefferson shall have seven
representatives.
SECTION 203
Initial apportionment of senatorial districts.
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-ninth 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.
SECTION 204
Personal property of value of one thousand dollars exempt from sale,
execution or other process of court issued for collection of debt.
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 or execution, or other process of any court, issued for the
collection of any debt contracted since the thirteenth day of July,
eighteen hundred and sixty-eight or after the ratification of this
Constitution.
SECTION 205
Homestead not exceeding eighty acres or city, town or village lot
not exceeding two thousand dollars in value exempt from sale, execution
or other process of court issued for collection of debt; exception as to
mortgages.
Every homestead not exceeding eighty acres, and the dwelling 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 Constitution. 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.
SECTION 206
Homestead of family exempt from payments of debt after death of
owner during minority of children.
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.
SECTION 207
Laborers' liens and mechanics' liens not barred by sections 204 and
205.
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.
SECTION 208
Homestead exempt upon death of owner, leaving widow, but no
children.
If the owner of a homestead die, leaving a widow, but no children,
such homestead shall be exempt, and the rents and profits thereof shall
inure to her benefit.
SECTION 209
Property rights of females; property of wife not liable for debts,
etc., of husband.
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 femme
sole.
SECTION 210
Waiver of right of exemption.
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 the wife, and attested
by one witness.
SECTION 211
Property taxes to be assessed in exact proportion to value of
property.
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.
SECTION 212
Power to levy taxes not to be delegated.
The power to levy taxes shall not be delegated to individuals or
private corporations or associations.
SECTION 213
Creation of state debt after ratification of Constitution; temporary
loans; refunding bonds for existing indebtedness.
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.
SECTION 214
Limitation on state property tax rate.
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.
SECTION 215
Limitation on county property tax rates; special county taxes for
public buildings, bridges and roads.
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.
SECTION 216
Limitation on property tax rates of municipal corporations.
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 appropriated 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, Huntsville, 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 the 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 the 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.
SECTION 217
Property of private corporations, associations and individuals to be
taxed at same rate; exception as to religious, educational and
charitable property.
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.
SECTION 218
Counties and municipal corporations exempt from payment of charges
payable from state treasury.
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.
SECTION 219
Estate taxes.
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.
SECTION 219
Estate taxes.
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.
SECTION 220
Consent of municipal corporation prerequisite to use of public
property for public utility or private enterprise purposes.
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.
SECTION 221
Payment of state license tax, etc., not to excuse payment of other
privilege and license taxes.
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 Alabama, and relieve him or it from the payment of
all other privilege and license taxes in the state.
SECTION 222
Issuance of bonds by counties, municipal corporations, districts and
other political subdivisions of counties.
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.
SECTION 223
Limitation on assessments for public improvements by municipal
corporations.
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 on 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.
SECTION 224
Limitation on county indebtedness.
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.
SECTION 225
Indebtedness of municipal corporations Limitation; exception as to
Sheffield and Tuscumbia.
No city, town, or other municipal corporation having a population of
less than six thousand, except as hereafter 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 of 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 Sheffield and Tuscumbia.
SECTION 226
Same Municipal corporations whose present indebtedness exceeds
constitutional limitation; exception as to Sheffield and Tuscumbia.
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.
SECTION 227
Liability of public utilities in municipal corporations for damages
to abutting property owners.
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.
SECTION 228
Maximum term of public utility franchises in cities and towns having
population of six thousand or more.
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.
SECTION 229
Special laws conferring corporate powers prohibited; general law as
to grant or amendment of corporate charters; corporation franchise taxes
to be paid; exemption of benevolent, educational or religious
corporations from franchise taxes.
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 Alabama of a
franchise tax by corporations organized under the laws of this state,
which shall be in proportion to the amount of capital stock; but
strictly benevolent, educational, or religious corporations shall not be
required to pay such a tax. The charter of any corporation shall be
subject to amendment, alteration, or repeal under general laws.
SECTION 230
Cancellation of certain corporate charters.
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.
SECTION 231
Limitation on remitting forfeiture of corporate charters.
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.
SECTION 232
Foreign corporations doing business in state.
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 Alabama of a
franchise tax by such corporation, but such franchise tax shall be based
on the actual amount of capital employed in this state. Strictly
benevolent, educational, or religious corporations shall not be required
to pay such a tax.
SECTION 233
Corporations restricted to business authorized by charter.
No corporation shall engage in any business other than that expressly
authorized in its charter or articles of incorporation.
SECTION 234
Restrictions on issuance of corporate stock and bonds.
No corporation shall issue stocks 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.
SECTION 235
Taking of property for public use by municipal and other
corporations.
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 condemnation from a right of entry,
provided the amount of damages assessed shall have been paid into 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 demand of either party, be
determined by a jury according to law.
SECTION 236
Security for dues from private corporations; liability of
stockholders.
Dues from private corporations shall be secured by such means as may
be prescribed by law; but in no case shall any stockholder be
individually liable otherwise than for the unpaid stock owned by him or
her.
SECTION 237
Issuance of preferred stock by corporations.
No corporation shall issue preferred stock without the consent of the
owners of two-thirds of the stock of said corporation.
SECTION 238
Authority of legislature to revoke charters of incorporation.
The legislature shall have the power to alter, amend, or revoke any
charter of incorporation now existing and revocable at the 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.
SECTION 239
Telegraph and telephone companies.
Any association or corporation organized for the purpose, or any
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.
SECTION 240
Corporations may sue and be sued like natural persons.
All corporations shall have the right to sue, and shall be subject to
be sued, in all courts in like cases as natural persons.
SECTION 241
"Corporation" defined.
The term "corporation," as used in this article shall be construed to
include all joint stock companies, and all associations having any of
the powers or privileges of corporations, not possessed by individuals
or partnerships.
SECTION 242
When railroads and canals deemed public highways; railroad and canal
companies; common carriers; rights of railroad companies generally.
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 corporation
organized for the purpose shall have the right to construct and operate
a railway between any points in this state, and connect at the state
line, with railroads of other states. Every railroad company 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.
SECTION 243
Regulation of railroad companies vested in legislature.
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 extortion 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.
SECTION 244
Giving free passes or discount tickets to members of legislature or
officers exercising judicial functions.
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 laws of this state; and
any such member or officer receiving such a 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 other 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 had 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 employee 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.
SECTION 245
Railroad companies not to give rebates or bonuses in nature thereof;
deceiving or misleading public as to rates.
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.
SECTION 246
Acceptance of article prerequisite to benefits of future
legislation.
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 the
condition of complete acceptance of all the provisions of this article.
SECTION 247
Authority of legislature restricted.
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.
SECTION 248
Banking laws to be general; specie basis; authority of banks to
issue bills to circulate as money.
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 its 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.
SECTION 249
Bills or notes issued as money redeemable in gold or silver; laws
not to sanction suspension of specie payments.
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.
SECTION 250
Preference of certain creditors in case of insolvency of bank.
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.
SECTION 251
Termination of business.
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.
SECTION 252
Maximum rate of interest.
No bank shall receive, directly or indirectly, a greater rate of
interest than shall be allowed by law to individuals for lending money.
SECTION 253
State and political subdivisions thereof not to be stockholders in
banks or lend credit thereto.
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 be given or lent to any banking company,
association, or corporation.
SECTION 254
Examination of banks by public officers; semiannual reports by
banks.
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.
SECTION 255
Applicability of article.
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.
SECTION 256
Duty of legislature to establish and maintain public school system;
apportionment of public school fund; separate schools for white and
colored children.
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 counties 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.
SECTION 257
Principal from sale, etc., of school property to be preserved;
disposition of income there from.
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 there from shall be faithfully applied to the specific object of
the original grants or appropriations.
SECTION 258
Property donated or appropriated for educational purposes and
estates of persons dying without will or heirs to be applied to
maintenance of public schools.
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.
SECTION 259
Use of poll taxes for support of public schools.
All poll taxes collected in this state shall be applied to the
support of the public schools in the respective counties where
collected.
SECTION 260
Certain income to be applied to support and maintenance of public
schools; special annual tax for schools; maximum annual levy on taxable
property; priority for payment of bonded indebtedness of state.
The income arising from the sixteenth section trust fund, the surplus
revenue fund, until it is called for by the United States government,
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 therefore 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 revenue of
the state.
SECTION 261
Percentage of school funds for teachers' salaries.
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.
SECTION 262
Supervision of public schools vested in superintendent of education.
The supervision of the public schools shall be vested in a
superintendent of education, whose powers, duties, and compensation
shall be fixed by law.
SECTION 263
School funds not to be used for support of sectarian or
denominational schools.
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.
SECTION 264
Board of trustees of state university.
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 shall 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.
SECTION 265
Annual payment of interest on funds of University of Alabama;
authority to abolish military system at university.
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.
SECTION 266
Board of trustees of Alabama Polytechnic Institute.
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 expire in nineteen hundred and five shall hold office
until nineteen hundred and fifteen; and successors to those whose terms
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.
SECTION 267
Change of location of Alabama Polytechnic Institute, Alabama Schools
for the Deaf and Blind or Alabama Girls Industrial School.
The legislature shall not have power to change the location of the
state university, or the Alabama Polytechnic Institute, or the Alabama
Schools 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.
SECTION 268
Provision for taking school census.
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.
SECTION 269
Special county school taxes.
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.
SECTION 270
Applicability of article to Mobile county.
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.
SECTION 271
Composition of militia; organizing, arming and disciplining militia;
naval militia may be organized.
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.
SECTION 272
Conformance with regulations governing armies of United States.
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 United States.
SECTION 273
Election or appointment of company and regimental officers.
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.
SECTION 274
Volunteer organizations.
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.
SECTION 275
Immunity of members from arrest while attending, going to or
returning from musters, parades and elections.
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.
SECTION 276
Appointment and terms of office of general officers; staffs of
governor, generals and regimental and battalion commanders.
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.
SECTION 277
Safe keeping of arms, ammunition, military records, etc.
The legislature shall provide for the safe keeping of the arms,
ammunition, and accoutrements, and military records, banners, and relics
of the state.
SECTION 278
Officers and men not entitled to compensation when not in active
service.
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.
SECTION 279
Required of members of legislature and executive and judicial
officers; form; administration.
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 my 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.
SECTION 280
Holding state and federal office at same time; holding two state
offices at same time.
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 commissioner of deeds.
SECTION 281
Compensation of civil officers not to be increased or diminished
during term for which elected or appointed.
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.
SECTION 282
Duty of legislature to enact laws to effectuate Constitution.
It is made the duty of the legislature to enact all laws necessary to
give effect to the provisions of this Constitution.
SECTION 283
Validation of certain acts relating to bonded debt of state;
governor authorized to act there under.
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 in so far 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 there under may be made payable at any time, not exceeding
fifty years from the date thereof, and shall not be redeemable until
their maturity.
SECTION 284
Manner of proposing amendments; submission of amendments to
electors; election on amendments; proclamation of result of election;
basis of representation in legislature not to be changed by amendment.
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 such 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 result 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
amendments.
SECTION 285
Election ballots; affirmative vote of majority of electors voting
required for passage.
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.
SECTION 286
Manner of calling convention for purpose of altering or amending
Constitution; repeal of act or resolution calling convention;
jurisdiction and power of convention not restricted.
No convention shall hereafter be held for the purpose of altering or
amending the Constitution of this state, unless after the legislature by
a vote of a 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.
SECTION 287
Votes by legislature on proposed amendments or bills or resolutions
calling conventions; acts or resolutions proposing amendments or calling
conventions not to be submitted to governor for approval.
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.
RATIFICATION
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
recognizance’s, 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
officers 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
Constitution.
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.
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John B. Knox, President |
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Attest: Frank N. Julian, Secy |
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David C. Almon, |
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W. A. Altman, |
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John T. Ashcraft, |
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W. H. Banks, |
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J. H. Barefield, |
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W. H. Bartlett, |
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J. Robert Beavers, |
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C. P. Beddow, |
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D. S. Bethune, |
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Samuel Blackwell, |
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Burwell Boykin Boone, |
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Leslie E. Brooks, |
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Cecil Browne, |
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Thomas L. Bulger, |
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JohnD. Burnett, |
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John F. Burns (1875- 1901), |
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John A. Byars, |
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H. W. Cardon, |
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A. H. Carmichael, |
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M. S. Carmichael, |
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G. H. Carnathan, |
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Davy Crockett Case, |
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Reuben Chapman, |
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James Edward Cobb, |
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W. T. L. Cofer, |
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Thomas W. Coleman, |
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E. W. Coleman, |
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Thomas J. Cornwell, |
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B. H. Craig, |
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R. M. Cunningham, |
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John A. Davis, |
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Charles W. Ferguson, |
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William C. Fitts, |
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A. S. Fletcher, |
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J. M. Foster, |
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N. H. Freeman, |
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J. A. Gilmore, |
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William Franklin Glover, |
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Ed. deGraffenried, |
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Joseph B. Graham, |
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L. W. Grant, |
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John W. Grayson, |
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Leonard F. Greer, Sr., |
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Charles H. Greer, |
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C. L. Haley, |
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William A. Handley , |
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G. P. Harrison (1875-1901), |
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J. Thomas Heflin, |
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John T. Heflin, |
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Jere C. Henderson , |
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Evans Hinson, |
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Patrick W. Hodges, |
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Wilson P. Howell , |
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Augustin Clayton Howze, |
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W. B. Inge, |
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E. C. Jackson, |
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Samuel C. Jenkins, |
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John C. Jones, |
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J. McLean Jones, |
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Thomas G. Jones , |
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Richard C. Jones, |
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James T. Kirk, |
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Hubert T. Davis, |
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S. H. Dent, |
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Ed. deGraffenried , |
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Joseph B. Duke, |
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B. T. Eley, |
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John C. Eyster, |
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T. M. Espy, |
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J. Lee Lonc., |
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T. L. Long, |
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Robert J. Lowe, |
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William T. Lowe, |
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Gordon Macdonald, |
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B. F. McMillan, |
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Lee McMillan, |
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George H. Malone, |
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J. T. Martin, |
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J. C. Maxwell, |
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Allen H. Merrill, |
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Charles H. Miller, |
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Joseph N. Miller, |
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Milo Moody, |
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W. O. Mulkey, |
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J. D. Murphree(1875-1901), |
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C. C. NeSmith, |
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J. D. Norman, |
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Joseph Norwood, |
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Wm. C. Oates (1875-1901), |
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Emmett O'Neal, |
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John W. O'Neil, |
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Henry Opp, |
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Rufus A. O'Rear, |
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Dabney Palmer, |
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George H. Parker, |
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John H. Parker, Sr., |
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James P. Pearce, |
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Erle Pettus, |
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E. A. Phillips, |
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Harry Pillans, |
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P. H. Pitts, |
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John H. Porter, |
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John Franklin Proctor, |
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Henry Fontaine Reese (Dallas), |
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N. P. Renfro, |
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R. J. Reynolds, |
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J. J. Robinson, |
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W. W. Kirkland, |
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William N. K night, |
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R. B. Kyle, |
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Emmett W. Ledbetter, |
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Norville R. Leigh, Jr., |
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Lawrence W. Locklin , |
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Tennent Lomax, |
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C. P. Rogers, Sr., |
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John Aduston Rogers, of Sumter County, Ala., |
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Wm. Hodges Samford, |
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W. T. Sanders, |
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John William Augustine Sanford, |
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George A. Searcy, |
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Henry C. Selheimer, |
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James O. Sentell , |
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J. B. Sloan, Jr., |
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Gregory L. Smith, |
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M ac. A. Smith, |
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Morgan M. Smith , |
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M. Sollie, |
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George A. Sorrell , |
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Napoleon B. Spears, |
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Robert E. Spragins, |
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J. H. Stewart, |
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W. H. Tayloe, |
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J. F. Thompson, |
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Watkins M. Vaughan, |
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Boswell deGraffenried, |
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Waddell, |
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Richard W. Walker, |
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Thomas H. Watts, |
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John B. Weakley, |
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James Weatherly, |
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Frank S. White, |
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W. W. Whiteside, |
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Jere N. Williams , |
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Gesner Williams (Marengo), |
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Arthur E. Williams, |
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Massey Wilson , |
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Edward P. Wilson, |
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James J. Winn, |
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E. R. Morrisette, |
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E. D. Willett. |
A PROCLAMATION BY THE GOVERNOR.
Whereas, It appears from the certificate of the Secretary of State
and Attorney-General that on the 11th day of November, 1901, at an
election held in the several counties in this State, for and against
Constitution, that the whole number of votes cast "For Constitution" is
one hundred and eight thousand, six hundred and thirteen (108,613), and
the whole number of votes cast "Against Constitution" is eighty-one
thousand, seven hundred and thirty-four (81,734).
Now, therefore, I, William D. Jelks, by virtue of the power and
authority in me vested as Governor of Alabama, do declare the majority
of votes cast "For Constitution" to be twenty-six thousand eight hundred
and seventy-nine (26,879).
I, Therefore, proclaim that the said new Constitution so ratified
shall go into effect as the Constitution of the State of Alabama on
Thursday, it being the twenty-eighth day of November, 1901, and shall
thereafter be binding and obligatory as such upon the people of this
State.
In Witness Whereof, I have hereunto set my hand and caused the Great
Seal of State to be affixed at the Capitol, in the City of Montgomery,
this the 21st day of November, A.D. 1901.WM. D. JELKS, Governor. By the
Governor: Robt. P. McDavid, Secretary of State.(Proclamation Record, p.
129.)
AMENDMENT 1 RATIFIED
Amendment of Section 93.
SECTION 93
State not to engage in internal improvements or lend money or
creditor same; interest in private enterprises prohibited; exception as
to public roads, highways and bridges.
The state shall not engage in work of internal improvement nor lend
money or its credit in aid of such; nor shall the state be interested in
any private or corporate enterprises or lend money or its credit to any
individual, association, or corporation, provided that the state may
under appropriate laws cause the net proceeds from the state convict
fund to be applied to the construction, repair and maintenance of public
roads in the state and the legislature may also make additional
appropriations for that purpose.
AMENDMENT 2 RATIFIED
Fees of Officers of Jefferson County.
The legislature of Alabama may hereafter, from time to time, by
general or local laws, fix, regulate and alter the costs, charges of
courts, fees, commissions, allowances or salaries to be charged or
received by any county officer of Jefferson county, including the method
and basis of their compensation.
AMENDMENT 3 RATIFIED
Special School Tax Amendment.
Article XIX, Section 1. The several counties in the state shall have
power to levy and collect a special county tax not exceeding thirty
cents on each one hundred dollars worth of taxable property in such
counties in addition to that now authorized or that may hereafter be
authorized for public school purposes, and in addition to that now
authorized under section 260 of article XIV of the Constitution;
provided, that the rate of such tax, the time it is to continue and the
purpose thereof shall have been first submitted to the vote of the
qualified electors of the county, and voted for by a majority of those
voting at such election.
Section 2. The several school districts of any county in the state
shall have power to levy and collect a special district tax not
exceeding thirty cents on each one hundred dollars worth of taxable
property in such district for public school purposes; provided, that a
school district under the meaning of this section shall include
incorporated cities or towns, or any school district of which an
incorporated city or town is a part, or such other school districts now
existing or hereafter formed as may be approved by the county board of
education; provided further, that the rate of such tax, the time it is
to continue and the purpose thereof shall have been first submitted to
the vote of the qualified electors of the district and voted for by a
majority of those voting at such election; provided further, that no
district tax shall be voted or collected except in such counties as are
levying and collecting not less than a three-mill special county school
tax.
Section 3. The funds arising from the special county school tax
levied and collected by any county shall be apportioned and expended as
the law may direct, and the funds arising from the special school tax
levied in any district which votes the same independently of the county
shall be expended for the exclusive benefit of the district, as the law
may direct.
AMENDMENT 4 RATIFIED
Montgomery County Salary Amendment.
Commencing at the beginning of their next term of office, subsequent
to the general election to be held on the first Tuesday after the first
Monday of November, 1916, the compensation and allowance of the
following named county officers of Montgomery county shall be as
follows: Salary of judge of probate of Montgomery county, $5,000.00 per
year net; allowance of $5,500.00 per annum for office expenses, as
follows: One clerk at $1,500.00 per annum; two clerks at $1,000.00 per
annum each; one clerk at $800.00 per annum, and $1,200.00 per annum for
all other expenses, including extra clerks. The said $1,200.00 to be
paid to the judge of probate in monthly installments and disbursed by
him. The tax collector of Montgomery county shall receive a salary of
$4,000.00 per year net; allowance of $1,500.00 per year for his clerk in
said office, and $1,000.00 for extra help. The tax assessor of
Montgomery county shall receive a salary of $4,000.00 per year net;
allowance of $1,500.00 per year for a chief clerk in said office;
$900.00 for an assistant clerk in said office and $600.00 per year for
extra help. The sheriff of Montgomery county shall receive a salary of
$4,000.00 per year net; allowance of $1,200.00 per year for a chief
clerk in said office; $1,380.00 per year for a chief deputy; $2,200.00
per year for two deputies in said office, and $1,000.00 for extra
assistance. These amounts to be paid out of the county treasury of
Montgomery county. This shall not interfere with the amounts now or
hereafter allowed the sheriff for guards at the county jail or bailiffs
for courts, nor with the provisions for feeding prisoners. The sheriff
shall receive amounts now provided by law, and shall cover the same into
the county treasury of Montgomery county, and the board of revenue of
Montgomery county shall pay out of the county treasury of Montgomery
county the expenses incurred by the sheriff in feeding said prisoners.
The above named amounts shall be in lieu of all compensations and
allowances to the respective named officers. These amounts shall be paid
out of the county treasury of Montgomery county as the salaries of other
county officers are paid. The above named officers shall collect the
fees heretofore collected by them and shall cover such fees into the
county treasury on the first Monday of each month. The board of revenue
of Montgomery county shall provide said officers with necessary
quarters, books, stationery and other conveniences. The legislature of
Alabama may hereafter from time to time by local or general laws, fix,
regulate and alter the amount of the above named salaries and
allowances, including the method and basis of their compensation, also
fix, regulate and alter amount of compensation received by all other
county officers of said county.
AMENDMENT 5 RATIFIED
Repeal of Section 250.
That the Constitution of Alabama be and the same is hereby amended by
repealing and striking out of the Constitution section 250 of article 13
of the Constitution which section is as follows: "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."
AMENDMENT 6 RATIFIED
Additional School Tax in City of Selma.
The city of Selma, in addition to the taxes it is now authorized and
empowered to levy and collect, shall levy and collect annually an
additional tax of two-tenths of one per centum upon the value of the
property therein as fixed for state taxation, to be applied exclusively
to the maintenance of public schools therein, and shall levy and collect
annually a further additional tax of one-tenth of one per centum upon
the value of the property therein as fixed for state taxation, to be
applied exclusively to public school buildings therein and improvements
and repairs thereon, or to the payment of indebtedness contracted for
the same by the city of Selma, or to the maintenance of public schools
therein or to any one or more of these purposes; provided that these
taxes shall be in lieu of all other city taxes now required to be levied
or appropriated by the city of Selma for the support of schools or for
school purposes.
AMENDMENT 7 REPEALED
Exempting Sailors and Soldiers From The Payment of Poll Tax.
AMENDMENT 8 RATIFIED
Municipal Tax Amendment.
The municipalities of Tuscumbia, Sheffield, Hurtsboro, Russellville,
Lanett, Demopolis, Pell City, Heflin, Columbiana, Carrollton, Opelika,
Fairhope, Pine Hill, Scottsboro, Stevenson, Ashland, Brewton, Pollard,
Flomaton, Atmore, Inglenook, Tuskegee, Aliceville, Gordo, Reform,
Livingston, Camden, Monroeville, Phoenix and Girard, Birmingham,
Bessemer, Florence, Huntsville, Selma, Fairfield, Anniston, Athens,
Jacksonville, Auburn, Carbon Hill, and Lafayette in the state of
Alabama, shall have the power and right to levy and collect a tax of
one-half of one per centum in any one year on property situated therein,
based on the valuation of such property as assessed for state taxation
for the tax year ending on the 30th day of September next, succeeding
the levy; provided, that for the purpose of paying bonds issued and
outstanding at the time of the adoption of this amendment and the
interest thereon, and for the purpose of paying bonds which may be
issued after the adoption of this amendment and the interest thereon, an
additional tax of one-half of one per centum may be levied and collected
by said corporations; provided further, that a majority of the qualified
electors of any of said municipal corporations voting at an election
called for that purpose may vote a special tax not to exceed one-half of
one per centum in any one year for any special purpose or purposes,
which tax shall be used only for the purpose or purposes for which same
is levied and collected; provided, however, that the total tax to be
levied by any of said municipal corporations shall not exceed one and
one-half (1 1/2) per centum in any one year. Provided, further, that the
adoption of this amendment, shall in no wise affect, limit, modify,
abridge, or impair the power, authority or right of either of said
municipal corporations to levy and collect the special school taxes, now
or hereafter vested in or conferred upon them, or any of them, under the
Constitution or any amendment thereto; including the power of said city
of Selma to levy and collect the taxes for schools and school purposes
vested in and conferred upon said city of Selma by the amendment to the
Constitution of Alabama adopted thereto, at the general election held in
November, 1916, and which was submitted under Law Number 315, General
Laws, 1915, page 337 [Amendment No. 6]. Each election held under the
provisions hereof shall be ordered, held, canvassed and may be contested
in the same manner as is or may be provided by the law applicable to the
municipal corporations for elections to authorize the issuance of
municipal bonds. The ballots used at such election shall contain the
words: "For ... excess rate of taxation for the year (or years) ..."and
"Against... excess rate of taxation for the year (or years) ..." The
rate of taxation proposed in excess of the rate of one (1) per centum to
be shown in the blank space provided therefore and the year or years in
which the proposed rate is to apply to be shown in the blank space
provided therefore; and in the event different excess rates are proposed
for different years the words mentioned shall be repeated as often as
may be necessary to show separately the different rates proposed to be
applied to the respective years. And the voter shall record his choice,
whether for or against the excess rate or rates, shown by placing a
cross mark before or after the words expressing his choice. Nothing
herein contained shall in any wise change or affect the rights of any
holder of bonds of said municipal corporations heretofore issued.
Elections to authorize the levy of such special tax may be held as often
as ordered by the governing body of the municipality but when a
proposition is submitted to the electors to levy a special tax for a
specific purpose, and such proposition is defeated no second election
for the same purpose shall be held in one year thereafter.
AMENDMENT 9 REPEALED
Art. XX. To Provide for Bonds for the Construction of Roads and
Highways.
AMENDMENT 10 RATIFIED
Poll Tax Exemption Amendment.
SECTION 194^½^
Exemption of World War I veterans from payment of poll tax prior to
October 1, 1923.
No person who honorably served in the military or naval service of
the United States between January 1, 1917, and November 11, 1918, shall
be required to pay the poll tax mentioned in the Constitution of Alabama
prior to October 1, 1923; such persons shall be exempt from the payment
of all poll taxes which have or may hereafter accrue prior to October 1,
1923. This section shall be self-executing and retroactive. The judges
of probate shall issue certificates of exemption from the payment of
such poll taxes to the persons entitled thereto under such rules and
regulations as may be prescribed by the governor.
AMENDMENT 11 RATIFIED
Road Bond Issue Amendment.
Section 1. The state is authorized to engage in the construction,
improvement, repair and maintenance of public roads, highways, and
bridges in the state of Alabama. To this end, and for this purpose, the
state is authorized to appropriate funds; and also to issue and sell
interest-bearing negotiable state bonds, in an amount not to exceed the
sum of twenty-five million dollars ($25,000,000.00) to be issued in such
denominations, numbers, and series, and maturing at such time, as may be
provided by law; but such bonds shall bear a rate of interest not
greater than six per centum per annum, payable semi-annually, and shall
be sold at a price not less than the par value thereof. Provided, that
no bonds shall be issued or sold under this provision to such an amount
that the interest thereon will exceed the net amount of vehicle license
tax collected for the year preceding the issuance of same, and which is
set apart for the payment of interest on said bonds. The state highway
commission or highway department shall locate, construct, and maintain
highways and state trunk roads so as to connect each county seat with
the county seat of the adjoining county by the most direct or most
feasible route, or by a permanent road, having due regard to the public
welfare, and to connect the county seats of the several border counties
at or near the state line with a public road in the border states.
Provided, that in counties which are divided into two or more judicial
divisions in each of which regular terms of circuit court are held; the
places where said terms of court are held shall likewise be connected
with each other. It shall be the duty of said highway commission or
highway department to equitably apportion among the several counties the
expenditure of both money and labor and the time or times of making such
investments. Not less than one-quarter of a million dollars of the
proceeds of these bonds shall be set aside and expended by the state
highway commission in each county in the state. To create a sinking fund
for the prompt and faithful payment of the principal and interest on
these bonds and for the construction, maintenance, and improvement of
such public highways, roads, and bridges, the legislature shall levy a
special annual license or privilege tax on all automobiles, and on all
motor driven vehicles which may be used on the public roads and highways
of this state. Such bonds when issued shall be a direct obligation of
the state, and for the prompt and faithful payment of the principal and
interest thereon the full faith and credit of the state is hereby
irrevocably pledged, and such bonds shall be exempt forever from all
taxes of every kind.
AMENDMENT 12 RATIFIED
Amendment of Section 93.
SECTION 93
State engaging in internal improvements or lending money or credit
for same; state interest in private or corporate enterprises;
construction, maintenance, etc., of public roads, highways and bridges
and harbors and seaports.
The state shall not engage in works of internal improvement, nor lend
money or its credit in aid of such, except as may be authorized by the
Constitution of Alabama or amendments thereto; nor shall the state be
interested in any private or corporate enterprise, or lend money or its
credit to any individual, association, or corporation, except as may be
expressly authorized by the Constitution of Alabama, or amendments
thereto; but when authorized by laws passed by the legislature the state
may appropriate funds to be applied to the construction, repair, and
maintenance of public roads, highways and bridges in the state; and when
authorized by appropriate laws passed by the legislature the state may
at a cost of not exceeding ten million dollars engage in the work of
internal improvement, or promoting, developing, constructing,
maintaining, and operating all harbors and seaports within the state or
its jurisdiction, provided, that such work or improvement shall always
be and remain under the management and control of the state, through its
state harbor commission, or other governing agency. The adoption of this
amendment shall not affect in any manner any other amendment to the
Constitution of Alabama which may be adopted pursuant to any act or
resolution of this session of the legislature.
AMENDMENT 12 RATIFIED
Amendment of Section 93.
SECTION 93
State engaging in internal improvements or lending money or credit
for same; state interest in private or corporate enterprises;
construction, maintenance, etc., of public roads, highways and bridges
and harbors and seaports.
The state shall not engage in works of internal improvement, nor lend
money or its credit in aid of such, except as may be authorized by the
Constitution of Alabama or amendments thereto; nor shall the state be
interested in any private or corporate enterprise, or lend money or its
credit to any individual, association, or corporation, except as may be
expressly authorized by the Constitution of Alabama, or amendments
thereto; but when authorized by laws passed by the legislature the state
may appropriate funds to be applied to the construction, repair, and
maintenance of public roads, highways and bridges in the state; and when
authorized by appropriate laws passed by the legislature the state may
at a cost of not exceeding ten million dollars engage in the work of
internal improvement, or promoting, developing, constructing,
maintaining, and operating all harbors and seaports within the state or
its jurisdiction, provided, that such work or improvement shall always
be and remain under the management and control of the state, through its
state harbor commission, or other governing agency. The adoption of this
amendment shall not affect in any manner any other amendment to the
Constitution of Alabama which may be adopted pursuant to any act or
resolution of this session of the legislature.
AMENDMENT 14 RATIFIED
Poll Tax Exemption Amendment.
Poll Tax Exemption Amendment
Section 194 1/2
Exemption of World War I veterans from payment of poll tax.
No person who honorably served in the military or naval service of
the United States between January 1, 1917, and November 11, 1918, shall
be required to pay the poll tax mentioned in the Constitution of
Alabama; such persons shall be exempt from the payment of all poll taxes
which have accrued or may hereafter accrue. This section shall be
self-executing and retroactive. The judge of probate shall issue
certificates of exemption from the payment of such poll taxes to the
persons entitled thereto under such rules and regulations as may be
prescribed by the governor.
AMENDMENT 15 RATIFIED
Drainage Systems, Public Roads and Seawalls.
The legislature may form or provide for the formation of districts
for establishing and maintaining a drainage system; for the building and
maintaining of public roads, and for building and maintaining a seawall
or other protection against waves, storm or flood therein; and provide
for the assessment of the whole or part of the cost of such improvements
against the land in such districts to the extent of the increased value
of such land by reason of the special benefits derived from such
improvements, and may provide for issuance of bonds by such district
with or without an election. Provided the provisions as to road and
seawall shall apply only to Mobile and Baldwin counties.
AMENDMENT 16 RATIFIED
Mobile County School Tax.
The county of Mobile, through its constituted governing authorities,
may levy and collect for public school purposes, a rate of taxation, on
the property situated therein, not exceeding in the total of any one
year, one-fifth ( 1/5) of one (1) per centum of the value of such
property as assessed as provided by the Constitution of Alabama and the
statutes now or hereafter enacted pursuant to the said Constitution of
Alabama, which said one-fifth ( 1/5) of one (1) per centum shall be in
addition to taxes levied and collected under and pursuant to the
authority of section 215 of the Constitution of Alabama of 1901, and
taxes levied and collected under and pursuant to article XIX of the
Constitution of Alabama of 1901, which article XIX was added to said
Constitution by amendment; and existing laws attempting or purporting to
authorize, empower and direct the said constituted authorities of the
county of Mobile to levy and assess such a special tax in addition to
the taxes levied and collected under and pursuant to section 215 of the
Constitution as aforesaid and taxes levied and collected under and
pursuant to article XIX of the Constitution as aforesaid are hereby
validated and confirmed.
AMENDMENT 17 RATIFIED
Tax Rates in Certain Municipalities.
The municipalities of Thorsby, Piedmont, and Greenville, and Roanoke,
and Greensboro and Calera, Florala and Opp, Evergreen and Fayette, and
Clayton and Clio in the state of Alabama, shall have the power and right
to levy and collect a tax of one-half of one per centum in any one year
on property situated therein, based on the valuation of such property as
assessed for state taxation for the tax year ending on the thirtieth day
of September next succeeding the levy; provided that for the purpose of
paying bonds or indebtedness issued and outstanding at the time of the
adoption of this amendment and the interest thereon, for the purpose of
paying bonds or indebtedness which may be issued or incurred after the
adoption of this amendment and the interest thereon, and an additional
tax of one-half of one per centum may be levied and collected by said
corporations; provided further, that a majority of the qualified
electors of any of said municipal corporations voting at an election
called for that purpose may vote a special tax not to exceed one-half of
one per centum in any one year for any special purpose or purposes,
which tax shall be used only for the purpose or purposes for which same
is levied and collected; provided, however, that the total tax to be
levied by any of said municipal corporations shall not exceed one and
one-half (1 1/2) per centum in any one year. Alabama City shall have the
power and right to levy and collect a tax of three-quarters of one per
centum in any one year on property situated therein, based on the
valuation of such property as assessed for state taxation. Provided,
further, that the adoption of this amendment shall in no wise affect,
limit, modify, abridge or impair the power, or authority or right of
either of said municipal corporations to levy and collect the special
school taxes, now or hereafter vested in or conferred upon them, or any
of them, under the Constitution or any amendment thereto; including the
power of the city of Selma to levy and collect the taxes for schools and
school purposes vested in and conferred upon said city of Selma by the
amendment to the Constitution of Alabama adopted thereto at the general
election held in November, 1916, and which was submitted under Law
Number 315, General Laws 1915, page 337 [Amendment No. 6], each election
held under the provisions hereof shall be ordered, held, canvassed and
may be contested in the same manner as is or may be provided by the law
applicable to the municipal corporations for elections to authorize the
issuance of municipal bonds. The ballots used at such election shall
contain the words: "For .... excess rate of taxation for the year (or
years) ....;" and "Against .... excess rate of taxation for the year (or
years) ....." The rate of taxation proposed in excess of the rate of one
(1) per centum to be shown in the blank space provided therefore and the
year or years in which the proposed rate is to apply to be shown in the
blank spaces provided therefore; and in the event different excess rates
are proposed for different years the words mentioned shall be repeated
as often as may be necessary to show separately the different rates
proposed to be applied to the respective years. And the voter shall
record his choice, whether for or against the excess rate or rates shown
by placing a cross mark before or after the words expressing his choice.
Nothing herein contained shall in any wise change or affect the rights
of any holder of bonds of municipal corporations heretofore issued.
Elections to authorize the levy of such special tax may be held as often
as ordered by the governing body of the municipality but when a
proposition is submitted to the electors to levy a special tax for a
specific purpose, and such proposition is defeated no second election
for the same shall be held in one year thereafter.
AMENDMENT 18 RATIFIED
Mobile County Road Bonds.
Mobile county may become indebted and may issue bonds for the
construction or improvement of concrete or better than concrete surfaced
public roads, and concrete or better than concrete public bridges in
said county, and for the construction of bridges and roadway necessary
to provide a public road for vehicular travel between the highlands of
Mobile and Baldwin counties, in an amount not to exceed six and one-half
per centum of the assessed value of the property situated in Mobile
county. To pay said indebtedness and interest thereon, Mobile county may
levy and collect an annual tax on said property not to exceed one-half
of one per centum of said value. The indebtedness, the bonds and the tax
authorized hereby shall be in addition to those authorized by the
Constitution of Alabama prior to the adoption of this amendment. But no
such additional indebtedness shall be created, and no such additional
bonds shall be issued, and no such additional tax shall be levied, until
each improvement or construction proposed to be built thereby, its
approximate location, estimated cost and time of completion, and the
amount of the proposed increase, shall have been determined upon and
made public by the board of revenue and road commissioners of Mobile
county, and the proposed increase of indebtedness or issue of bonds or
tax therefore shall have been first authorized by a majority vote by
ballot of the qualified voters of Mobile county voting upon such
proposition.
AMENDMENT 19 RATIFIED
Walker County Special Road Tax.
Section 1. The county of Walker, state of Alabama, shall have power
to levy and collect a special road tax not exceeding fifty cents on each
hundred dollars worth of taxable property in said county in addition to
that now authorized or that may hereafter be authorized for the
erection, construction or maintenance of the necessary public roads,
bridges or ferries and in addition to that now authorized under section
215 of article XI of the Constitution, which special county tax so
levied and collected shall be applied exclusively to the purpose for
which the same was so levied and collected, provided, that the rate of
such tax, the time it is to continue and the purpose thereof shall have
first been submitted to the vote of the qualified electors of the
county, and voted for by a majority of those voting at such election.
Section 2. Twenty-five per centum of all moneys derived from property
lying within the municipalities and arising from the tax proposed herein
shall be paid to such municipality and shall, by it, be expended for
upkeep of its streets.
Section 3. The court of county commissioners, boards of revenue, or
other governing body of said county may, or upon written petition of ten
per centum of the qualified voters of Walker county, shall call and
submit said election provided for and authorized by section 1 hereof to
the qualified electors of Walker county either at the time of the
general election or at a special election called for that purpose;
provided, that said election shall be called and held in accordance with
the law now or that may be enacted governing county bond elections, and
in conformity with the general election laws of the state.
AMENDMENT 20 RATIFIED
Tax Elections in Certain School Districts in Lawrence County.
Town Creek school district No. 59, Landersville school district No.
23, and Moulton school district No. 28, in Lawrence county, Alabama,
shall each have the right and power by vote of a majority of the
qualified electors of such district at an election held for that purpose
to levy and collect for the purpose of acquiring, constructing or
repairing of school buildings in such districts or paying for school
buildings already built, a tax of not over five mills in any one year,
in addition to all other taxes now authorized by law. The election in
such district to determine whether or not such tax shall be levied shall
be called, held and conducted as now provided by law for calling,
holding and conducting of elections to determine whether or not a
three-mill district school tax shall be levied and collected.
AMENDMENT 21 RATIFIED
Art. XXA. State Roads, Highways and Bridges—Bond Issue.
The state is authorized to engage in the construction, improvement,
repair and maintenance of public roads, highways and bridges in the
state of Alabama. To this end and for this purpose the state is
authorized to appropriate funds, and also to issue and sell
interest-bearing negotiable state bonds in addition to those already
authorized and sold under article XX, as an amendment to the
Constitution of 1901, in an amount not to exceed the sum of twenty-five
million dollars ($25,000,000.00); to be issued in such denominations,
numbers and series, and maturing at such times as may be provided by
law; all such bonds shall bear a rate of interest not greater than six
per cent per annum, payable semi-annually, and shall be sold at a price
not less than the par value thereof. The state highway commission or
highway department shall locate, construct and maintain highways and
state trunk roads so as to connect each county seat with the county seat
of the adjoining county by the most direct or feasible route or by a
permanent road, having due regard to the public welfare; and to connect
the county seats of the several border counties at or near the state
line with a public road in the border state. Provided that in counties
which are divided into two or more judicial divisions in each of which
regular terms of the circuit court are held, the places where said terms
of court are held, shall likewise be connected with each other. It shall
be the duty of the highway commission or highway department to equitably
apportion among the several counties of the state the expenditure of
both money and labor and the time or times of making such investment.
Not less than one-quarter of a million dollars of the proceeds of these
bonds shall be set aside and expended by the state highway commission in
each county in the state. To create a sinking fund for the prompt and
faithful payment of the principal and interest on these bonds and for
the construction, maintenance and improvement of such public highways,
roads and bridges, the legislature shall levy an excise tax, in addition
to the levy made February 10, 1923, of two cents per gallon upon
gasoline or any substitute therefore, or an adequate license or excise
tax on any other motive power used to propel auto vehicles. Such bonds
when issued shall be a direct obligation of the state and for the prompt
and faithful payment of the principal and the interest thereon the full
faith and credit of the state is hereby irrevocably pledged and such
bonds shall be exempt forever from taxes of every kind.
AMENDMENT 22 RATIFIED
Drainage Districts.
Section 1. The legislature may form or provide for the formation of
drainage districts for establishing and maintaining drainage systems;
and provide for the assessment of the whole or part of the cost of such
improvements against the lands and property in such district to the
extent of the increased value thereof by reason of special benefits
derived from such improvements and may provide for the issuance of bonds
for such districts with or without an election.
Section 2. This amendment shall be retroactive and retrospective and
shall operate to ratify, confirm and validate the act of the legislature
of Alabama, which act provided for the drainage of farm, wet, swamp and
overflow lands in the state of Alabama and authorized the organization
of drainage districts, conferred the right of eminent domain to the
extent necessary to carry out the purpose of said act and provided for
raising of revenues by bond issue or otherwise to pay the cost and
expense of installing and maintaining drainage systems so as to promote
the public health and general welfare and, which act was approved March
4, 1915; and this amendment shall operate to confirm and validate all
corporate organizations under authority of such law, all procedure had,
all acts done, all bonds issued, contracts entered into and assessments
made by such corporations under authority of such law.
AMENDMENT 23 RATIFIED
Repeal of Section 219; Inheritance and Estate Taxes.
Article XXI. Section 219 of the present Constitution is hereby
annulled and set aside and hereafter the legislature of Alabama may
provide for the assessment, levy and collection of a tax upon
inheritances and for the levying of estate taxes not to exceed in the
aggregate the amounts which may by any law of the United States be
allowed to be credited against or deducted from any similar tax upon
inheritances or taxes on estates assessed or levied by the United States
on the same subject. The legislature shall have the power to levy such
inheritance or estate taxes in the state of Alabama only so long as and
during the time an inheritance or estate tax is enforced by the United
States against Alabama inheritances or estate, and shall only be
exercised or enforced to the extent of absorbing the amount of any
deduction or credit which may be permitted by the laws of the United
States now existing or hereafter enacted to be claimed by reason thereof
as deduction or credit against such similar tax of the United States
applicable to Alabama inheritances or estates.
AMENDMENT 24 RATIFIED
Amendment of Section 284.
SECTION 284
Manner of proposing amendments; submission of amendments to
electors; election on amendments; proclamation of result of election;
basis of representation in legislature not to be changed by amendment.
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 of 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 such 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 four
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 the 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 in 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 result 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
amendments.
AMENDMENT 25 RATIFIED
Income Taxes.
Article XXII. The legislature shall have the power to levy and
collect taxes for state purposes on net incomes from whatever source
derived within this state, including the incomes derived from salaries,
fees and compensation paid from the state, county, municipality, and any
agency or creature thereof, for the calendar year, 1933, and thereafter
and to designate and define the incomes to be taxed and to fix the rates
of taxes, provided that the rate shall not exceed 5 percent nor 3
percent on corporations. Income shall not be deemed property for
purposes of ad valorem taxes. From net income an exemption of not less
than fifteen hundred dollars ($1,500.00) shall be allowed to unmarried
persons and an exemption of not less than three thousand dollars
($3,000.00) shall be allowed to the head of a family, provided that only
one exemption shall be allowed to husband and wife where they are living
together and make separate returns for income tax. An exemption of not
less than three hundred dollars ($300.00) shall be allowed for each
dependent member of the family of an income tax payer under the age of
18 years. The legislature shall reduce the ad valorem tax from time to
time when and to such an amount as the revenue derived from the income
tax will justify. In the event the legislature levies an income tax,
such tax must be levied upon the salaries, income, fees, or other
compensation of state, county and municipal officers and employees, on
the same basis as such income taxes are levied upon other persons. All
income derived from such tax shall be held in trust for the payment of
the floating debt of Alabama until all debts due on Oct. 1st, 1932, are
paid and thereafter used exclusively for the reduction of state ad
valorem taxes.
AMENDMENT 26 RATIFIED
Amendment of Section 213.
Amendment of Section 213.
Creation of state debt after ratification of Constitution; temporary
loans; refunding bonds for existing indebtedness; payment of interest on
certain outstanding and unpaid state warrants; sinking fund for payment
of floating indebtedness; warrants not to be drawn on state treasury
unless money available for payment; unpaid appropriations for which
money unavailable at end of fiscal year.
After the ratification of this Constitution, no new debt shall be
created against, or incurred by the 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;
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. Provided,
further, that this section shall not be construed as to prevent the
governor from paying interest at the rate of not exceeding 5% per annum
payable semi-annually from July 1, 1933, on the floating indebtedness of
the state at the close of business on September 30, 1932, as shown by
outstanding and unpaid warrants drawn on the treasury, as provided by
law, amounting in the aggregate to $16,943,357.12 and items enumerated
in an act of the legislature number 294, being senate bill 272, approved
November 9, 1932 [Acts 1932, Ex. Sess., p. 298], all of which are hereby
ratified and confirmed.) All warrants and/or instruments issued or to be
issued representing such indebtedness shall be a direct obligation of
the state, and for the prompt and faithful payment of the principal and
interest thereon, the full faith and credit of the state is hereby
irrevocably pledged, and such warrants and/or instruments shall be
exempt forever from all taxes of every kind. Any act creating or
incurring any new debt against the state, except as herein provided for,
shall be absolutely void. To create a sinking fund for the prompt and
faithful payment of the floating indebtedness of the state, and interest
thereon, the net proceeds of any income tax which may be levied by the
legislature pursuant to law is hereby pledged. To prevent further
deficits in the state treasury, it shall be unlawful from and after the
adoption of this amendment for the state comptroller of the state of
Alabama to draw any warrant or other order for the payment of money
belonging to, or administered by, the state of Alabama upon the state
treasurer, unless there is in the hand of such treasurer money
appropriated and available for the full payment of the same. In case
there is, at the end of any fiscal year, insufficient money in the state
treasury for the payment of all proper claims presented to the state
comptroller for the issuance of warrants, the comptroller shall issue
warrants for that proportion of each such claim which the money
available for the payment of all said claims bears to the whole, and
such warrants for such prorated sums shall thereupon be paid by the
state treasurer. At the end of each fiscal year all unpaid
appropriations which exceed the amount of money in the state treasury
subject to the payment of the same after the proration above provided
for, shall thereupon become null and void to the extent of such excess.
Any person violating any of the provisions of this amendment shall, on
conviction, be punished by a fine of not exceeding five thousand
dollars, or by imprisonment in the penitentiary for not more than two
years, one or both, at the discretion of the jury trying the same, and
the violation of any provisions of this amendment shall also be ground
for impeachment.
AMENDMENT 26A RATIFIED
Suspension of Restriction on Diminishing Public Salaries, etc.
Article XXIV. All provisions of the Constitution which prohibit or
restrict the legislature from decreasing or diminishing the salary, fees
or compensations of any executive, legislative or judicial officer or of
any public officer or of any officer holding any civil office of profit
under this state or any county or municipality thereof, whether elected
or appointed, during the term for which he shall have been elected or
appointed are hereby suspended until October 1, 1935. Provided that from
and after the first day of the month next succeeding the date of the
ratification and adoption of this amendment no salary, compensation,
fees or commissions paid to any officer under the state or any county or
municipality thereof, shall exceed the sum of six thousand dollars per
annum. Said limitation of $6,000.00 to be inoperative after October 1,
1935. Any act of the legislature heretofore adopted decreasing or
diminishing the salary, fees or compensation of any such officer or
officers, and which by its terms is to become effective after the
expiration of the present term of any such officer or officers, shall,
by virtue hereof, become effective from and after the first day of the
month next succeeding the date of the ratification and adoption of this
amendment; provided, however, that should the legislature adopt any
other act or acts decreasing or diminishing the salary, fees or
compensation of any such officer or officers during the term for which
such officer or officers may have been elected or appointed in a larger
amount, such subsequent act or acts shall control. Any other act of the
legislature adopted prior to October 1, 1935, decreasing or diminishing
the salary, fees or compensation of any such officer or officers, during
the term for which such officer or officers may have been elected or
appointed, shall be effective from and after the first day of the month
next succeeding the date of the ratification and adoption of this
amendment, or from and after the adoption by the legislature of any such
act decreasing or diminishing the salary, fees or compensation of such
officer or officers.
AMENDMENT 27 RATIFIED
Amendment of Section 229.
SECTION 229
Special laws conferring corporate powers prohibited; general law as
to grant or amendment of corporate charters; corporation franchise taxes
to be paid; exemption of benevolent, educational or religious
corporations and federal building and loan associations from franchise
taxes.
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 laws, provide for the payment to the state of Alabama of a
franchise tax by corporations organized under the laws of this state
which shall be in proportion to the amount of capital stock; but
strictly benevolent, educational or religious corporations or federal
building and loan associations organized pursuant to an act of congress
known as the Home Owners' Loan Act of 1933, as amended, and as the same
may hereafter be amended, or building and loan associations organized
under or authorized to do business by the laws of Alabama shall not be
required to pay such a tax on their withdraw able or repurchasable
shares. The charter of any corporation shall be subject to amendment,
alteration, or repeal under general laws. Exemption of the shares of
building and loan associations from franchise taxes heretofore provided
by statute is ratified.
AMENDMENT 28 RATIFIED
Costs, Fees, Salaries, etc., of Certain Officers in Mobile County.
The legislature of Alabama may hereafter from time to time by general
or local laws, but subject to the provisions of section 281 of the
Constitution of Alabama, fix, regulate and alter the costs, charges of
court, fees, commissions, allowances or salaries to be charged or
received by the following county officers of Mobile county, Alabama,
being, the judge of probate, the tax assessor, the tax collector, the
clerk of the circuit court, and the register of the circuit court,
including the method and basis of the compensation of such officers.
AMENDMENT 29 RATIFIED
Mobile County Bonds.
The legislature of Alabama may authorize Mobile county to issue bonds
from time to time, not exceeding in the aggregate $1,600,000.00, which
bonds, or the proceeds thereof, shall be used exclusively for paying
valid and enforceable unbonded obligations of Mobile county, and
unbonded obligations of Mobile county which would be valid and
enforceable but for the provision or provisions of the Constitution of
Alabama of 1901 fixing the debt limit of said county, and all past due
interest and principal on any valid and enforceable bonded obligations
of said county, existing on September 30th, 1936. In September of each
year after the adoption of this amendment to the Constitution, the
governing body of Mobile county shall adopt a budget based on 95 percent
of the gross receipts of the general fund of the preceding year for the
succeeding fiscal year beginning October 1st, and the expenses of such
county for any such fiscal year shall not exceed the revenues of the
county for that year. All debts contracted or liabilities incurred by
the said county in excess of such revenues shall be void. The governing
body of Mobile county may, during any such fiscal year, borrow
additional money to the extent of twenty-five (25%) percent of the
general revenues of such county for the preceding fiscal year, and
pledge to secure the payment thereof the general revenues of the county
for such current fiscal year only, such loans to be paid within that
fiscal year or from the pledged general revenues of the county
subsequently collected for that year, and any loan so made and not paid
out of the general revenues of the county pledged to secure the same
shall be void as to any amount remaining unpaid. The legislature shall
not, after the adoption of this amendment, pass any law making any claim
a preferred claim against said county, and all laws, or parts of laws,
now in force and effect, making a claim a preferred claim against said
county, are hereby annulled as to any future claim. The words "governing
body of Mobile county" as herein used shall include any board or officer
which is now or which may hereafter be vested with the powers and duties
now or formerly exercised by the board of revenue and road commissioners
of Mobile county, Alabama. Any person violating any of the provisions of
this amendment shall, upon conviction, be punished by a fine not
exceeding $5,000.00, or by imprisonment in the penitentiary for not more
than two years, one or both, at the discretion of the jury trying the
same, and the violation of any of the provisions of this amendment shall
also be ground for impeachment.
AMENDMENT 30 RATIFIED
Lawrence County Bonds.
Lawrence county may become indebted and may issue bonds therefore in
an amount not exceeding $130,000 in addition to that now authorized, for
the construction of and equipping of a courthouse in said county. To pay
said indebtedness, and interest thereon, Lawrence county may levy and
collect an annual tax on all property situated therein at a rate not in
excess of 3 mills. The indebtedness, the bonds and the tax authorized
hereby shall be in addition to those authorized prior to the adoption of
this amendment. But no such additional indebtedness shall be incurred,
no such bonds shall be issued and no such tax shall be levied until the
estimated cost of the construction and equipping of said courthouse
hereby proposed to be built, its time of completion, and the amount of
the increased indebtedness, the rate of interest to be paid thereon, and
the period over which the bonds to be issued will be refunded, shall
have been determined upon and made public by the county governing body
of said county; and the proposed increase in indebtedness and the
issuance of bonds and the increase in rate of taxation first shall have
been authorized by a majority of the qualified electors of said county
voting upon such proposal at an election to be called by said county
governing body for said purposes to be held not less than sixty (60) nor
more than (120) one hundred twenty days after the adoption of this
amendment.
AMENDMENT 31 RATIFIED
Taxation in Municipality of Attalla.
(a) The municipality of Attalla, Alabama, through its governing body,
may levy and collect from and after the date of this amendment the
present rate of one percent ad valorem tax per annum, and said amount to
be devoted to the payment of outstanding bonds, provide for schools, and
such other purposes as may be designated by the governing body of said
municipality, but before any additional tax now authorized by law can be
levied, it must be voted by a majority of qualified electors of the
municipality voting on such proposition at an election called by the
governing body of said municipality for such purposes; providing that
the total tax levied for all purposes by the said municipality of
Attalla shall not exceed one per centum in any one year on the property
situated therein, based on the valuation of such property as assessed
for state taxation. (b) The adoption of this amendment shall in no wise
effect, limit, modify, abridge or impair the power, authority or right
of such municipality to levy and collect the special school taxes now or
hereafter vested in or conferred upon it under the Constitution or any
amendment thereto. (c) Each election held under the provisions of this
amendment shall be ordered, held, canvassed and may be contested in the
same manner as is or may be provided by the law applicable to municipal
corporations, for elections to order the issuance of municipal bonds.
The ballots used at such election shall contain the following words:
"For authorization of a continuation of taxation at a rate not to exceed
one percent per annum for the purpose of the payment of outstanding
bonds, provide for schools, and such other purposes as may be designated
by the governing body of said municipality." "Against authorization of a
continuation of taxation at a rate not to exceed one percent per annum
for the purpose of the payment of outstanding bonds, provide for
schools, and such other purposes as may be designated by the governing
body of said municipality." The rate of taxation proposed shall be
printed upon the ballot in the space indicated therefore and for the
year or years in which the proposed rate is to apply, and the purpose or
purposes for which said tax is to be used shall likewise be placed in
the respective places therefore. The voter shall record his choice
either for or against authorization of the proposed rate for the
proposed purpose or purposes by placing a cross mark before or after the
words expressing his choice. Nothing herein contained shall in any wise
change or effect the rights of any holder of bonds of said municipal
corporations heretofore issued. Elections in said municipality to order
the levy of such tax may be held as often as ordered by the governing
body thereof, but when a proposition is submitted to the said
municipality hereunder and such proposition is defeated, no second
election shall be held in such municipality for one year thereafter.
This amendment shall be self-operative without any additional
legislation.
AMENDMENT 32 RATIFIED
Tax Elections in Certain School Districts in Lawrence County.
Enon school district, Hendon school district, Oakville school
district, Cave Springs school district, Center school district, Piney
Grove school district, Shiloh school district and Speake school district
in Lawrence county, Alabama, shall each have the right and power by vote
of a majority of the qualified electors of such district at an election
held for that purpose to levy and collect for the purpose of, acquiring,
constructing or repairing of school buildings in such districts or
paying for school buildings already built, a tax of not over three mills
in any one year, in addition to all other taxes now authorized by law.
The election in such district to determine whether or not such tax shall
be levied shall be called, held and, conducted as now provided by law
for calling, holding and conducting of election to determine whether or
not a three mill district school tax shall be levied and collected.
AMENDMENT 33 RATIFIED
Regulation of Salaries, etc., of Certain Public Officers in Calhoun
and Tuscaloosa Counties.
The legislature of Alabama may hereafter, from time to time, by
general or local laws, fix, regulate and alter the fees, commissions,
allowances and salaries, including the method or basis of their
compensation, to be charged or received by the tax assessors, tax
collectors, probate judges, circuit clerks, sheriffs, and registers of
the chancery courts, and including the right to place any one or all of
said officers on a salary and provide for the fees charged and collected
by said officers to be paid into the treasury from which their salaries
are paid, and provide the method and basis of their compensation, or
consolidate any of said offices in the following named counties: Calhoun
and Tuscaloosa. All acts of the regular session of the legislature 1935
heretofore passed and applicable, or purporting to be applicable, to any
or all of said counties, and fixing, or purporting to fix the
compensation of said named county officers, on a salary basis, are
hereby validated and confirmed.
AMENDMENT 34 RATIFIED
Tax for Malaria Control in Limestone County.
The governing body of Limestone county must levy and collect for use
in the control of malaria, in addition to all other taxes now authorized
by law, a tax not in excess of one mill on all property situated within
the county, based upon the valuation of such property in said county, as
assessed for state taxation, provided such tax is authorized by a
majority of the qualified electors of said county voting upon such
proposition at an election called and held for the purpose of
authorizing such tax. Such an election may be called at any time by the
governing body of said county and shall be held and conducted and the
results canvassed as now provided by law for holding and conducting and
canvassing the returns of an election. The proceeds of the tax hereby
authorized shall be used exclusively for the control of malaria and
shall be expended through the proper fiscal agencies of the county
government under the direction of the governing body of Limestone county
and the Limestone county department of public health.
AMENDMENT 35 RATIFIED
Amendment of Section 138.
Amendment of Section 138.
Section 138
Election and term of office of sheriffs; sheriff eligible to succeed
self; impeachment of sheriff; effect of impeachment of sheriff.
A sheriff shall be elected in each county by the qualified electors
thereof who shall hold office for a term of four years unless sooner
removed, and he shall be eligible to such office as his own successor.
Whenever any prisoner is taken from jail, or from the custody of any
sheriff or his deputy, and put to death, or suffers grevious [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 this 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.
AMENDMENT 36 RATIFIED
Bonds for Erection, etc., of Jail in Morgan County.
Morgan county may become indebted and may issue bonds therefore in an
amount not exceeding $115,000.00 in addition to that now authorized, for
the acquiring and paying for additional real property adjoining that
where the court house and jail now set and constructing and equipping a
jail building in said county. To pay said indebtedness and interest
thereon, Morgan county may levy and collect an annual tax on all
property situated therein at a rate not in excess of one mill. The
indebtedness, the bonds and the tax authorized hereby shall be in
addition to those authorized prior to the adoption of this amendment.
But no such additional indebtedness shall be incurred, no such bonds
shall be issued and no such tax shall be levied until the estimated cost
of acquiring and paying for additional real property adjoining that
where the court house and jail now set and the cost of the construction
and equipping of said jail building in said county hereby proposed to be
built, its time of completion, the amount of the increased indebtedness,
the rate of interest to be paid thereon and the period over which the
bonds to be issued will be refunded, shall have been determined upon and
made public by the county governing body of said county; and the
proposed increase in indebtedness and the issuance of bonds and the
increase in rate of taxation first shall have been authorized by a
majority of the qualified electors of said county voting upon such
proposal at an election to be called by said county governing body for
said purpose to be held not less than sixty nor more than ninety days
after the adoption of this amendment.
AMENDMENT 37 RATIFIED
Amendment of Section 8.
SECTION 8
Proceeding against person by information; grand jury not required in
misdemeanor cases; plea of guilty prior to indictment.
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 the 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. Provided further that in
all felony cases, except those punishable by capital punishment, the
legislature may by law dispense with a grand jury and authorize such
prosecutions and proceedings in such manner as may be provided by law if
the defendant, after having had the advice of counsel of his choice or
in the event he is unable to employ counsel, the advice of counsel which
must be appointed by the court, makes known in open court to a judge of
a court having jurisdiction of the offense that he desires to plead
guilty, provided, however, the defendant cannot plead guilty within
fifteen days after his arrest.
AMENDMENT 38 RATIFIED
Amendment of Section 124.
SECTION 124
Authority of governor to grant reprieves and commutations to persons
under sentence of death; legislature to regulate administration of
pardons, paroles, remission of fines and forfeitures, suspension of
sentences and probation; pardon not relief from civil and political
disabilities unless specifically provided.
The governor shall have power to grant reprieves and commutations to
persons under sentence of death. The legislature shall have power to
provide for and to regulate the administration of pardons, paroles,
remission of fines and forfeitures, and may authorize the courts having
criminal jurisdiction to suspend sentence and to order probation. No
pardon shall relieve from civil and political disabilities unless
specifically expressed in the pardon.
AMENDMENT 39 RATIFIED
Time and Place of Meetings of Legislature; Biennial Sessions;
Organizational Sessions; Election of President Pro Tempore of Senate and
Speaker of House of Representatives; Maximum Length of Sessions;
Compensation and Travel Allowances of Me
Time and Place of Meetings of Legislature; Biennial Sessions;
Organizational Sessions; Election of President Pro Tempore of Senate and
Speaker of House of Representatives; Maximum Length of Sessions;
Compensation and Travel Allowances of Members of Legislature.
All sessions of the legislature shall be held at the capitol in the
senate chamber and in the hall of the house of representatives; unless
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, in which case 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. The legislature shall convene on the second Tuesday in January
next succeeding their election and shall remain in session for not
longer than ten consecutive calendar days. No business can be transacted
at such sessions except the organization of the legislature, the
election of officers and the appointment of standing committees of the
senate and the house of representatives for the ensuing four years,
which election and appointment may, however, also be made at such other
times as may be necessary, the opening and publication of the returns
and the ascertainment and declaration of the results of the election for
governor, lieutenant-governor, attorney-general, state auditor,
secretary of state, state treasurer, superintendent of education and
commissioner of agriculture and industries, the election of such
officers in the event of a tie vote, the determination of contested
elections for such offices, the judging of the election returns and
qualification of the members of the legislature, and the inauguration of
the governor and the other elected state officers whose terms of office
are concurrent with that of the governor. At the beginning of each such
organization session, and at such other times as may be necessary, the
senate shall elect one of its member’s president pro tempore thereof, to
preside over its deliberations in the absence of the
lieutenant-governor, and the house of representatives shall elect one of
its members as speaker, to preside over its deliberations. The president
of the senate and the speaker of the house of representatives shall each
hold his respective office until his successor has been elected and
qualified. The legislature shall convene in regular sessions on the
first Tuesday in May of 1943 and on the first Tuesday in May in each
second year thereafter, until the date of meeting shall have been
changed by act of the legislature and approved by the governor. No such
regular session shall continue for longer than sixty consecutive
calendar days. No special session of the legislature convened in the
manner provided by this Constitution shall continue for longer than
thirty consecutive calendar days. The pay of members of the legislature
shall be ten dollars for each day during the period in which the
legislature is in session but not exceeding in any event the number of
calendar days for which the legislature is authorized to be in session.
Each member of the legislature shall be paid ten cents per mile in going
from his residence to, and in returning to his residence from, the seat
of government, to be computed by the nearest usual route traveled, and
not more than one such travel allowance shall be paid for each session
of the legislature. The provisions of this Constitution in conflict
herewith are hereby modified to conform to the provisions of this
amendment. The provisions of this amendment shall become effective at
the beginning of the term of the members of the legislature elected at
the general election in 1942.
AMENDMENT 40 RATIFIED
Amendment of Section 74.
SECTION 74
Restrictions on investment of trust funds by executors, trustees,
etc., in private corporations.
No act of the legislature shall authorize the investment of any trust
fund by executors, administrators, guardians, or other trustees in the
stock of any private corporation; any such acts now existing are
avoided, saving investments heretofore made; provided, however, that,
unless otherwise provided by the legislature, any of said mentioned
trust funds may be invested in corporation or institutions, investments
in which are guaranteed as to principal by the United States government
or insured as to principal by any instrumentality or agency thereof,
provided such investments shall not exceed the amount insured by any
such instrumentality or agency.
AMENDMENT 41 RATIFIED
Amendment of Section 190.
SECTION 190
Duty of legislature to pass laws regulating elections, primary
elections and purging of registration lists; provision for use of voting
machines.
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 except that the legislature may, by general
or local law, permit the use of voting machines or other mechanical
devices, for registering, recording and computing the votes at all
elections, including primary elections, in any county, municipality, or
other political subdivision of the state, under such regulations
provided by general law with reference thereto as the legislature may
from time to time prescribe; 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 died, 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.
AMENDMENT 42 RATIFIED
Bonds to Pay or Retire Alabama Bridge Commission Bonds.
The state of Alabama is hereby authorized to issue not exceeding
$900,000 aggregate principal amount of bonds for the purpose of paying
or retiring prior to maturity, the bonds of Alabama bridge commission
(an agency of the state of Alabama) which were outstanding on July 1,
1939. Said bonds shall be general obligations of the state of Alabama,
to the prompt payment of the principal of and interest on which the full
faith and credit and taxing power of the state are hereby irrevocably
pledged, and all of said bonds, together with any other bonds of the
state providing for a pledge of said gasoline excise tax which may be
authorized by constitutional amendment ratified on the same day as this
amendment is ratified shall be additionally secured, without priority of
one bond over another, by a pledge of the proceeds of the gasoline
excise tax, authorized to be pledged to the highway bonds provided for
in the amendment to the Constitution known as article XXA [Amendment No.
21], subject, however, to the prior pledge of said gasoline tax to said
highway bonds. The bonds hereby authorized shall bear interest at not
exceeding three per centum (3%) per annum, payable semi-annually, and
shall be sold at not less than the par value thereof. Said bonds and the
interest thereon shall be forever exempt from taxes of every kind. Said
bonds shall be issued at such time or times, in such denominations and
series and shall mature at such times, not later, however, than fifteen
(15) years from the date of issuance, and shall have such other terms
and conditions as may be provided by law.
AMENDMENT 43 RATIFIED
Regulation of Salaries, etc., of Certain Public Officers in Etowah
and Cherokee Counties.
The legislature of Alabama may hereafter, from time to time by
general or local laws, fix, regulate and alter the fees, commissions,
allowances and salaries, including the method or basis of their
compensation, to be charged or received by the tax assessors, tax
collectors, probate judges, circuit clerks, sheriffs, and registers of
the equity courts, and including the right to place any one or all of
said officers on a salary and provide for the fees charged and collected
by said officers to be paid into the treasury from which their salaries
are paid, and provide the method and basis of their compensation,
provided the salary, fees or compensation of any officer named herein
shall not be increased or diminished during the term for which he shall
have been elected or appointed, after his election or appointment, in
the following named counties: Etowah and Cherokee.
AMENDMENT 44 RATIFIED
Regulation of Salaries, etc., of Officers of Morgan County.
The legislature of Alabama may hereafter, from time to time by
general or local laws, fix, regulate and alter the costs and charges of
courts, fees, commissions, allowances and salaries to be charged or
received by any county officer of Morgan county, including, without
limiting the generality of the foregoing, the judge of probate, tax
collector, tax assessor, sheriff, circuit clerk, and register, including
the method and basis of compensation of such officer, and may provide
for the placing of any such officer on a salary and that the fees,
costs, and allowances collected by such officer be paid into the county
treasury. All acts of the regular or adjourned session of the
legislature of Alabama which convened in January, 1939, fixing or
purporting to fix the compensation of any such officer on a salary basis
are hereby validated and confirmed.
AMENDMENT 45 RATIFIED
Drainage Districts in Colbert County.
The court of county commissioners of Colbert county, Alabama, is
authorized to divide said county into drainage districts for the control
of malaria, and said county is authorized and empowered to levy and
collect in the several districts so formed, for use in the control of
malaria, in addition to all other taxes now authorized by law, a special
tax of three mills on all taxable property situated in the several
drainage districts so formed, based upon the valuation of such property
as assessed for state taxation, and to be used exclusively for the
control of malaria in the drainage district in which the said tax is
levied and collected, provided such tax is authorized by a majority of
the qualified electors residing in such drainage district voting upon
such proposition at an election called and held for the purpose of
authorizing such tax, and provided that said tax shall be levied and
collected for a period of ten years from the time that it is authorized
at the election held in such district. Such an election may be called at
any time by the court of county commissioners of said county and shall
be held and conducted and the results canvassed as now provided by law
for holding and conducting and canvassing the returns of a regular
election. The proceeds of the tax hereby authorized shall be used
exclusively for the control of malaria in the drainage district in which
it is levied and collected and shall be expended through the proper
fiscal agencies of the county government under the direction of the
governing body of Colbert county, and the Colbert county department of
public health.
AMENDMENT 46 RATIFIED
Salaries, etc., of Certain Public Officers of Dallas County.
The salaries of the following named county officers of Dallas county,
Alabama, but subject to the provisions of section 281 of the
Constitution of Alabama, are fixed as follows: Judge of probate,
$6,000.00 per annum net; tax assessor, $5,000.00 per annum net; tax
collector, $5,000.00 per annum net; sheriff, $4,800.00 per annum net;
circuit clerk, $2,400.00 per annum net; register in chancery, $1,200.00
per annum net; provided, that if the same person holds the offices of
circuit clerk and register in chancery, the salary for both offices
shall be $3,000.00 per annum net; members of the county governing body,
exclusive of the judge of probate, $600.00 each per annum net. The above
named officers are hereby required to collect all charges of court,
fees, commissions, allowances, percentages, salaries or other
compensation provided by law, other than the salaries herein fixed, and
to cover the same into the county treasury. This shall include the
allowances or amounts received by the sheriff for feeding prisoners from
both the state and federal government, and the county governing body of
Dallas county, Alabama, shall pay the expenses incurred in feeding such
prisoners out of the county treasury, but nothing herein shall be
construed as interfering with the allowances or amounts provided by law
for guards at the county jail or bailiffs for courts, or preventing the
county governing body of Dallas county, Alabama, from making such
allowances to the sheriff and his deputies for transportation on
official business, including the purchase of automobiles for such use,
as it may deem necessary from time to time. The salaries of the above
named county officers of Dallas county, Alabama, shall be paid out of
the county treasury in equal monthly installments. The employees of said
offices shall be selected by the respective officers, and allowances for
their compensation shall be as follows: 1. Office of judge of probate -
$6,500 per annum. 2. Office of tax assessor - $3,600.00 per annum. 3.
Office of tax collector - $2,600.00 per annum. 4. Office of sheriff -
$4,500.00 per annum. 5. Office of circuit clerk - $1,350.00 per annum.
6. Office of register in chancery - None. The county governing body
shall have the same authority in regard to the employment of persons for
the county, and the fixing of their compensation, other than the
employees in the above named offices, as provided by law. The salaries
of the employees in the above enumerated offices shall be paid out of
the county treasury in equal monthly installments; provided, however,
that no payment of compensation for any such employee shall be made
until the employee has actually rendered the service for which the
payment is to be made. The legislature of Alabama is hereby authorized
and empowered, from time to time, by general or local laws, to fix,
regulate and alter the employment and compensation of the employees in
said offices, including the number and the method and basis of their
compensation. The legislature of Alabama is hereby authorized and
empowered, from time to time, by general or local laws, but subject to
the provisions of section 281 of the Constitution of Alabama, to fix,
regulate and alter the charges of court, fees, commissions, allowances,
percentages, salaries or other compensation received by any officer of
Dallas county, Alabama, other than the judge of probate, tax assessor,
tax collector, sheriff, circuit clerk and register in chancery,
including the method and basis of their compensation.
AMENDMENT 47 RATIFIED
Fees, Commissions, Salaries, etc., of Sheriff of Mobile County.
The legislature of Alabama may hereafter, from time to time, by
general or local laws fix, alter and regulate the fees, commissions,
allowances and salaries to be charged or received by the sheriff of
Mobile county, and including the right to place said officer on a salary
basis and provide that the fees, fines and forfeitures received or
collected by said officer be paid into the treasury of Mobile county,
Alabama, and to fix and provide the amount and method of compensation of
such officer. All acts of the regular session of the legislature of 1939
and 1939-1940 heretofore passed and applicable, or purporting to be
applicable to said Mobile county, and fixing, or purporting to fix the
basis of compensation and compensation of said officer, or placing said
officer on a salary basis, are hereby ratified and confirmed.
AMENDMENT 48 RATIFIED
Fees, Salaries, etc., of Certain Public Officers in Houston County.
The legislature of Alabama may hereafter, from time to time, by
general or local laws, fix, regulate and alter the fees, commissions,
allowances and salaries, including the method or basis of their
compensation, to be charged or received by the tax assessors, tax
collectors, probate judges, circuit clerks, sheriffs, and registers of
the chancery courts, and including the right to place any one or all of
said officers on a salary and provide for the fees charged and collected
by said officers to be paid into the treasury from which their salaries
are paid, and provide the method and basis of their compensation, or
consolidate any of said offices in the following named county: Houston.
All acts of the regular session of the legislature 1943 heretofore
passed and applicable, or purporting to fix the compensation of said
named county officers, on a salary basis, are hereby validated and
confirmed.
AMENDMENT 49 RATIFIED
Poll Tax Exemption Amendment.
SECTION 194 1/2
Exemption of veterans of foreign wars from payment of poll tax.
No person who honorably served in the military service of the United
States between January 1, 1917 and November 11, 1918, or between
September 16, 1940 and December 8, 1941, or at any time, past or present
or future, when the United States was, is or shall be at war with any
foreign state, shall be required after the beginning of such service to
pay the poll tax specified in the Constitution of Alabama as a
prerequisite to the privilege of voting in Alabama; but, on the
contrary, every such person shall be exempt from the payment of all poll
taxes which have theretofore accrued and have not been paid or which may
thereafter accrue; provided, however, that if any such person is
discharged dishonorably from said service the exemption herein provided
is forfeited, and such dishonorably discharged person, as a prerequisite
to the privilege of voting in Alabama thereafter, must pay the poll tax
specified in the Constitution of Alabama as if such person had never
been in such service. The term "military service" as used in this
section includes service in the army of the United States, the United
States navy, the marine corps, the coast guard, the women's army
auxiliary corps, the women's appointed volunteer emergency service, and
the women's reserve of the United States navy. The United States shall
not be deemed at war with a foreign state within the meaning of this
section at a time when an armistice exists between the United States and
the foreign state. The judge of probate shall issue a certificate of
exemption to a person exempt from the payment of poll tax by reason of
this section under such rules and regulations as may be prescribed by
the governor. This section shall be self-executing and retroactive; but
the legislature is authorized to enact laws designed to carry out the
purposes of this section.
AMENDMENT 49 RATIFIED
Poll Tax Exemption Amendment.
SECTION 194 1/2
Exemption of veterans of foreign wars from payment of poll tax.
No person who honorably served in the military service of the United
States between January 1, 1917 and November 11, 1918, or between
September 16, 1940 and December 8, 1941, or at any time, past or present
or future, when the United States was, is or shall be at war with any
foreign state, shall be required after the beginning of such service to
pay the poll tax specified in the Constitution of Alabama as a
prerequisite to the privilege of voting in Alabama; but, on the
contrary, every such person shall be exempt from the payment of all poll
taxes which have theretofore accrued and have not been paid or which may
thereafter accrue; provided, however, that if any such person is
discharged dishonorably from said service the exemption herein provided
is forfeited, and such dishonorably discharged person, as a prerequisite
to the privilege of voting in Alabama thereafter, must pay the poll tax
specified in the Constitution of Alabama as if such person had never
been in such service. The term "military service" as used in this
section includes service in the army of the United States, the United
States navy, the marine corps, the coast guard, the women's army
auxiliary corps, the women's appointed volunteer emergency service, and
the women's reserve of the United States navy. The United States shall
not be deemed at war with a foreign state within the meaning of this
section at a time when an armistice exists between the United States and
the foreign state. The judge of probate shall issue a certificate of
exemption to a person exempt from the payment of poll tax by reason of
this section under such rules and regulations as may be prescribed by
the governor. This section shall be self-executing and retroactive; but
the legislature is authorized to enact laws designed to carry out the
purposes of this section.
AMENDMENT 51 RATIFIED
Amendment of Section 251.
SECTION 251
Duration of corporations not limited; renewal of existing charters
not required.
There shall be no limit of time for the duration of a corporation
hereafter organized as a bank or banking company, and it shall not be
necessary hereafter to renew or extend the life or charter of any such
corporation now existing. And all extensions of the life or charter of
any such corporations are hereby ratified and confirmed.
AMENDMENT 52 RATIFIED
Special Tax for Educational Purposes in Cities of Decatur and
Cullman and for Hospital Purposes in Morgan County.
A. Notwithstanding the proviso to the contrary in section 269 of this
Constitution, the special tax for educational purposes provided for by
that section may be levied and collected upon taxable property situated
in the city of Decatur (formerly the cities of Decatur and New Decatur).
Upon the adoption of this amendment the governing body of Morgan county
shall order an election at which the qualified electors of the city of
Decatur shall determine whether or not such special tax shall be levied
and collected on taxable property in said city. Said election shall be
held and determined as now provided by law for determining whether or
not the special one mill county school tax shall be levied, and if a
majority of the electors participating in said election vote in favor of
said levy, said special tax shall be levied upon the taxable property in
the city of Decatur during the tax years commencing with the tax year
beginning next after said election and ending with the tax year
beginning on October 1, 1967, and thereafter said special tax may be
levied and collected as is now or hereafter may be provided by law.
B. Morgan county may levy and collect a tax upon all taxable property
situated therein at a rate not in excess of ten cents on each one
hundred dollars of taxable property, which tax shall be used exclusively
for the construction, equipping, enlargement, acquisition, repair, or
operation of public hospital properties situated in said county owned or
proposed to be acquired in said county by the city of Decatur and Morgan
county. Said tax shall be in addition to all other taxes now authorized
by law, but shall not be levied until it shall have been authorized by a
majority of the qualified electors of such county voting at an election
called by the governing body of said county at which there shall be
submitted to a vote the rate of such tax, the time it is to continue,
and the purpose or purposes thereof. Such elections may be called and
had from time to time, and shall be had, governed and determined under
such rules and regulations as the governing body of said county may
prescribe. Said tax may be pledged by the governing body of said county
to secure payment of any debt incurred by said county or by any public
corporation for hospital purposes in said county.
C. Notwithstanding the proviso to the contrary in section 269 of this
Constitution, the special tax for educational purposes provided for by
that section may be levied upon taxable property situated in the city of
Cullman.
AMENDMENT 53 RATIFIED
Public Hospitals and Health Facilities.
The state, notwithstanding section 93 of the Constitution as amended
and section 94 of the Constitution, may acquire, build, establish, own,
operate and maintain hospitals, health centers, sanatoria and other
health facilities. The legislature for such purposes may appropriate
public funds and may authorize counties, municipalities and other
political subdivisions to appropriate their funds, and may designate or
create an agency or agencies to accept and administer funds appropriated
or donated for such purposes by the United States government to the
state upon such terms and conditions as may be imposed by the United
States government.
AMENDMENT 54 RATIFIED
Taxation in Municipality of Haleyville.
The municipal corporation of Haleyville, through its constituted
governing authority may levy and collect a rate of taxation on the
property situated therein, not exceeding in the total in any one year
one per centum of the value of such property as assessed as provided by
the Constitution and the statutes now or hereafter enacted pursuant to
the Constitution; provided that the adoption of this amendment, shall in
no wise affect, limit, modify, abridge or impair the power, authority,
or right of said municipal corporation to levy and collect the special
school taxes, now or hereafter vested in or conferred upon it under the
Constitution or any amendment thereto, which said special school taxes
shall be in excess of said one per centum herein provided for.
AMENDMENT 55 RATIFIED
Amendment of Section 181.
Amendment of Section 181.
Persons qualified to register as electors - After January 1, 1903.
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
article, shall be qualified to register as electors provided they shall
not be disqualified under section 182 of this Constitution: those who
can read and write, understand and explain 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, understand
and explain 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, including those who are unable to read and write if such
inability is due solely to physical disability; provided, however, no
persons shall be entitled to register as electors except those who are
of good character and who understand the duties and obligations of good
citizenship under a republican form of government.
AMENDMENT 56 RATIFIED
Additional Municipal Taxes.
Each municipal corporation in this state whose annual ad valorem tax
rate is otherwise limited by the Constitution or any amendment thereto
less than one and one-fourth per centum (1 1/4 %) of the value of the
property situated therein as assessed for state taxation during the
preceding year shall have, in addition to the power to levy and collect
such ad valorem tax each year at the rate authorized immediately prior
to the adoption of this amendment, the further power to levy and collect
each year an additional tax or taxes to such extent that the total ad
valorem tax rate of such municipal corporation shall not exceed one and
one-fourth per centum (1 1/4 %) in any one year on the property situated
therein based on the valuation of such property as assessed for state
taxation during the preceding year; provided, that before any such
additional tax may be so levied and collected a majority of the
qualified electors of any such municipal corporation voting at an
election called for that purpose shall vote in favor of the levy
thereof; provided further, that the total ad valorem tax or taxes to be
levied and collected by any such municipal corporation shall not exceed
one and one-fourth per centum (1 1/4 %) in any one year; and provided
further, that the adoption of this amendment shall in no wise affect,
limit, modify, abridge or impair the power, authority or right of any
such municipal corporation to levy and collect the special school taxes
now or hereafter vested or conferred upon them, or any of them, under
the Constitution or any amendment thereto, which said special school
taxes shall be in excess of said one and one-fourth per centum (1 1/4 %)
herein provided for. Each election held under the provisions hereof
shall be ordered, held, canvassed and may be contested in the same
manner as is or may be provided by the law applicable to municipal
corporations for elections to authorize the issuance of municipal bonds.
The ballots used at such elections shall specify the purpose for which
the proposed additional rate of taxation shall be authorized and shall
contain the words "For ... % additional rate of taxation"; and "Against
... % additional rate of taxation"; the additional rate of taxation
proposed to be shown in the blank space provided therefore. The voter
shall record his choice, whether for or against the additional rate
shown, by placing a cross mark before or after the words expressing his
choice. The proceeds of any such additional tax so authorized at any
such election shall be used only for the purpose for which the same
shall be authorized at such election. Elections to authorize the levy of
such additional tax may be held as often as ordered by the governing
body of the municipality, but when a proposition is submitted to the
electors to levy such additional tax for a specific purpose and such
proposition is defeated then no second election for the same purpose
shall be held in one year thereafter.
AMENDMENT 57 RATIFIED
Time and Place of Meetings of Legislature; Biennial Sessions;
Organizational Sessions; Election of President Pro Tempore of Senate and
Speaker of House of Representatives; Maximum Length of Sessions;
Compensation and Travel Allowances of Me
Time and Place of Meetings of Legislature; Biennial Sessions;
Organizational Sessions; Election of President Pro Tempore of Senate and
Speaker of House of Representatives; Maximum Length of Sessions;
Compensation and Travel Allowances of Members of Legislature.
All sessions of the legislature shall be held at the capitol in the
senate chamber and in the hall of the house of representatives, unless
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, in which case 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. The legislature shall convene on the second Tuesday in January
next succeeding their election and shall remain in session for not
longer than ten consecutive calendar days. No business can be transacted
at such sessions except the organization of the legislature, the
election of officers, the appointment of standing committees of the
senate and the house of representatives for the ensuing four years,
which election and appointment may, however, also be made at such other
times as may be necessary, the opening and publication of the returns
and the ascertainment and declaration of the results of the election for
governor, lieutenant-governor, attorney-general, state auditor,
secretary of state, state treasurer, superintendent of education, and
commissioner of agriculture and industries, the election of such
officers in the event of a tie vote, the determination of contested
elections for such offices, the judging of the election returns and
qualification of the members of the legislature, and the inauguration of
the governor and the other elected state officers whose terms of office
are concurrent with that of the governor. At the beginning of each such
organization session, and at such other times as may be necessary, the
senate shall elect one of its member’s president pro tempore thereof, to
preside over its deliberations in the absence of the
lieutenant-governor, and the house of representatives shall elect one of
its members as speaker, to preside over its deliberations. The president
of the senate and the speaker of the house of representatives shall each
hold his respective office until his successor has been elected and
qualified. The legislature shall convene in regular sessions on the
first Tuesday in May of 1947 and on the first Tuesday in May in each
second year thereafter, until the date of meeting shall have been
changed by act of the legislature and approved by the governor. The
legislature shall not remain in session longer than thirty-six days at
any such regular session. Special sessions of the legislature convened
in the manner provided by this Constitution also shall be limited to
thirty-six days. The pay of members of the legislature shall be ten
dollars per day. Each member of the legislature shall be paid ten cents
per mile in going from his residence to, and in returning to his
residence from, the seat of government, to be computed by the nearest
usual route traveled; and not more than one such travel allowance shall
be paid for each session of the legislature. In addition to his travel
allowance, each member of the legislature also shall be allowed
expenses, other than actual expenses of traveling, not exceeding an
amount to be fixed by the legislature, incurred in the performance of
his duties; but such expense allowance shall not be less than the
smallest allowance to any other person traveling within the state in the
service of the state of Alabama, or any of its agencies, for expenses
other than actual expenses of traveling. The provisions of this
Constitution in conflict herewith are hereby modified to conform to the
provisions of this amendment. The provisions of this amendment shall
become effective at the beginning of the term of the members of the
legislature elected at the general election in 1946.
AMENDMENT 58 RATIFIED
Amendment of Section 93.
SECTION 93
State engaging in internal improvements or lending money or credit
for same; state interest in private or corporate enterprises;
construction, maintenance, etc., of public roads, highways and bridges,
harbors and seaports and public airports and air navigation facilities.
The state shall not engage in works of internal improvement, nor lend
money or its credit in aid as such, except as may be authorized by the
Constitution of Alabama or amendments thereto; nor shall the state be
interested in any private or corporate enterprise, or lend money or its
credit to any individual, association, or corporation, except as may be
expressly authorized by the Constitution of Alabama, or amendments
thereto. When authorized by laws passed by the legislature the state may
appropriate funds to be applied to the construction, repair, and
maintenance of public roads, highways and bridges in the state. When
authorized by appropriate laws passed by the legislature the state may
at a cost not exceeding ten million dollars engage in the work of
internal improvement, or promoting, developing, constructing,
maintaining, and operating all harbors and seaports within the state or
its jurisdiction, provided, that such work or improvement shall always
be and remain under the management and control of the state, through its
state harbor commission, or other governing agency. When authorized by
laws passed by the legislature the state may engage in the construction,
improvement, repairs and maintenance and operation of public airports,
air landing fields and other air navigation facilities in the state of
Alabama and may appropriate money or otherwise provide funds for this
purpose. The adoption of this amendment shall not affect in any manner
any other amendment to the Constitution of Alabama which may be adopted
pursuant to any act or resolution of this session of legislature.
AMENDMENT 59 RATIFIED
Additional County Taxes for County Hospitals.
The governing body of any county in the state of Alabama except
Mobile and Montgomery county must levy and collect or cause to be
collected for use in the acquisition by purchase, lease or otherwise, or
for the construction, operation, equipment and maintenance of a county
hospital, in addition to all other taxes now authorized by law, a tax,
not in excess of ten mills on each one hundred dollars, on all property
situated within the county, based upon the valuation of such property in
the county as assessed for state taxation, provided such tax is
authorized by a majority of the qualified electors of the county voting
upon such proposition at an election called and held for the purpose of
authorizing such tax. Such an election may be called at any time by the
governing body of any county in the state, and said governing body must
call such election upon a petition being filed with the chairman or any
member of said governing body requesting that such an election be called
or held when said petition is signed by not less than one hundred
qualified electors of the county in which said election is to be held.
Said election shall be held and conducted and the results canvassed as
now provided by law for holding and conducting and canvassing the
returns of an election. The proceeds of the tax hereby authorized must
be used exclusively for the purpose of acquiring by purchase, lease, or
otherwise, or the construction, equipment, maintenance and operation of
said county hospital and shall be expended for said purposes by and
under the direction, supervision and control of the county governing
body.
AMENDMENT 60 RATIFIED
Debt Limit of Mobile County.
Notwithstanding any other provision of this Constitution, Mobile
county shall continue to have and possess all of the rights, powers and
authority granted to it by amendment XVIII [18] of this Constitution and
Act Number 246 of the Local Acts of 1927 [p. 151], as the same has been
heretofore amended, and shall have and possess the power and authority
to become indebted for the construction or erection of public buildings,
bridges and roads within the limit prescribed by section 224 of this
Constitution; provided, however, that all debts incurred or bonds issued
by Mobile county under the provisions of amendment XXIX [29] shall be in
addition to the limit fixed by said section 224, and shall not be taken
into account or considered in determining or arriving at the debt limit
of Mobile county under said section 224, and provided further that the
six and one-half percent (6 1/2 %) limitation in amendment XVIII [18]
aforesaid shall be construed to refer not to the total amount of bonds
issued under authority of the amendment, but to the total amount of
bonds so issued which may be outstanding at any one time.
AMENDMENT 61 RATIFIED
Disposition of Income Tax; Exemption of Homesteads From State Ad
Valorem Tax.
Section A. The entire proceeds of the income tax in the treasury of
the state of Alabama on September 30, 1947, including cash and
investments and the interest thereon, shall be used for the following
purposes and in the following manner: 1st. The sum of $12,249,860.00
shall be and is hereby set aside and shall be and is hereby constituted
an irrevocable trust fund for the purpose of paying the principal of and
interest on the bonds issued by the state of Alabama commonly known as
"income tax bonds," being the warrant refunding bonds issued to fund the
floating debt existing October 1, 1932, which bonds were issued under
the authority of Act No. 14 approved February 5, 1935 [Acts 1935, p.
27], and Act No. 50 approved February 8, 1935 [Acts 1935, p. 118]. 2nd.
An amount (approximately $6,700,000.00) which, when added to the sinking
fund (approximately $1,857,000.00) heretofore created to pay the bonds
issued by the state of Alabama, commonly known as the "old bonded debt"
and as "carpet bag bonds" together with the interest on said sinking
fund accrued on September 30, 1947, shall equal the principal of said
bonds in the sum of $8,557,000.00, shall be and is hereby set aside, and
together with said sinking fund and the interest thereon, shall be and
is hereby constituted an irrevocable trust fund for the purpose of
paying the principal of said bonds upon their maturity, said bonds being
the class A renewal bonds, class C renewal bonds and funding renewal
bonds. That both of the irrevocable trust funds herein created shall be
invested in United States government securities by the treasurer of the
state of Alabama with the approval of the governor. 3rd. The residue
shall be paid over to the building commission created by Act 128 of 1945
General Acts [p. 116] to be expended by said building commission for
capital outlay only for educational purposes, provided, however, that
not more than twelve per centum of such amount shall be allocated to the
institutions of higher learning including the state teachers colleges,
and not less than eighty-eight per centum shall be allocated to county
and city boards of education on an actual teacher unit basis in
accordance with the minimum school program.
Section B. Beginning October 1, 1947, and thereafter, all net
proceeds of such tax, plus the earnings from investment of the trust
funds, must be used only in the manner and in the order following: (1)
To replace the revenue lost to the several funds of the state by reason
of the exemption of homesteads from the state ad valorem tax. All
homesteads in Alabama are hereby declared to be exempt from all state ad
valorem tax to the extent of at least $2,000.00 in assessed value and a
sufficient amount is hereby appropriated from the proceeds of the income
tax in each fiscal year to replace the revenue lost to the several funds
of the state by reason of the homestead exemption herein declared; (2)
The residue shall be placed in the state treasury to the credit of the
Alabama special education trust fund to be used for the payment of
public school teachers salaries only.
Section C. This amendment supersedes the provisions of amendment XXV
[25] (article XXII) relating to the disposition of the income tax
proceeds insofar as the same are in conflict herewith. All laws relating
to the income tax, not in conflict herewith and valid on the date of the
ratification of this amendment, are hereby validated and confirmed. The
provisions hereof with respect to the creation of funds and the use
thereof are declared to be self-executing.
AMENDMENT 62 RATIFIED
Fees, Salaries, etc., of Certain Public Officers in Etowah County.
The legislature of Alabama may hereafter, from time to time by
general or local laws, fix, regulate and alter the fees, commissions,
allowances and salaries, including the method or basis of their
compensation, to be charged or received by tax assessors, tax
collectors, probate judges, circuit clerks, sheriffs, and registers of
the chancery courts, including the right to place any one or all said
officers on a salary and provide for the fees, allowances or
compensation collected by said officers to be paid into the treasury
from which their salaries are paid, in the following named county:
Etowah. All acts of the legislature, heretofore passed or which may be
passed by the legislature in special or regular session at any time
prior to the adoption of this amendment, and applicable or purporting to
be applicable to said county, and fixing or purporting to fix the
compensation to said named county officers on a salary basis, are hereby
validated and confirmed.
AMENDMENT 63 RATIFIED
Special Tax for Hospital and Public Health Purposes in Montgomery
County.
If the tax is authorized by vote of a majority of the qualified
electors of the county in an election called for that purpose,
Montgomery county shall have power to levy and collect a special county
tax not exceeding four mills on each dollar of taxable property in the
county to be used solely for acquiring, constructing, operating,
equipping or maintaining county hospitals or other public hospitals,
non-profit hospitals and public health facilities. The board of revenue
of said county may within the limit of four mills on each dollar of
taxable property propose a rate of taxation sufficient for acquiring,
constructing and maintaining such hospitals and facilities and the
number of years necessary for such tax to be levied for such purpose,
and a rate of taxation to be levied thereafter sufficient to maintain
such hospitals or facilities. A county wide election may be called at
any time by the board of revenue of said county to be conducted in the
manner prescribed by law for general elections, and at which election
there shall be submitted to the vote of the qualified electors of the
county the said tax as proposed by the board of revenue of said county.
Such tax must be levied if authorized by vote of the majority of the
qualified electors of the county who participate in the election called
for that purpose.
AMENDMENT 64 RATIFIED
Fees, Salaries, etc., of Certain Public Officers in Limestone
County.
The legislature of Alabama may hereafter from time to time by general
or local laws, but subject to the provisions of section 281 of the
Constitution of Alabama, fix, regulate and alter the costs, charges of
court, fees, commissions, allowances or salaries to be charged or
received by the judge of probate, sheriff, tax assessor, tax collector,
clerk of the circuit court, and register in chancery of Limestone
county, Alabama; may provide the method and basis of compensation of
such officers; may fix the terms of office of such officers; and may
consolidate any of the offices held by such officers.
AMENDMENT 65 RATIFIED
Special Tax for Hospital and Public Health Purposes in DeKalb
County.
If the tax is authorized by vote of a majority of the qualified
electors of the county who participate in any election called for that
purpose, the governing body of DeKalb county must levy and collect, in
addition to all other taxes authorized by law, a special county tax, not
exceeding four mills on each dollar of taxable property in the county,
to be used solely for acquiring, by purchase, lease, or otherwise,
constructing, operating, equipping, or maintaining county hospitals, or
other public hospitals, non-profit hospitals and public health
facilities, or to pay any existing debt or liability incurred by the
county for such purposes. An election may be called at any time by the
governing body of the county, and must be called within three months of
receipt of a petition signed by not less than five per cent of the
qualified electors of the county requesting that the election be called.
The election shall be conducted in the manner prescribed by the
governing body of the county.
AMENDMENT 66 RATIFIED
License Tax on Selling, etc., of Motor Fuel in Marshall County.
The governing body of Marshall county, when authorized to do so by a
majority of the qualified electors of the county voting in a referendum
held in the manner prescribed by the county governing body, may levy and
collect a county privilege license tax from any person engaged within
the county in the business of selling or keeping in storage for sale
gasoline, woco pep, or any other motor fuel used by self-propelled
vehicles, which tax shall not be in excess of three cents per gallon on
all gasoline, woco pep, or other motor fuel sold or stored, and the
proceeds of which shall be used exclusively for construction and
maintenance of hard surface farm-to-market roads in the county. The
governing body of Marshall county shall hold such referendum not less
than sixty nor more than ninety days after the ratification of this
amendment; subsequent referenda may be held at intervals of not less
than two years.
AMENDMENT 67 RATIFIED
Special School Tax in Etowah County.
In addition to any taxes now authorized or that may be hereafter
authorized by the Constitution and laws of Alabama, the several school
districts of Etowah county, Alabama, shall have power to levy and
collect a special district tax of fifty cents on each one hundred
dollars worth of taxable property in such districts for public school
purposes; provided, that a school district under the meaning of this
section shall include Etowah county, exclusive of the municipalities of
Gadsden and Attalla as one district, the city of Gadsden as one
district, and the city of Attalla as one district; provided further,
that the time such tax is to continue and the purpose thereof shall have
been first submitted to the vote of the qualified electors in each such
district and voted for by a majority of those voting at such election;
and further provided that such election shall be held in the same manner
as now provided for an election on the school district tax authorized in
article XIX of the Constitution of Alabama; and be it further provided
that the funds arising from the special school tax levied in any
district which votes the same independently of the county shall be
expended for the exclusive benefit of the district as the law may
direct.
AMENDMENT 68 RATIFIED
Calhoun County Special School Tax.
In addition to any taxes now authorized, or that may be hereafter
authorized, by the Constitution and laws of Alabama, there is hereby
levied a special school tax of fifty cents on each one hundred dollars
worth of taxable property in the cities of Jacksonville, Piedmont and
Anniston and in the several school districts of Calhoun county to be
used solely for public school purposes; provided such tax and the time
it is to continue shall have been first submitted to the vote of the
qualified electors of the school district in which such tax is to be
collected and voted for by a majority of those voting at such election;
otherwise said tax shall not be collected. A special separate election
is hereby called on the first Tuesday after sixty days following the
date this Constitutional provision becomes effective, in the cities of
Jacksonville, Piedmont and Anniston and in the several school districts
of Calhoun county, at which election the qualified voters in the cities
of Jacksonville, Piedmont and Anniston and in the several school
districts of Calhoun county may vote as to whether said special school
tax herein levied shall be effective for a period of thirty years, and
if the majority of those voting at said election vote in favor of said
special school tax herein referred to, such school tax shall immediately
be levied and collected annually thereafter on the first day of October
by the tax collector of Calhoun county, and, if pledged, paid to the
cities of Jacksonville, Piedmont and Anniston; otherwise by him
immediately paid to the board of education of the cities of
Jacksonville, Piedmont and Anniston, for a period of thirty years from
the date of said election in the cities of Jacksonville, Piedmont and
Anniston, and in the several school districts of Calhoun county and a
special separate election is likewise hereby called in each other school
district in Calhoun county on the first Tuesday after sixty days
following the date this Constitutional provision becomes effective and
the qualified electors of each such other school district in Calhoun
county shall vote as to whether said special school tax herein levied
shall be effective in their respective districts for a period of thirty
years, and where a majority of those voting at said election in any such
school district vote in favor of said special school tax such special
school tax shall be immediately levied and collected annually thereafter
on the first day of October by the tax collector of Calhoun county and
if pledged, paid to county of Calhoun; otherwise by him immediately paid
to the board of education of Calhoun county, for a period of thirty
years in any such school district where the majority of such electors
voting at said election vote therefore. This section shall be
self-executing.
The funds arising from the special school tax to be levied hereunder
and to be collected there from shall be expended for public school
purposes for the exclusive benefit of the school district in which
collected with all such tax collected in the city of Jacksonville to be
expended in the city of Jacksonville and with all such tax collected in
the city of Piedmont to be expended in the city of Piedmont and all such
tax collected within the Anniston school district to be expended in the
Anniston school district. After said tax has been voted, and without
further authorization or authority, as and when requested by the boards
of education of the cities of Jacksonville, Piedmont and Anniston, the
cities of Jacksonville, Piedmont and Anniston shall issue and sell
interest bearing bonds with principal and interest to be paid from the
funds to be derived from the special school tax hereby levied in the
cities of Jacksonville, Piedmont and Anniston and in the school
districts in which the cities of Jacksonville, Piedmont and Anniston are
located, for the sole purpose of construction and improvement of school
buildings and the acquiring of sites therefore; provided, said net
proceeds of said bonds shall immediately be paid to the boards of
education of the cities of Jacksonville, Piedmont and Anniston and said
bonds shall not be issued for a longer period than thirty years, and
said funds to be derived from said special school tax may be pledged by
the cities of Jacksonville, Piedmont and Anniston for the payment of
said bonds and the interest thereon, and provided that said bonds shall
not be a general obligation of the cities of Jacksonville, Piedmont and
Anniston or of Calhoun county and shall not be charged to the
constitutional debt limit of the cities of Jacksonville, Piedmont and
Anniston or of Calhoun county. After said tax has been voted, and
without further authorization or authority, as and when requested by the
board of education of Calhoun county, Calhoun county shall issue and
sell interest bearing bonds with principal and interest to be paid from
the funds to be derived from the special school tax hereby levied in
each school district in Calhoun county, other than in the cities of
Jacksonville, Piedmont and Anniston and the school districts in which
the cities of Jacksonville, Piedmont and Anniston are located, for the
sole purpose of the construction and improvement of public school
buildings and the acquiring of sites therefore; provided, the net
proceeds of said bonds shall immediately be paid to the board of
education of Calhoun county and that said bonds shall not be issued for
longer than thirty years and said funds arising from said school tax may
be pledged by Calhoun county for the payment of said bonds and interest
thereon and provided that said bonds shall not be a general obligation
of Calhoun county and shall not be charged to the constitutional debt
limit of Calhoun county.
Except as herein otherwise provided the elections hereinabove
provided for shall be called, held, and conducted as provided by law for
calling, holding and conducting of district school tax elections. The
governing bodies of the cities of Jacksonville, Piedmont and Anniston
shall appoint and designate the officers, managers, clerks and returning
officers and shall call, canvass, tabulate, and declare the result of
the elections provided for in the cities of Jacksonville, Piedmont and
Anniston and in the school districts in which the cities of
Jacksonville, Piedmont and Anniston are located. The governing body of
Calhoun county shall appoint and designate the election officers,
managers, clerks, and returning officers and shall call, canvass,
tabulate, and declare the result of the elections as to any and all
school districts in Calhoun county, other than in the cities of
Jacksonville, Piedmont and Anniston and the school districts in which
the cities of Jacksonville, Piedmont and Anniston are located. All such
elections shall otherwise be conducted, held, canvassed, tabulated and
the results declared as general elections are conducted, held,
canvassed, tabulated and the results declared in Alabama.
AMENDMENT 69 RATIFIED
Special Tax for Hospital Purposes in Marion County.
The governing body of Marion county shall have the power to levy and
collect a special county tax not exceeding four mills on each dollar's
worth of taxable property situated within the county, based upon the
valuation of such property as assessed for state taxation, the proceeds
of such tax to be used solely for the purpose of acquiring,
constructing, enlarging, repairing, improving, equipping, furnishing,
operating, or maintaining a county hospital or public hospital
facilities in the county for which federal funds have been or may be
provided.
AMENDMENT 70 RATIFIED
Special Tax for Hospital and Public Health Purposes in Escambia
County.
If the tax is authorized by vote of a majority of the qualified
electors of Escambia county who participate in any election called for
that purpose, the governing body of said county must levy and collect,
in addition to all other taxes authorized by law, a special county tax,
not exceeding four mills on each dollar of taxable property in the
county, to be used solely for acquiring, by purchase, lease, or
otherwise, constructing, operating, equipping, or maintaining county
hospitals, or other public hospitals, non-profit hospitals and public
health facilities. An election may be called at any time by the
governing body of the county, and must be called within three months of
receipt of a petition, signed by not less than five percent of the
qualified electors of the county, requesting that the election be
called. The election shall be conducted in the manner which the
governing body of the county prescribes.
AMENDMENT 71 RATIFIED
Tuscaloosa County Special School Tax.
In addition to any taxes now authorized, or that may be hereafter
authorized, by the Constitution and laws of Alabama, there is hereby
levied a special school tax of fifty cents on each one hundred dollars
worth of taxable property in the city of Tuscaloosa and in the several
school districts of Tuscaloosa county, to be used solely for public
school purposes, provided such tax, and the time it is to continue,
shall have been first submitted to the vote of the qualified electors of
the school district in which such tax is to be collected and voted for
by a majority of those voting at such election; otherwise said tax shall
not be collected. A special separate election is hereby called on the
first Tuesday after sixty days following the date this constitutional
provision becomes effective, in the city of Tuscaloosa and in the school
district in Tuscaloosa county of which the city of Tuscaloosa is a part
at which election the qualified voters in the city of Tuscaloosa and in
the school district in Tuscaloosa county of which the city of Tuscaloosa
is a part may vote as to whether said special school tax herein levied
shall be effective for a period of thirty years, and if the majority of
those voting at said election vote in favor of said special school tax
herein referred to, such school tax shall immediately be levied and
collected annually thereafter on the first day of October by the tax
collector of Tuscaloosa county and, if pledged, paid to the city of
Tuscaloosa; otherwise by him immediately paid to the board of education
of the city of Tuscaloosa, for a period of thirty years from the date of
said election in the city of Tuscaloosa and in the school district of
which the city of Tuscaloosa is a part, and a special separate election
is likewise hereby called in each other school district in Tuscaloosa
county on the first Tuesday after sixty days following the date this
constitutional provision becomes effective and the qualified electors of
each such other school district in Tuscaloosa county shall vote as to
whether said special school tax herein levied shall be effective in
their respective districts for a period of thirty years, and where a
majority of those voting at said election in any such school district
vote in favor of said special school tax such special school tax shall
be immediately levied and collected annually thereafter on the first day
of October by the tax collector of Tuscaloosa county and, if pledged,
paid to the county of Tuscaloosa; otherwise by him immediately paid to
the board of education of Tuscaloosa county, for a period of thirty
years in any such school district where a majority of such electors
voting at said election vote therefore. This section shall be
self-executing.
The funds arising from the special school tax to be levied hereunder
and to be collected there from shall be expended for public school
purposes for the exclusive benefit of the school district in which
collected with all such tax collected in the city of Tuscaloosa to be
expended in the city of Tuscaloosa. After said tax has been voted, and
without further authorization or authority, as and when requested by the
board of education of the city of Tuscaloosa, the city of Tuscaloosa
shall issue and sell interest bearing bonds with principal and interest
to be paid from the funds to be derived from the special school tax
hereby levied in the city of Tuscaloosa and in the school district in
which the city of Tuscaloosa is located, for the sole purpose of the
construction and improvement of school buildings and the acquiring of
sites therefore; provided, said net proceeds of said bonds shall
immediately be paid to the board of education of the city of Tuscaloosa
and said bonds shall not be issued for a longer period than thirty
years, and said funds to be derived from said special school tax may be
pledged by the city of Tuscaloosa for the payment of said bonds and the
interest thereon, and provided that said bonds shall not be a general
obligation of the city of Tuscaloosa or of Tuscaloosa county and shall
not be charged to the constitutional debt limit of the city of
Tuscaloosa or of Tuscaloosa county. After said tax has been voted, and
without further authorization or authority, as and when requested by the
board of education of Tuscaloosa county, Tuscaloosa county shall issue
and sell interest-bearing bonds with principal and interest to be paid
from the funds to be derived from the special school tax hereby levied
in each school district in Tuscaloosa county, other than in the city of
Tuscaloosa and the school district in which the city of Tuscaloosa is
located, for the sole purpose of the construction and improvement of
public school buildings and the acquiring of sites therefore; provided
the net proceeds of said bonds shall immediately be paid to the board of
education of Tuscaloosa county and that said bonds shall not be issued
for longer than thirty years and said funds arising from said school tax
may be pledged by Tuscaloosa county for the payment of said bonds and
interest thereon and provided that said bonds shall not be a general
obligation of Tuscaloosa county and shall not be charged to the
constitutional debt limit of Tuscaloosa county.
Except as herein otherwise provided the elections hereinabove
provided for shall be called, held and conducted as provided by law for
calling, holding and conducting of district school tax elections. The
governing body of the city of Tuscaloosa shall appoint and designate the
officers, managers, clerks and returning officers and shall call,
canvass, tabulate and declare the result of the elections provided for
in the city of Tuscaloosa and in the school district in which the city
of Tuscaloosa is located. The governing body of Tuscaloosa county shall
appoint and designate the election officers, managers, clerks and
returning officers and shall call, canvass, tabulate and declare the
result of, the elections as to any and all school districts in
Tuscaloosa county other than in the city of Tuscaloosa and the school
district in which the city of Tuscaloosa is located. All such elections
shall otherwise be conducted, held, canvassed, tabulated and the results
declared as general elections are conducted, held, canvassed, tabulated
and the results declared in Alabama.
AMENDMENT 72 RATIFIED
Special Tax for Hospital and Public Health Purposes in Counties
Except Mobile, Montgomery and Jefferson.
If the tax is authorized by vote of a majority of the qualified
electors of the county who participate in any election called for that
purpose, the governing body of every county except Mobile, Montgomery
and Jefferson counties must levy and collect, in addition to all other
taxes authorized by law, a special county tax, not exceeding four mills
on each dollar of taxable property in the county to be used solely for
acquiring, by purchase, lease, or otherwise, constructing, operating,
equipping, or maintaining county hospitals, or other public hospitals,
non-profit hospitals and public health facilities. An election may be
called at any time by the governing body of the county, and must be
called within three months of receipt of a petition, signed by not less
than five percent of the qualified electors of the county, requesting
that the election be called. The election shall be conducted in the
manner which the governing body of the county prescribes.
AMENDMENT 73 RATIFIED
Jefferson County Sewer Bonds.
In addition to any indebtedness now authorized, Jefferson county may
become indebted and may issue bonds therefore in an amount not exceeding
3 percent of the assessed valuation of the taxable property in said
county in order to pay the expenses of constructing, improving,
extending and repairing sewers and sewerage treatment and disposal
plants in said county. Said bonds shall be general obligations of
Jefferson county but shall also be payable primarily from and secured by
a lien upon the sewer rentals or service charges, which shall be levied
and collected in an amount sufficient to pay the principal of and
interest on such bonds, replacements, extensions and improvements to,
and the cost of operation and maintenance of, the sewers and sewerage
treatment and disposal plants. Such sewer rentals or service charges
shall be levied upon and collected from the persons and property whose
sewerage is disposed of or treated by the sewers or the sewerage
treatment or disposal plants and whether served by the part of the sewer
system then being constructed, improved, or extended or by some other
part of such system; and such charges or rentals shall be a personal
obligation of the occupant of the property the sewerage from which is
disposed of by such sewers or treated in such plants and shall also be a
lien upon such property, enforceable by a sale thereof.
Before issuing any bonds or levying or collecting any such sewer
service charges or rentals, the proposal shall first be submitted to and
approved by a majority of the voters of the county voting at an election
to be called by the governing body thereof. Notice of such election
shall be given by publication once a week for four successive weeks
immediately prior to such election in a newspaper published and of
general circulation in Jefferson county. Such notice and the ballot
shall set forth the purpose for which the bonds are proposed to be
issued, the estimated cost of the proposed undertaking, the amount of
bonds to be issued, the serial maturities thereof, and the maximum rate
of interest such bonds are to bear, and a recital that the proposal
includes the levying of sewer service charges or rentals to be secured
by liens upon the property served. Such elections shall in all respects
not herein otherwise provided be conducted and the results thereof
ascertained and declared in accordance with the law then in force
relating to county bond elections. If at any such election a majority of
the voters vote in favor of the proposed undertaking and the bonds, the
bonds so voted may be issued at one time or from time to time as the
governing body of the county shall deem advisable.
With the prior approval of the governing body of any incorporated
municipality therein, Jefferson county may take over, own, possess,
control, expand, improve, maintain and operate any sewers or sewerage
treatment or disposal plants of such incorporated municipality or, if
such incorporated municipality has no sewers, Jefferson county may
construct sewers therein. Such sewers and plants shall thereupon become
a part of a combined and consolidated sewer system for Jefferson county.
The governing body of Jefferson county shall have full power and
authority to manage, operate, control and administer the sewers and
plants herein provided for and, to that end, may make any reasonable and
nondiscriminatory rules and regulations fixing rates and charges,
providing for the payment, collection and enforcement thereof, and the
protection of its property. Liens for sewer rentals or service charges
shall be foreclosed in such manner as may be provided by law for
foreclosing municipal assessments for public improvements. This
amendment is self-executing.
The authority to issue bonds shall cease December 31, 1958. The
authority to levy and collect sewer charges and rentals shall be limited
to such charges as will pay the principal of and interest on the bonds
and the reasonable expense of extending, improving, operating and
maintaining said sewers and plants; and when the bonds shall have been
paid off, service charges and rentals shall be accordingly reduced, it
being the intent and purpose of this amendment that the expenses of
needed improvements and extensions and maintenance and operation of the
sewers and sewerage treatment and disposal plants and no other
expenditures shall be paid from such service charges and rentals.
AMENDMENT 74 RATIFIED
Bonds for State Board of Health Hospitals and District Tuberculosis
Sanitaria.
(a) Notwithstanding anything contained in the Constitution of the
state of Alabama, or any amendment thereto heretofore adopted, the
governor shall from time to time issue negotiable interest bearing bonds
for the purposes and in the manner and subject to the limitations stated
in this amendment. The bonds shall be the general obligation of the
state of Alabama and the full faith and credit and taxing power of the
state are hereby pledged to the punctual payment of the bonds and the
interest thereon. The aggregate principal amount of all bonds issued
hereunder shall not exceed two million dollars ($2,000,000) and they
shall mature within ten years from the date of issuance.
The proceeds from the sale of such bonds are hereby appropriated and
shall be used solely for the construction of hospitals and hospital
facilities pursuant to Act No. 211, S. 107, approved July 7, 1945
(General Acts of Alabama, 1945, page 330), or any act supplemental
thereto or amendatory thereof; provided, that the funds appropriated
hereby shall be used only for the construction of hospitals, clinics, or
health centers under contracts which have been or are let on or after
May 1, 1949, and that the funds shall be used to match federal funds
available for hospital, clinic or health center purposes, and that the
local governments in the area where each hospital, clinic or health
center is to be built shall contribute at least as much money for the
construction as does the state; and provided further that the state
shall not contribute more than three hundred fifty thousand dollars
($350,000) to the construction of any one hospital, clinic or health
center.
In determining where a hospital, clinic or health center to be
constructed with the funds appropriated herein shall be located, first
consideration shall be given to communities which have no hospital,
clinic or health center facilities. Each county having no hospital,
clinic or health center facilities shall be entitled to an allotment of
not less than sixty thousand dollars ($60,000) for such facilities if
application is made therefore before January 1 of each year. Any funds
available for hospital, clinic or health center facilities remaining on
January 1 of each year after allotments have been made to those counties
having no such facilities and having not already received an allotment
and which have made application therefore may be allotted to those
counties having such facilities which have made application therefore.
However, counties receiving prior allotments hereunder shall not be
precluded from receiving a larger allotment or an additional allotment
at the discretion of the state board of health.
District tuberculosis sanatoria in the districts set up in Act No.
287, S. 22, approved July 7, 1945 [Acts 1945, p. 474], shall be eligible
for construction under the provisions of this amendment, and 25 percent
of the proceeds from the sale of bonds authorized by this amendment
shall be reserved for the construction of tuberculosis sanatoria;
provided, at the end of each calendar year funds not obligated for
either general or tuberculosis hospital construction may be used during
the next year for either type construction; and provided further, that
the local governments or authorities in the area where the sanatorium is
to be built shall contribute at least as much money as does the state. A
sum not to exceed forty thousand dollars ($40,000) may be used by the
state board of health for hospital administration for each of the two
(2) years ending in 1950, and 1951; this appropriation shall be
cumulative.
(b) All bonds issued hereunder and interest thereon shall be payable
from any funds in the state treasury not otherwise appropriated. The
bonds shall be payable in substantially equal installments of principal
and interest beginning in the next fiscal year after their date; they
shall bear interest at a rate not exceeding two percent per annum
payable semi-annually; and they shall contain a provision for their call
for payment at such a time or times prior to maturity, and at such a
premium, if any, as the governor may prescribe. All bonds issued
hereunder shall be sold to the highest bidder at a duly advertised
public sale, on sealed bids or at auction, and shall not be sold for
less than par and accrued interest; provided, bidders may be invited to
name the rate of interest which the bonds are to bear, in which case the
bonds shall not be sold at a price which would yield more than two
percent according to standard bond tables, taking into account the
discount and call privilege.
AMENDMENT 75 RATIFIED
Bonds, etc., for Hospital Purposes or Health Facilities in Marion
County.
The provisions of section 224 of the Constitution of Alabama
notwithstanding, the governing body of Marion county, Alabama, is hereby
authorized to issue bonds, warrants, or other evidences of indebtedness
and to pledge in payment of the principal and interest due upon any such
bonds, warrants, or other evidences of indebtedness, only the proceeds
derived, or to be derived, from any special county privilege, license or
excise taxes heretofore or hereafter levied and collected within Marion
county, Alabama, for the sole and exclusive purpose of constructing,
equipping, operating, maintaining or improving public hospitals or
related hospital or health facilities, including clinics, nursing homes,
public health centers and laboratory facilities, or for such other
public purposes of any kind and description as in the judgment of the
governing body of the county of Marion is meet and proper. The proceeds
derived from the sale of such bonds, warrants, or other evidences of
indebtedness, may be used by the governing body of Marion county for any
or all of the purposes enumerated herein, and no other. The bonds,
warrants, or other evidences of indebtedness issued and sold under the
provisions of this amendment may be interest bearing bonds, warrants, or
other evidences of indebtedness with maturity date fixed at any time
within thirty years next succeeding the date of issuance of such
securities.
The tax levied and the method of collection provided therefore by Act
No. 115 approved June 22, 1949 [Acts 1949, p. 139], levying in Marion
county, Alabama, and additional special privilege or license taxes and
excise taxes be and the same hereby is in all things validated and
confirmed, any provision or provisions of the Constitution of Alabama of
1901 to the contrary notwithstanding.
AMENDMENT 76 RATIFIED
Special County Tax for Public Hospital Purposes.
This amendment shall apply in all counties except Mobile and
Jefferson counties. The term "public hospital purposes" as used in this
amendment shall be construed to include the acquisition by purchase,
lease, or otherwise, and the construction, equipment, operation, and
maintenance of public hospital facilities. The term "public hospital
facilities" as used in this amendment shall be construed to include
public hospitals, public clinics, public health centers, nurses' homes
and training facilities, and related public health facilities of any
kind.
If a majority of the qualified electors of any county in the state,
except Mobile and Jefferson counties, who participate in an election
held therein pursuant to the provisions of any amendment to the
Constitution heretofore adopted shall vote at such election in favor of
the levy and collection of a special county tax, within the limitations
provided in such amendment, for any one or more of the purposes included
within the meaning of the term public hospital purposes, the proceeds
derived from the tax authorized at such election may be applied for any
one or more of the purposes for which said tax may be so voted. Whenever
the tax shall be voted the governing body of the county may anticipate
the proceeds there from for any one or more of the purposes for which
the tax shall be voted by issuing, without further election, interest
bearing tax anticipation bonds, warrants, or certificates of
indebtedness of said county payable solely from and secured by a pledge
of not exceeding 75% of the annual proceeds from said tax received by
the county.
The governing body of each county in which the said tax may be voted
shall have the further power to designate as the agency of the county to
acquire, construct, equip, operate and maintain public hospital
facilities any public corporation heretofore or hereafter organized for
hospital purposes in the county under any general law heretofore or
hereafter enacted by the legislature. When a public corporation shall be
so designated, the proceeds of said tax thereafter collected shall be
paid over to it and shall be used by it for any one or more of the
purposes for which the tax shall have been voted; provided, that payment
of the proceeds of said tax to said public corporation shall be made
only to such extent as will not result in the impairment of the
obligation of any contract theretofore made with respect to said tax.
Said public corporation may anticipate the proceeds from said tax so
required to be paid to it by issuing, for any one or more of the
purposes for which the tax shall have been voted, the bonds, warrants,
or certificates of indebtedness of said public corporation, and may
pledge for the payment of the principal thereof and interest thereon not
exceeding 75% of the annual proceeds from said tax so paid to it.
Each county in which the tax shall be voted, and in the event a
public corporation shall have been designated as the agency of such
county pursuant to the provisions hereof then said public corporation,
shall have the power to contract with any other county or similar public
corporation with respect to the acquisition by purchase, lease, or
otherwise, and the construction, equipment, operation, and maintenance
of public hospital facilities outside of the county and within any zone
or region of which the county may be a part, and which may have
heretofore been established or may hereafter be established for public
hospital purposes by the legislature or by any agency designated by it,
the obligations of such contract to be payable solely out of the
proceeds of said tax; provided, that the proceeds of said tax shall not
be used outside of the county for any purpose for which the proceeds
could not be used in the county, and shall not be used with respect to
public hospital facilities located outside of the county if the tax is
voted specifically for public hospital facilities located in the county.
No securities issued or contracts made by a county under the
authority of this amendment, which are payable solely out of the
proceeds of said tax, and no securities issued or contracts made by any
such public corporation, whether or not issued or made under the
authority of this amendment, shall be construed to be bonds of the
county or of a political subdivision thereof within the meaning of
section 222 of the Constitution, or construed to create or constitute an
indebtedness of the county within the meaning of section 224 of the
Constitution. Said securities shall be construed to be negotiable
instruments notwithstanding the fact that they may be payable solely
from a limited source. All pledges of said tax and all contracts made
with respect thereto pursuant to the provisions of this amendment shall
take precedence in the order in which they are made and shall create a
charge on the proceeds of said tax prior to the expenses of operating
and maintaining any public hospital facilities.
In each instance in which a special county tax for any one or more of
the purposes included within the meaning of the term "public hospital
purposes" has heretofore been authorized at an election held in a county
pursuant to the provisions of any amendment to the Constitution
heretofore adopted, all provisions of this amendment shall be applicable
in said county to the same extent as if said election had been held
after the adoption of this amendment.
This amendment shall be self-executing.
AMENDMENT 77 RATIFIED
Special School Tax in St. Clair County.
In addition to all taxes now or hereafter authorized by the
Constitution and laws of Alabama, there is hereby levied and shall be
collected a special school tax of fifty cents on each one hundred
dollars worth of taxable property in St. Clair county, the proceeds of
which shall be used exclusively for public school purposes; provided,
the time the tax is to continue and the purpose thereof shall have been
first submitted to the vote of the qualified electors of the county and
voted for by a majority of those voting at such election. The election
provided for herein shall be called, held, conducted, paid for, and
governed otherwise in the manner provided for an election on the school
district tax authorized in amendment III [3], article XIX of the
Constitution of Alabama, by article 7, chapter 10, Title 52 of the Code
of Alabama (1940). The collection of the tax and the use of the proceeds
shall also be governed by the applicable provisions of article 7,
chapter 10, Title 52 of the Code of Alabama (1940).
AMENDMENT 78 RATIFIED
Cherokee County Special School District Tax.
In addition to any taxes now authorized or that may be hereafter
authorized by the Constitution and laws of Alabama, the several school
districts of Cherokee county, Alabama, shall have the power to levy and
collect a special district tax of fifty cents on each one hundred
dollars worth of taxable property in such districts for public school
purposes; provided, that the time during which such tax is to continue
and the purpose thereof shall have been first submitted to a vote of the
qualified electors in each such district and voted for by a majority of
those voting at such election, the election to be held in the same
manner as now provided by law for an election on the school district tax
authorized in article XIX of the Constitution of Alabama. The funds
arising from such special tax levied in any district which votes the
same independently of the county shall be expended for the exclusive
benefit of the district as the law may direct.
AMENDMENT 79 RATIFIED
Special School District in Lawrence County.
The board of education of Lawrence county may designate and establish
a special school district within the school district in which the
municipality of Courtland is located, and it may become indebted and
issue bonds in an amount not exceeding one hundred thousand dollars
($100,000) for the construction and equipment of a school building
within said district. To pay said indebtedness, and the interest
thereon, Lawrence county may levy and collect an annual tax on all
property situated within said district, at a rate not in excess of five
mills; provided, whenever enough has been collected to retire the bonds
and pay the interest thereon the tax will cease and any surplus
remaining will revert to the Courtland school district. The
indebtedness, the bonds, and the tax herein authorized shall be in
addition to those heretofore authorized; but no such additional
indebtedness shall be incurred, no such bonds shall be issued, and no
such tax shall be levied, until the estimated cost of constructing and
equipping said school building hereby proposed to be built, its time of
completion, and the amount of the increased indebtedness, the rate of
interest to be paid thereon, and the period over which the bonds to be
issued will be refunded, shall have been determined upon and made public
by the board of education of said county, and the proposed increase in
indebtedness and the issuance of bonds and the increase in the rate of
taxation shall have been authorized by a majority of the qualified
electors of said special school district voting upon such proposal at an
election to be called by the county governing body for said purposes,
said election to be held not less than sixty (60) nor more than one
hundred twenty (120) days after the adoption of this amendment. The
election provided for herein shall be called, held, and conducted as
three-mill school tax elections are held pursuant to article 7, chapter
10, Title 52 of the Code of Alabama (1940).
AMENDMENT 80 RATIFIED
Huntsville Special School Tax.
(A) In addition to any taxes now authorized, or that may be hereafter
authorized, by the Constitution and laws of Alabama, there is hereby
levied a special school tax of fifty cents on each one hundred dollars
worth of taxable property in the school tax district of the city of
Huntsville in Madison county to be used solely for public school
purposes; provided such tax and the time it is to continue shall have
been first submitted to the vote of the qualified electors of the said
school tax district in which such tax is to be collected and voted for
by a majority of those voting at such election, otherwise said tax shall
not be collected. A special separate election is hereby called on the
first Tuesday after sixty days following the date this amendment becomes
effective in the school tax district of the city of Huntsville in
Madison county, at which election the qualified voters in the said
school tax district of Madison county may vote as to whether said
special school tax herein levied shall be effective; and if the majority
of those voting at said election vote in favor of said special school
tax such school tax shall immediately be levied and collected annually
thereafter on the first day of October by the tax collector of Madison
county and paid to the city of Huntsville. The proceeds of the tax are
hereby pledged solely to the payment of the principal and interest of
the bonds hereinafter provided for. This section shall be
self-executing.
(B) After said tax has been voted, and without further authorization
the city of Huntsville shall issue and sell interest bearing bonds with
principal and interest to be paid from the proceeds of the tax herein
levied. The proceeds of the sale of the bonds shall be used for the sole
purpose of constructing and improving school buildings and acquiring
sites therefore; provided, the net proceeds of the bonds shall be paid
immediately to the board of education of the city of Huntsville. The
principal amount of the bonds shall in no event exceed the sum of five
hundred seventy-five thousand dollars ($575,000). All bonds issued
hereunder shall be payable in annual installments, the first of which
shall be payable not more than two years after the date of the bonds,
and the last within the period of usefulness of the improvements for
which the bonds are issued. Such bonds shall be callable at any time
upon the payment of the principal amount thereof plus a premium equal to
one year's interest thereon. The bonds shall not be a general obligation
of the city of Huntsville or of Madison county and shall not be charged
to the constitutional debt limit of the city of Huntsville or Madison
county.
(C) If sufficient revenue has been produced by the tax levied in
paragraph (A) of this amendment to pay the principal amount of the bonds
issued hereunder with interest thereon prior to the expiration of the
period for which the tax was levied, the tax shall immediately cease and
shall no longer be collected or enforced, and the bonds shall be
redeemed forthwith.
(D) Except as herein otherwise provided the election hereinabove
provided for shall be called, held and conducted as provided by law for
calling, holding and conducting of district school tax elections. The
governing body of the city of Huntsville shall appoint and designate the
officers, managers, clerks and returning officers and shall call,
canvass, tabulate, and declare the result of the election provided for
in the city of Huntsville. The election shall otherwise be conducted,
held, canvassed, tabulated and the results declared as general elections
are conducted, held, canvassed, tabulated and the results declared in
Alabama.
AMENDMENT 81 RATIFIED
Establishing or Abolishing Branch Courthouse or Division or Branch
of Court of Record.
After the ratification of this amendment, the legislature shall not
establish any branch courthouse or any division or branch of any court
of record to be held at any place other than the county seat, nor shall
the legislature abolish any branch courthouse now existing or abolish
any division or branch of any court of record now existing, unless such
proposal be first submitted to a vote of the qualified electors of the
county or counties to be affected and is approved by a majority of those
voting upon such proposition.
AMENDMENT 82 RATIFIED
Jefferson County Consolidation School Tax Amendment.
Jefferson county shall have power to levy and collect an additional
tax of 50 cents on each $100 of taxable property therein for public
school purposes in the same manner and subject to the same election
requirements as are now provided in the third amendment to this
Constitution with respect to county school taxes; provided that in any
incorporated municipality where special or additional taxes are being
levied and collected for public school purposes, including the servicing
of debts incurred for public schools, the additional tax herein provided
for shall be reduced by the amount of such special or additional
municipal public school taxes in the corporate limits where such special
or additional municipal public school taxes are being levied and
collected and during the time such taxes are levied and collected; and
provided further that only qualified electors residing within the area
in which the additional tax herein authorized is proposed to be levied
shall have the right to vote at any election held for the purpose of
voting such additional tax, and qualified voters residing in
incorporated municipalities which are levying and collecting a full tax
of 50 cents on each $100 of taxable property for public school purposes
shall not be entitled to vote at such election. So long as the public
schools in any incorporated municipality are operated separately from
those of Jefferson county, the funds arising from such additional tax on
taxable property in such municipality shall be expended only by the
board of education or other authority charged with the operation of the
public schools in such municipality and only for the benefit of the
public schools therein. The additional tax herein authorized shall be in
addition to the county and the district school taxes authorized in
section 269 of and the third amendment to this Constitution and in
addition to the county taxes authorized in section 215 thereof. All
statutes relating to the holding of elections and the levy and
collection of taxes in counties under the third amendment to this
Constitution, with the exception hereinabove provided, shall apply.
AMENDMENT 83 RATIFIED
Vacancies in Office of Judge of Circuit Court Holding at Birmingham.
All vacancies in the office of judge of the circuit court holding at
Birmingham which shall occur subsequent to January 15, 1951 shall be
filled in the manner and for the time as herein provided.
The Jefferson county judicial commission is hereby created for the
purpose of nominating to the governor persons for appointment to such a
vacancy. The members of such commission shall be (a) two persons who are
members of the Alabama state bar, and (b) two persons who are not
members of the Alabama state bar, and (c) one judge of the circuit court
holding at Birmingham.
All members of such commission must reside in the territorial
jurisdiction of the circuit court holding at Birmingham.
The two members of such commission who are required to be members of
the Alabama state bar shall be elected by the members of such bar who
are regularly licensed and qualified to practice law in this state and
who reside in the territorial jurisdiction of the circuit court holding
at Birmingham. The executive committee of the Birmingham bar association
or its successor body in such capacity, is authorized and directed to
make rules, not inconsistent with this amendment, for the election of
such members of such commission as are required to be members of the
Alabama state bar. Such executive committee shall certify in writing to
the probate judge of Jefferson county the names of the persons elected
as members of such commission by such members of such bar.
The senator and representatives in the Alabama legislature from
Jefferson county shall elect the two members of such commission who are
required not to be members of the Alabama state bar. Such senator and
representatives shall certify in writing to such probate judge the names
of the persons elected by them as such members.
The judges of the circuit court holding at Birmingham shall elect the
member of such commission who is required to be a judge of such circuit
court. The judges of such circuit court shall certify in writing to such
probate judge the name of the circuit judge elected by such circuit
judges as such member.
The terms of office of all members of such commission shall be six
years, except that the terms of office of the two members of the state
bar first elected shall be for one and two years respectively, and of
the two members first elected by the senator and representatives in the
Alabama legislature from Jefferson county shall be for three and four
years respectively, and the term of the circuit judge elected by the
circuit judges shall be for five years; the length of such terms of
office of the members of such commission being indicated by the
respective electing bodies. The terms of the initial members of such
commission shall begin on January 16, 1951. A vacancy in the office of a
member of such commission shall be filled for the unexpired term in the
same manner as such member was originally chosen.
The probate judge of Jefferson county shall record all such
certificates of election and shall safely and permanently keep the
original certificates. Forthwith upon his receipt and recordation of
every such certificate, he shall send to the governor a certified copy
of every such certificate.
No member of such commission shall be eligible to succeed himself as
such member or for nomination to the governor for appointment as judge
of such circuit court during the term of office for which such member
shall have been selected.
The members of such commission shall not receive any salary or other
compensation for their services as such members. No member of such
commission other than the member required to be a judge of the circuit
court shall hold any public office, and no member of such commission
shall hold any official position in any political party.
If, subsequent to January 15, 1951, a vacancy occurs in the office of
judge of the circuit court holding at Birmingham, such commission shall
nominate to the governor three persons having the qualifications for
such office. Such nomination shall be made only by the concurrence of a
majority of the members of such commission. The governor shall appoint
to the office in which the vacancy exists one of the three persons so
nominated for such office. The appointee shall hold such 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 shall hold office for the unexpired term and
until his successor is elected and qualified.
This amendment shall be self-executing.
AMENDMENT 84 RATIFIED
Economic Development of Municipalities in Marion County.
Any provision of the Constitution or laws of the state of Alabama to
the contrary notwithstanding, any municipality in Marion county, or any
one or more of them, shall have full and continuing power and authority,
without any election or approval other than the approval of its
governing body, to do any one or more of the following:
1. To purchase, construct, lease, or otherwise acquire real property,
plants, buildings, factories, works, facilities, machinery and equipment
of any kind.
2. To lease, sell for cash or on credit, exchange, or give and convey
any such property described in subdivision 1 above, to any person, firm,
association or corporation.
3. To promote local industrial, commercial or agricultural
development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or
company.
5. To lend its credit or to grant public moneys and things of value
in aid of, or to, any individual, firm, association, or corporation
whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds,
warrants (which may be payable from funds to be realized in future
years), notes or other obligations or evidences of indebtedness, to a
principal amount not exceeding fifty percent of the assessed value of
taxable property therein as determined for state taxation, in order to
secure funds for the purchase, construction, lease or acquisition of any
of the property described in subdivision 1 above or to be used in
furtherance of any of the other powers or authorities granted in this
amendment. Such obligations or evidences of indebtedness may (in
addition to any pledge or pledges authorized by subdivision 8 of this
amendment) be issued upon the full faith and credit of the municipality
or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now
authorized or permitted, a special tax or taxes of not exceeding two
percent on the value of all taxable property therein as determined for
state taxation, in the same manner as other county or municipal taxes
are levied and collected. Such tax may be upon all property in any
municipality in Marion county or upon all property in any district the
boundaries of which the governing body of such municipality shall
describe and which it shall determine to be specially improved and
benefited by any proposed use or expenditure of the proceeds of such
tax.
8. To pledge to the payment of any bonds, warrants, notes or other
obligations or evidences of indebtedness the annual proceeds from any
such special tax or taxes and to obligate itself irrevocably to continue
to levy and collect such taxes annually until such obligations or
evidences of indebtedness are paid in full and to pledge thereto any
rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers,
managed and governed by such board or governing body and subject to such
limitations as the governing body of any municipality in Marion county
may impose, by approving and filing a certificate to that effect in the
office of the judge of probate or the secretary of state, or their
respective successors in function, and to delegate to such public
authority or corporation and its board or governing body all powers and
authority conferred in this amendment upon any such municipality.
The recital in any bonds, warrants, notes or other obligations or
evidences of indebtedness that they were issued pursuant to this
amendment or that they were issued to provide funds to be used in
furtherance of any power or authority herein authorized or that any
special tax herein authorized has been pledged to the payment thereof
shall be conclusive; no purchaser or holder thereof need inquire
further; and the levy and collection of such tax shall continue until
the principal of and interest on such obligations or evidences of
indebtedness shall have been paid in full. The bonds, warrants, notes or
other obligations or evidences of indebtedness issued hereunder shall
not be considered an indebtedness of any municipality in Marion county
for the purpose of determining the borrowing capacity of such
municipality under sections 224 and 225 of the Constitution; and the
taxes herein authorized shall be in addition to those provided for or
permitted in sections 215 and 216 of the Constitution and all amendments
thereto.
This amendment shall be self-executing; but the legislature shall
have the right and power by general, special or local act to adopt laws
supplemental to this amendment or in furtherance of the purposes and
objectives hereinabove set forth.
AMENDMENT 85 RATIFIED
Court Costs and Charges, Fees, Salaries, etc., of Officers in
Talladega County.
The legislature may from time to time, by general or local laws, fix,
alter, and regulate the costs and charges of courts in Talladega county,
and the fees, commissions, percentages, allowances, or salary of, and
the method of compensating any officer of Talladega county.
AMENDMENT 86 RATIFIED
Special School Tax in Monroe County.
In addition to any taxes now authorized or that may be hereafter
authorized by the Constitution and laws of Alabama, the several school
districts of Monroe county, Alabama shall have the power to levy and
collect a special district tax of thirty cents on each one hundred
dollars worth of taxable property in such districts for school purposes;
provided, that the levying of such tax and the time during which it is
to continue and the purpose thereof shall have been first submitted to a
vote of the qualified electors in each such district and voted for by a
majority of those voting at such election; and further provided that
such election shall be held in the same manner as now provided for an
election on the school district tax authorized in article XIX of the
Constitution of Alabama; and be it further provided that the funds
arising from the special school tax levied in any district which votes
the same independently of the county shall be expended for the exclusive
benefit of the district as the law may direct.
AMENDMENT 87 RATIFIED
Bond Issue for Acquiring, etc., Public Roads, Highways and Bridges
in Conjunction With United States.
The state is authorized to appropriate funds, and to sell and issue
interest-bearing state bonds, in addition to those heretofore authorized
and sold, in an aggregate principal amount not exceeding $25,000,000 for
the purpose of aiding in the acquisition, construction, and improvement
of public roads, highways, and bridges in the state; provided, that the
proceeds derived from the sale of the bonds issued under the provisions
of this amendment may be used only for supplying the state's share of
the cost of acquiring, constructing, and improving public roads,
highways, and bridges in the state in conjunction with the United States
and toward the cost of which funds have heretofore been or may hereafter
be allocated to the state under the provisions of any law of the United
States now in effect or hereafter enacted. Bonds sold and issued under
the provisions of this amendment may be issued at such time or times and
in such denominations, numbers, and series, and shall mature at such
time or times, and shall have such terms and conditions, as may be
provided by law. Said bonds shall bear interest at a rate or rates not
greater than three per centum (3%) per annum, payable semiannually, and
shall be sold at not less than the face value thereof. Said bonds when
issued shall be direct general obligations of the state, and for the
prompt and faithful payment of the principal thereof and interest
thereon the full faith and credit of the state are hereby irrevocably
pledged. In addition thereto, there is hereby irrevocably pledged for
payment of the principal of and interest on said bonds, pro rata and
without priority of one bond over another, so much as may be necessary
for said purpose of the proceeds of the gasoline excise tax heretofore
pledged for payment of the public road and bridge bonds of the state of
Alabama provided for in the amendment to the Constitution of Alabama
known as article XXA [amendment No. 21] subject, however, to the prior
pledges of said tax for payment of any bonds heretofore issued pursuant
to law for which the said tax has heretofore been pledged.
AMENDMENT 88 RATIFIED
Appointments and Promotions in Civil Service.
A. Appointments and promotions in the civil service of this state
shall be made according to merit, fitness and efficiency, to be
determined, so far as practicable, by examination, which, so far as
practicable, shall be competitive under such laws as the legislature may
enact.
B. It shall be the duty of the legislature to maintain laws necessary
to implement, and to provide adequate financial support for, a positive
program of personnel management in the state service.
C. All state personnel laws now in effect that are not in conflict
with this article shall continue in effect until they are amended or
repealed as provided by law. Civil service status acquired by employees
under existing statutes shall not be affected by the provisions of this
article.
AMENDMENT 89 RATIFIED
Amendment of Sections 272, 273 and 276.
Sec. 272. Conformance with regulations of United States department of
defense and laws of United States; administration of military affairs by
military department and adjutant general.
The legislature, in providing for the organization, equipment, and
discipline of the state military forces, shall conform as nearly as
practicable to the regulations of the department of defense of the
United States, and the laws of the United States, governing the armed
forces of the United States. All affairs pertaining to the state
military forces shall be administered by a state military department,
which shall be headed by the adjutant general, and who shall be
responsible to the governor as commander-in-chief.
Sec. 273. Appointment, suspension, discharge, removal and retirement
of officers of state military forces; qualifications of personnel of
federally-recognized national guard.
Officers of the state military forces, including the adjutant
general, shall be appointed, and shall be subject to suspension,
discharge, removal, or compulsory retirement as such, solely on the
basis of military proficiency, character and service, as determined by
department of defense regulations and military usages sanctioned by the
military laws of the United States, anything in this Constitution to the
contrary notwithstanding. The qualifications of personnel of the
federally recognized national guard shall be as prescribed in pertinent
regulations and policies of the United States department of the defense.
Sec. 276. Appointment of adjutant general, general officers and
governor's staff.
The governor shall, with the advice and consent of the senate,
appoint the adjutant general and all general officers. The governor
shall appoint his own staff, as may be provided by law.
AMENDMENT 90 RATIFIED
Veteran's Poll Tax Exemption Amendment.
No person who honorably served in the military service of the United
States between January 1, 1917 and November 11, 1918, or between
September 16, 1940 and December 8, 1941, or at any time past, present or
future, when the United States was, is or shall be engaged in
hostilities, whether as a result of a declared war or not, with any
foreign state shall be required after the beginning of such service to
pay the poll tax specified in the Constitution of Alabama as a
prerequisite to the privilege of voting in Alabama; but, on the
contrary, every such person shall be exempt from the payment of all poll
taxes which have theretofore accrued and have not been paid or which may
thereafter accrue; provided, however, that if any such person is
discharged dishonorably from service the exemption herein provided is
forfeited, and such dishonorably discharged person, as a prerequisite to
the privilege of voting in Alabama thereafter, must pay the poll tax
specified in the Constitution of Alabama as if such person had never
been in service. The term "military service" as used herein includes
service in the United States army, the United States navy, the United
States air force, the marine corps, the coast guard, or any reserve or
auxiliary complement of any of said services. The judge of probate shall
issue a certificate of exemption to a person exempt from the payment of
poll tax by reason of this amendment under such rules and regulations as
may be prescribed by the governor. This amendment shall be
self-executing and retroactive; but the legislature is authorized to
enact laws designed to carry out the purpose of this amendment.
AMENDMENT 91 RATIFIED
Amendment of Section 181.
SECTION 181
Persons qualified to register as voters; persons registered under
1901 Constitution not required to reregister.
The following persons, and no others, who, if they are citizens of
the United States over the age of twenty-one years and have the
qualifications as to residence prescribed in section 178 of this
article, shall be qualified to register as electors provided they shall
not be disqualified under section 182 of this Constitution: those who
can read and write any article of the Constitution of the United States
in the English language which may be submitted to them by the board of
registrars, provided, however, that no persons shall be entitled to
register as electors except those who are of good character and who
embrace the duties and obligations of citizenship under the Constitution
of the United States and under the Constitution of the state of Alabama,
and provided, further, that in order to aid the members of the boards of
registrars, who are hereby constituted and declared to be judicial
officers, to judicially determine if applicants to register have the
qualifications hereinabove set out, each applicant shall be furnished by
the board of registrars a written questionnaire, which shall be uniform
in all cases with no discrimination as between applicants, the form and
contents of which questionnaire shall be prescribed by the supreme court
of Alabama and be filed by such court with the secretary of state of the
state of Alabama, which questionnaire shall be so worded that the
answers thereto will place before the boards of registrars information
necessary or proper to aid them to pass upon the qualification of each
applicant. Such questionnaire shall be answered in writing by the
applicant, in the presence of the board without assistance, and there
shall be incorporated in such answer an oath to support and defend the
Constitution of the United States and the Constitution of the state of
Alabama and a statement in such oath by the applicant disavowing belief
in or affiliation at any time with any group or party which advocated
the overthrow of the government of the United States or the state of
Alabama by unlawful means, which answers and oath shall be duly signed
and sworn to by the applicant before a member of the county board of
registrars. Such questionnaire and the written answers of the applicant
thereto shall be filed with the records of the respective boards of
registrars. The board may receive information respecting the applicant
and the truthfulness of any information furnished by him. Those persons
who have registered as electors under the Alabama Constitution of 1901
shall not be required to register again. Provided, further, that if
solely because of physical handicaps the applicant is unable to read or
write, then he shall be exempt from the above stated requirements which
he is unable to meet because of such physical handicap, and in such
cases a member of the board of registrars shall read to the applicant
the questionnaire and oaths herein provided for and the applicant's
answers thereto shall be written down by such board member, and the
applicant shall be registered as a voter if he meets all other
requirements herein set out.
AMENDMENT 92 RATIFIED
Increasing or Decreasing Salaries, etc., of State and County
Officers.
Any provisions of this Constitution or amendments thereto to the
contrary notwithstanding, neither the legislature, nor any county of the
state shall, by the imposition of new, different, and additional duties
or otherwise, increase, or authorize the increase of, the salary, fees
or other compensation of any officer of the state or of any county of
the state, who is elected or appointed for a fixed term, during the term
for which he is elected or appointed, regardless of whether such officer
may be removed at the pleasure of the authority electing or appointing
him or only upon impeachment; nor shall the legislature or any county of
the state in any manner or by any means decrease, or authorize the
decrease of, the salary, fees or other compensation of any such officer,
during the term for which he is elected or appointed; nor shall the
legislature or any county of the state increase or decrease, or
authorize the increase or decrease of, the salary, fees or other
compensation of any person filling an unexpired term in any such office
during the remainder of such term, either before or after the
appointment or election of such person to fill the unexpired term. As to
officers who are members of any court, board, commission, or similar
body whose terms do not run concurrently, any increase or decrease in
the salary, fees, or other compensation of the members of any such
court, board, commission, or similar body shall become effective as to
all such members thereof immediately after the expiration of the term or
terms of office of the member or members whose term or terms first
expire.
AMENDMENT 93 RATIFIED
Expenditure of Fees or Taxes Relating to Use, etc., of Vehicles and
to Fuels Used for Vehicles.
No moneys derived from any fees, excises, or license taxes, levied by
the state, relating to registration, operation, or use of vehicles upon
the public highways except a vehicle-use tax imposed in lieu of a sales
tax, and no moneys derived from any fee, excises, or license taxes,
levied by the state, relating to fuels used for propelling such vehicles
except pump taxes, shall be expended for other than cost of
administering such laws, statutory refunds and adjustments allowed
therein, cost of construction, reconstruction, maintenance and repair of
public highways and bridges, costs of highway rights-of-way, payment of
highway obligations, the cost of traffic regulation, and the expense of
enforcing state traffic and motor vehicle laws. The provisions of this
amendment shall not apply to any such fees, excises, or license taxes
now levied by the state for school purposes for the whole state or for
any county or city board of education therein.
AMENDMENT 94 RATIFIED
Economic Development of Municipalities in Fayette County.
Any provision of the Constitution or laws of the state of Alabama to
the contrary notwithstanding, any municipality in Fayette county, or any
one or more of them, shall have full and continuing power and authority,
after an election held in accordance herewith, to do any one or more of
the following:
1. To purchase, construct, lease, or otherwise acquire real property,
plants, buildings, factories, works, facilities, machinery and equipment
of any kind.
2. To lease, sell for cash or on credit, exchange, give and convey
any such property described in subdivision 1 above, to any person, firm,
association or corporation.
3. To promote local industrial, commercial or agricultural
development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or
company.
5. To lend its credit or to grant public moneys and things of value
in aid of, or to, any individual, firm, association, or corporation
whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds,
warrants (which may be payable from funds to be realized in future
years), notes or other obligations or evidences of indebtedness, to a
principal amount not exceeding fifty percent of the assessed value of
taxable property therein as determined for state taxation, in order to
secure funds for the purchase, construction, lease or acquisition of any
of the property described in subdivision 1 above or to be used in
furtherance of any of the other powers or authorities granted in this
amendment. Such obligations or evidences of indebtedness may (in
addition to any pledge or pledges authorized by subdivision 8 of this
amendment) be issued upon the full faith and credit of the municipality
or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now
authorized or permitted, a special tax or taxes of not exceeding two
percent on the value of all taxable property therein as determined for
state taxation, in the same manner as other county or municipal taxes
are levied and collected. Such tax may be upon all property in any
municipality in Fayette county or upon all property in any district the
boundaries of which the governing body of such municipality shall
describe and which it shall determine to be specially improved and
benefited by any proposed use or expenditure of the proceeds of such
tax.
8. To pledge to the payment of any bonds, warrants, notes or other
obligations or evidences of indebtedness the annual proceeds from any
such special tax or taxes and to obligate itself irrevocably to continue
to levy and collect such taxes annually until such obligations or
evidences of indebtedness are paid in full and to pledge thereto any
rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers,
managed and governed by such board or governing body and subject to such
limitations as the governing body of any municipality in Fayette county
may impose, by approving and filing a certificate to that effect in the
office of the judge of probate or the secretary of state, or their
respective successors in function, and to delegate to such public
authority or corporation and its board or governing body all powers and
authority conferred in this amendment upon any such municipality.
The recital in any bonds, warrants, notes or other obligations or
evidences of indebtedness that they were issued pursuant to this
amendment or that they were issued to provide funds to be used in
furtherance of any power or authority herein authorized or that any
special tax herein authorized has been pledged to the payment thereof
shall be conclusive; no purchaser or holder thereof need inquire
further; and the levy and collection of such tax shall continue until
the principal of and interest on such obligations or evidences of
indebtedness shall have been paid in full. The bonds, warrants, notes or
other obligations or evidences of indebtedness issued hereunder shall
not be considered an indebtedness of any municipality in Fayette county
for the purpose of determining the borrowing capacity of such
municipality under sections 224 and 225 of the Constitution; and the
taxes herein authorized shall be in addition to those provided for or
permitted in sections 215 and 216 of the Constitution and all amendments
thereto.
This amendment shall be self-executing; but the legislature shall
have the right and power by general, special or local act to adopt laws
supplemental to this amendment or in furtherance of the purposes and
objectives hereinabove set forth.
10. No municipality shall make any engagement or commitment or
undertake any project under the provisions hereof unless and until the
proposition has been approved by a majority of the qualified electors of
such municipality. The governing body of any municipality may provide
for holding such elections, but in no case shall an election be held
until notice of the election and of the proposition to be voted on has
been published for at least three successive weeks.
AMENDMENT 95 RATIFIED
Economic Development of Municipalities in Blount County.
Any provision of the Constitution or laws of the state of Alabama to
the contrary notwithstanding, any municipality in Blount county, or any
one or more of them, shall have full and continuing power and authority,
after an election held in accordance herewith, to do any one or more of
the following:
1. To purchase, construct, lease, or otherwise acquire real property,
plants, buildings, factories, works, facilities, machinery and equipment
of any kind.
2. To lease, sell for cash or on credit, exchange, or give and convey
any such property described in subdivision 1 above, to any person, firm,
association or corporation.
3. To promote local industrial, commercial or agricultural
development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or
company.
5. To lend its credit or to grant public moneys and things of value
in aid of, or to, any individual, firm, association, or corporation
whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds,
warrants (which may be payable from funds to be realized in future
years), notes or other obligations or evidences of indebtedness, to a
principal amount not exceeding fifty percent of the assessed value of
taxable property therein as determined for state taxation, in order to
secure funds for the purchase, construction, lease or acquisition of any
of the property described in subdivision 1 above or to be used in
furtherance of any of the other powers or authorities granted in this
amendment. Such obligations or evidences of indebtedness may (in
addition to any pledge or pledges authorized by subdivision 8 of this
amendment) be issued upon the full faith and credit of the municipality
or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now
authorized or permitted, a special tax or taxes of not exceeding two
percent on the value of all taxable property therein as determined for
state taxation, in the same manner as other county or municipal taxes
are levied and collected. Such tax may be upon all property in any
municipality in Blount county or upon all property in any district the
boundaries of which the governing body of such municipality shall
describe and which it shall determine to be specially improved and
benefited by any proposed use or expenditure of the proceeds of such
tax.
8. To pledge to the payment of any bonds, warrants, notes or other
obligations or evidences of indebtedness the annual proceeds from any
such special tax or taxes and to obligate itself irrevocably to continue
to levy and collect such taxes annually until such obligations or
evidences of indebtedness are paid in full and to pledge thereto any
rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers,
managed and governed by such board or governing body and subject to such
limitations as the governing body of any municipality in Blount county
may impose, by approving and filing a certificate to that effect in the
office of the judge of probate or the secretary of state, or their
respective successors in function, and to delegate to such public
authority or corporation and its board or governing body all powers and
authority conferred in this amendment upon any such municipality.
The recital in any bonds, warrants, notes or other obligations or
evidences of indebtedness that they were issued pursuant to this
amendment or that they were issued to provide funds to be used in
furtherance of any power or authority herein authorized or that any
special tax herein authorized has been pledged to the payment thereof
shall be conclusive; no purchaser or holder thereof need inquire
further; and the levy and collection of such tax shall continue until
the principal of and interest on such obligations or evidences of
indebtedness shall have been paid in full. The bonds, warrants, notes or
other obligations or evidences of indebtedness issued hereunder shall
not be considered an indebtedness of any municipality in Blount county
for the purpose of determining the borrowing capacity of such
municipality under sections 224 and 225 of the Constitution; and the
taxes herein authorized shall be in addition to those provided for or
permitted in sections 215 and 216 of the Constitution and all amendments
thereto.
This amendment shall be self-executing; but the legislature shall
have the right and power by general, special or local act to adopt laws
supplemental to this amendment or in furtherance of the purposes and
objectives hereinabove set forth.
10. No municipality shall make any engagement or commitment or
undertake any project under the provisions hereof unless and until the
proposition has been approved by a majority of the qualified electors of
such municipality. The governing body of any municipality may provide
for holding such elections, but in no case shall an election be held
until notice of the election and of the proposition to be voted on has
been published for at least three successive weeks.
AMENDMENT 96 RATIFIED
Amendment of Section 178.
SECTION 178
Residency, registration and poll tax requirements for electors.
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 two calendar years next
preceding. 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.
AMENDMENT 97 RATIFIED
Special Elections to Fill Vacancies in Either House of Legislature.
Whenever a vacancy occurs in either house of the legislature the
governor shall issue a writ of election to fill such vacancy for the
remainder of the term. However, if the secretary of state determines
that a legally qualified candidate for election to the vacancy is
unopposed when the last date for filing certificates of nomination has
passed, the election shall not be held. The secretary of state shall
issue a certificate of election to the candidate, the same as if an
election had been held, and the certificate shall be accepted by the
house in which the vacancy occurred as evidence of the unopposed
candidate's right to fill the position created by the vacancy. In the
event an election is held, all the costs and expenses incurred thereby
shall be paid out of any funds in the state treasury not otherwise
appropriated.
AMENDMENT 98 RATIFIED
Levy and Collection of Additional Property Taxes in Talladega
County.
In addition to all taxes now or hereafter authorized by the
Constitution and laws of Alabama, the governing body of Talladega county
is hereby authorized to levy and collect a special school tax not to
exceed three-tenths of one percent on the value of the taxable property
within the county, the proceeds of which shall be used exclusively for
public school purposes; and a special tax not to exceed two-tenths of
one percent on the value of the taxable property within the county, the
proceeds of which shall be used exclusively for the construction and
maintenance of county roads and bridges. The governing body of Talladega
county may fix the rates of the additional taxes authorized herein, at
its discretion, without submitting the question of levying such
additional taxes to a vote of the qualified electors of the county.
AMENDMENT 99 RATIFIED
Authorizing the Creation of Special School Districts, etc., in
Lawrence County.
The board of education of Lawrence county may designate one or more
school districts within said county (except that no part of the
territory embraced within the special school district established under
the provisions of the amendment of the Constitution proposed by Act No.
473 of the regular session of the legislature of Alabama of 1949 [Acts
1949, p. 690] shall be included in any such special school district) and
may sell the issue bonds in an amount not exceeding one hundred fifty
thousand dollars ($150,000) for each such special school district for
the construction, improving, adding to, or equipping of a school
building, or buildings, within said district. To pay the principal of
and interest on said bonds and any redemption premium thereon, Lawrence
county may levy and collect an annual tax on all taxable property
situated within the special school district with respect to which such
bonds may be issued, at a rate not in excess of five mills on each
dollar's worth of said property as assessed for state taxation for the
preceding tax year; provided, that whenever said tax has produced an
amount sufficient to pay the principal of and interest on said bonds the
tax shall not be thereafter levied and any surplus remaining there from
shall be used for general school purposes in said school district. The
bonds and tax herein authorized shall be in addition to those heretofore
authorized, and no such bonds shall be issued, no such tax shall be
levied, until the estimated cost of constructing, improving, adding to,
or equipping the school building or buildings to be built in such
district, its estimated time of completion, the maximum principal amount
of the bonds proposed to be issued, the maximum rate of interest to be
paid thereon, and the period over which the bonds to be issued will be
retired, shall have been determined and made public by the board of
education of said county, and the proposed issuance of bonds and
increase in the rate of taxation shall have been authorized by a
majority of the qualified electors of such special school district
voting upon such proposal at an election to be called by the county
governing body for said purpose, said election to be held not less than
sixty days after the adoption of this amendment, but at anytime
thereafter at the discretion of the said county governing body. The
election provided herein shall be called, held, conducted and canvassed,
and may be contested, as in the case of three mill school tax elections
held pursuant to article 7, chapter 10, Title 52 of the Code of Alabama
of 1940. Any bonds issued pursuant to this amendment shall be payable
solely out of the proceeds of said tax which may be pledged therefore,
but said bonds shall constitute negotiable instruments although payable
from a limited source, and said bonds shall be eligible for the
investment of trust funds. This amendment shall be self-executing.
AMENDMENT 100 RATIFIED
Extension of Debt Limit of Mobile County.
Notwithstanding any other provision of this Constitution, Mobile
county shall continue to have and possess all of the rights, powers and
authority granted to it by amendment XVIII [18] of this Constitution and
shall have and possess the power and authority to become indebted for
the construction or erection of public buildings, bridges and roads
within the limit prescribed by section 224 of this Constitution;
provided, however, that all debts incurred or bonds issued by Mobile
county under the provisions of amendments XVIII [18] and XXIX [29], and
this amendment, shall be in addition to the limit fixed by said section
224, and shall not be taken into account or considered in determining or
arriving at the debt limit of Mobile county under said section 224, and
provided further that the six and one-half percent (6 1/2 %) limitation
in amendment XVIII [18] aforesaid shall be construed to refer not to the
total amount of bonds issued under authority of the amendment, but to
the total amount of bonds so issued which may be outstanding at any one
time. And provided further, that Mobile county may become indebted,
issue bonds and levy the tax as authorized by and within the limits of
amendment XVIII [18] aforesaid to pay all or part of the cost of the
construction or improvement of concrete or better than concrete surfaced
public roads, streets and bridges in Mobile county, including those
within or partly within any municipality, and also for the purpose of
constructing, improving and equipping school buildings in an amount not
to exceed $1,000,000 and in an amount not to exceed $4,000,000 to
construct and equip a building or buildings to be used for a courthouse
and jail, including the acquisition of sites therefore; however, in
submitting the question of issuing school bonds and courthouse and jail
bonds hereunder, the county governing body shall submit the issuance of
bonds for such purposes as a single proposition. Courthouse, jail and
school bonds authorized hereby shall be issued in the manner provided in
chapter 7 of Title 12 of the Code of Alabama of 1940 as heretofore or
hereafter amended.
Bonds issued hereunder, together with bonds now or hereafter
outstanding under authority of amendment XVIII [18], together with
redemption premiums thereon, shall be payable from any funds heretofore
and hereafter derived from the proceeds of the tax at such rate or rates
not exceeding one-half of one per centum of the assessed value of the
property situated in the county which may from time to time be levied or
which has been levied, under said amendment XVIII [18]. The county
governing body may agree in the proceedings authorizing the issue of
school bonds and courthouse and jail bonds hereunder that it will, if
and to the extent necessary to prevent default in the payment of
principal or interest on such bonds, use for the payment of such
principal or interest, or both, as a prior lien thereon so much of the
proceeds of the tax of 2 1/2 mills authorized by section 215 of the
Constitution as may be necessary. Further, after 30 days from the first
publication in said county of the resolution authorizing and fixing the
details of any bonds authorized to be issued hereunder, such bonds and
the sources of payment provided therefore in such resolution shall be
incontestable in any court in this state.
AMENDMENT 101 RATIFIED
Special Property Tax for Public School Buildings in Marshall County.
In addition to all taxes now or hereafter authorized by the
Constitution and laws of Alabama a special tax or taxes not to exceed
five mills on each dollar's worth of taxable property in Marshall county
is hereby authorized, the proceeds of which shall be used exclusively
for erecting, constructing, remodeling, renovating, repairing,
furnishing and equipping public school buildings in Marshall county;
provided that any tax and the purpose thereof shall have first been
submitted to the vote of the qualified electors of the county and voted
for by a majority of those electors participating in the election. The
election shall be called, held, conducted and governed by the applicable
provisions of Code of Alabama (1940), Title 52, chapter 10, article 7,
which governs elections on special school taxes and the tax hereby
authorized shall be levied and collected as other special school taxes
are levied and collected. If the proposal to levy the tax is defeated in
an election it may not be again submitted to a vote for one year, but
after the expiration of one year, and at intervals of one year
thereafter, such question may be resubmitted to the qualified electors.
Should a tax of less than five mills on each dollar's worth of taxable
property be approved at an election thereon then at the expiration of
one year from the date of the election at which such tax was approved,
and at intervals of one year thereafter, the question of levying an
additional tax for such purposes may again be submitted to a vote of the
qualified electors of the county until the total of all taxes levied
pursuant to the authority hereby conferred is five mills.
After any tax levied pursuant to authority hereby conferred shall
have been collected for five years the court of county commissioners,
board of revenue or other county governing body, upon receipt of a
petition, signed by not less than twenty percent of the qualified
electors of the county must call an election at which the question of
repeal of the tax upon payment of all obligations then outstanding shall
be submitted to the qualified electors of the county. Should a majority
of the voters participating at this election vote for the repeal of the
tax it shall cease as soon as the outstanding pledges against it have
been paid in full. Should a majority of the electors participating in
the election vote against repeal the question of repeal may not again be
submitted to a vote for one year, but after the expiration of one year,
and at intervals of one year thereafter, upon receipt of a petition
signed by twenty percent of the qualified electors of the county, the
county governing body may order the question of repeal of the tax
resubmitted to the qualified electors of the county.
The elections provided for herein shall be called, held, conducted,
paid for, and governed otherwise in the manner provided by Code of
Alabama (1940), Title 52, chapter 10, article 7, for an election on the
special county school tax authorized in amendment III [3] to the
Constitution of Alabama. The collection of the tax shall also be
governed by the applicable provisions of the Code of Alabama (1940),
Title 52, chapter 10, article 7, and the proceeds shall be used
exclusively for the purposes authorized at the election approving the
levy.
AMENDMENT 102 RATIFIED
Special Ad Valorem Tax for School Purposes on Real and Tangible
Personal Property within Chambers County.
In addition to all other taxes now or hereafter authorized by law,
the governing body of Chambers county shall have the power to levy and
collect, for a period of not exceeding twelve years, a special ad
valorem tax on real and tangible personal property only, situated within
said county, at a rate not exceeding five mills on each dollar's worth
of said real and tangible personal property, as assessed for state
taxation for the preceding tax year, the proceeds of said tax to be used
solely for acquiring, constructing and equipping public school buildings
within said county, including public school buildings for any city
school system therein; provided, however, that the special ad valorem
tax authorized herein shall be levied only in the event that no other
additional ad valorem tax is authorized to be levied by a constitutional
amendment submitted at the 1953 regular session of the legislature; and
provided further, that before said special ad valorem tax shall be
levied, the question as to whether said tax shall be levied shall have
first been submitted to a vote of the qualified electors of said county
at an election to be called by the governing body of said county, and
shall have been voted for by a majority of said qualified electors
voting at said election. The election provided for herein shall be
called, held, conducted and canvassed, and may be contested in the same
manner as provided by law for the calling, holding, conducting and
canvassing of county bond elections. Upon the expiration of any tax
authorized pursuant to this amendment, no further tax shall be
authorized hereunder.
In the event the said special ad valorem tax shall be authorized by a
majority of the qualified electors voting on said question at said
election, the governing body of said county shall thereupon be
authorized to sell and issue its tax anticipation bonds for the purposes
for which said tax was authorized, which bonds shall be in such amount
as the governing body of said county shall designate, and shall be
subject to the provisions of the general laws pertaining to the issuance
of county bonds except that no further election shall be required
therefore. The revenue derived from the sale of said bonds shall be
expended by the Chambers county board of education for the purposes
stated herein. Any bonds issued pursuant to this amendment shall be
payable solely out of the proceeds of the said special ad valorem tax
hereby authorized, which shall be pledged therefore, and after the
issuance of said bonds, the proceeds of said tax remaining after payment
of the cost of assessment and collection shall be used only for payment
of the principal of and interest on said bonds, the creation and
maintenance of a reserve therefore, and the redemption thereof. Said
bonds shall constitute negotiable instruments although payable from a
limited source and shall be eligible for the investment of trust funds.
The said bonds shall not constitute general obligations of the said
county and shall be in addition to all other bonds which said county has
heretofore issued or is authorized to issue under the Constitution and
laws of Alabama.
AMENDMENT 103 RATIFIED
Costs and Charges of Courts and the Offices, Terms, and Compensation
of Officers of Chambers County.
The legislature may from time to time by general or local laws
applicable to or operative in Chambers county fix, alter, and regulate
the costs and charges of court, and the fees, commissions, percentages,
allowances, or salary of, any officer of Chambers county; may provide
the method and basis of compensation of such officers; may fix the terms
of office of such officers; and may consolidate any of the offices held
by such officers. When any such officer is compensated on a salary basis
the legislature may provide for the distribution of the fees,
commissions, percentages, and allowances collectible by him, and the
funds from which the salary of the officer shall be paid, any other
provision of this Constitution to the contrary notwithstanding.
AMENDMENT 104 RATIFIED
Economic Development of Municipalities of Haleyville and Double
Springs.
Any provision of the Constitution or laws of the state of Alabama to
the contrary notwithstanding, the municipalities of Haleyville and
Double Springs in Winston county shall have full and continuing power
and authority, after an election held in accordance herewith, to do any
one or more of the following:
1. To purchase, construct, lease, or otherwise acquire real property,
plants, buildings, factories, works, facilities, machinery and equipment
of any kind.
2. To lease, sell for cash or on credit, exchange, or give and convey
any such property described in subdivision 1 above, to any person, firm,
association or corporation.
3. To promote local industrial, commercial or agricultural
development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or
company.
5. To lend its credit or to grant public moneys and things of value
in aid of, or to, any individual, firm, association, or corporation
whatsoever.
6. To become indebted and to issue and sell interest bearing bonds,
warrants (which may be payable from funds to be realized in future
years), notes or other obligations or evidences of indebtedness, to a
principal amount not exceeding fifty percent of the assessed value of
taxable property therein as determined for state taxation, in order to
secure funds for the purchase, construction, lease or acquisition of any
of the property described in subdivision 1 above or to be used in
furtherance of any of the other powers or authorities granted in this
amendment. Such obligations or evidences of indebtedness may (in
addition to any pledge or pledges authorized by subdivision 8 of this
amendment) be issued upon the full faith and credit of the
municipalities of Haleyville and Double Springs, or may be limited as to
the source of their payment.
7. To levy and collect annually, in addition to all other taxes now
authorized or permitted, a special tax or taxes of not exceeding two
percent on the value of all taxable property therein as determined for
state taxation, in the same manner as other county or municipal taxes
are levied and collected. Such tax may be upon all property in the
municipalities of Haleyville and Double Springs, or upon all property in
any district the boundaries of which the governing body of such
municipality shall describe and which it shall determine to be specially
improved and benefited by any proposed use or expenditure of the
proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other
obligations or evidences of indebtedness the annual proceeds from any
such special tax or taxes and to obligate itself irrevocably to continue
to levy and collect such taxes annually until such obligations or
evidences of indebtedness are paid in full and to pledge thereto any
rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers,
managed and governed by such board or governing body, and subject to
such limitations as the governing bodies of the municipalities of
Haleyville or Double Springs may impose, by approving and filing a
certificate to that effect in the office of the judge of probate or the
secretary of state, or their respective successors in function, and to
delegate to such public authority or corporation and its board or
governing body all powers and authority conferred in this amendment upon
the municipalities.
The recital in any bonds, warrants, notes or other obligations or
evidences of indebtedness that they were issued pursuant to this
amendment or that they were issued to provide funds to be used in
furtherance, of any power or authority herein authorized or that any
special tax herein authorized has been pledged to the payment thereof
shall be conclusive; no purchaser or holder thereof need inquire
further; and the levy and collection of such tax shall continue until
the principal of and interest on such obligations or evidences of
indebtedness shall have been paid in full. The bonds, warrants, notes or
other obligations or evidences of indebtedness issued hereunder shall
not be considered an indebtedness of the municipalities of Haleyville
and Double Springs for the purpose of determining the borrowing capacity
of the county under section 225 of the Constitution; and the taxes
herein authorized shall be in addition to those provided for or
permitted in section 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature shall
have the right and power by general, special or local act to adopt laws
supplemental to this amendment or in furtherance of the purposes and
objectives hereinabove set forth.
10. The municipalities of Haleyville and Double Springs shall not
make any engagement or commitment or undertake any project under the
provisions hereof unless and until the proposition has been approved by
a majority of the qualified electors of the respective municipality. The
governing body of each of the two municipalities may provide for holding
such elections, but in no case shall an election be held until notice of
the election and of the proposition to be voted on has been published
for at least three successive weeks.
AMENDMENT 105 R |
