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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
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