USA > Alabama > Alabama history > Part 22
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29
24. That all navigable waters shall remain forever public high- ways, free to the citizens of the State and the United States, with- out 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 erceted on the shores, or in or over the waters, of any navigable stream, unless the same be expressly authorized by law.
25. That the citizens have a right, in a peaceable manner, to assemble together for the common good and to apply to those invested with the power of government for redress or grievances or other purposes, by petition, address or remonstrance.
26. That every citizen has a right to bear arms in defense of himself and the State.
27. That no standing army shall be kept up without the consent of the Legislature, and, in that case, no appropriation for its support shall be made for a longer term than one year; and the military shall, in all cases, and at all times, be in strict subordina- tion to the civil power.
28. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law.
29. That no title of nobility or hereditary distinction, privilege, honor or emolument shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior.
30. That immigration shall be encouraged; emigration shall not be prohibited, and no citizen shall be exiled.
31. The temporary absence from the State shall not cause a forfeiture of residence once obtained.
32. That no form of slavery shall exist in this State; and there shall not be any involuntary serviture, otherwise than for the punishment of crime, of which the party shall have been duly convicted.
33. The privilege of suffrage shall be protected by laws regu- lating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult or other improper conduct.
34. Foreigners who are, or may hereafter become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property as native- born citizens.
35. That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty and prop- erty, and when the government assumes other functions, it is usurpation and oppression.
36. That this enumeration of certain rights shall not impair or (leny others retained by the people; and, to guard against any
.
367
ยท CONSTITUTION
encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.
ARTICLE II
State and County Boundaries
37. The boundaries of this State are established and declared to be as follows, that is to say: Beginning at the point where the thirty-first degree 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 origi- nally formed; thence 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 con- tract or agreement with other States or otherwise, although such land and territory are not included within the boundaries here- inbefore designated.
38. The boundaries of the several counties of this State, as they now exist, are hereby ratified and confirmed.
39. The Legislature may by vote of two-thirds of each House thereof arrange and designate boundaries for the several countles 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 coun- ties each, to separate representation; provided, that out of the counties of Henry, Dale and Geneva a new county of less than six hundred square miles may be formed under the provisions of this article, so as to leave said counties of Henry, Dale and Geneva with not less than five hundred square miles each.
40. No county line shall be altered or changed, or in the event of the creation of new counties shall be established, so as to run within seven miles of the county court house of any old county.
41. No court house or county site shall be removed except by a majority vote of the qualified electors of said county, voting at an election held for such purpose, and when an election has once been held no other election shall be held for such purpose until the expiration of four years; provided, that the county site of
368
ALABAMA HISTORY
Shelby county shall remain at Columbiana, unless removed, by a vote of the people, as provided for in an act entitled, "An Act to provide for the permanent location of the county site of Shelby county, Alabama, by a vote of the qualified electors of said county," approved the 9th day of February, 1899, and the act . amendatory thereof, approved the 20th day of February, 1899, or by an election held under the provisions of this article.
ARTICLE III Distribution of Powers of Government
42. The powers of the government of the State of Alabama shall be divided into three distinet 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.
43. In the government of this State, except in the instances in this Constitution hereinafter expressly directed or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exer- cise the legislative and judicial powers, or either of them; the judicial shall never exereise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.
ARTICLE IV Legislative Department
44. The legislative power of this State shall be vested in a Legislature, which shall consist of a Senate and a House of Representatives.
45. The style of the laws of this State shall be: "Be it enacted by the Legislature of Alabama," which need not be repeated, but . the act shall be divided into sections for convenience, according to substance, and the sections designated merely by figures. Each law shall contain but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes; and no law shall be revived, amended or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred, shall be reenacted and published at length.
46. Senators and Representatives shall be elected by the qualified electors on the first Tuesday after the first Monday in November, unless the Legislature shall change the time of holding elections, and in every fourth year thereafter. The terms of office of the Senators and Representatives shall commence on the day after the general election at which they are elected, and expire on the day after the general election held in the fourth year after their' election, except as otherwise provided in this Constitution. At the general election In the year nineteen hundred and two all the Representatives, together with the Senators for the even numbered districts and for the Thirty-fifth district, shall be elected. The
369
CONSTITUTION
terms of those Senators who represent the odd numbered districts under the law in foree prior to the ratification of this Constitu- tion, are hereby extended until the day after the general election in the year nineteen hundred and six; and until the expiration of his terms as hereinbefore extended, each such Senator shall rep- resent 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 there- after, all the Senators and Representatives shall be elected. Whenever a vacancy shall occur in cither House the Governor shall issue a writ of election to fill such vacancy for the remainder of the term.
47. Senators shall be at least twenty-five years of age, and Representatives twenty-one years of age at the time of their election. They shall have been citizens and residents of this State for three years and residents of their respective counties or districts for one year next before their election, if such county or district shall have been so long established; but if not, then of the county or district from which the same shall have been taken; and they shall reside in their respective counties or districts during their terms of office.
48. The Legislature shall meet quadrennially at the Capitol, in the Senate chamber, and in the Hall of the House of Repre- sentatives, 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 sit- ting of the respective Houses, or either of them, as necessity may require.
49. The pay of the members of the Legislature shall be four dollars per day, and ten cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled.
50. The Legislature shall consist of not more than thirty-five Senators, and not more than one hundred and five members of the House of Representatives, to be apportioned among the several districts and counties as prescribed in this Constitution; provided that in addition to the above number of Representatives, each new county hereafter created shall be entitled to one Representative.
51. The Senate, at the beginning of each regular session and at such other times as may be necessary, shall elect one of its mem- bers president pro tem thereof to preside over its deliberations in the absence of the Lieutenant-Governor; and the House of Repre- sentatives, at beginning of each regular session, and at such other
: 1
370
ALABAMA HISTORY
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 qualification's of its members.
52. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day and compel the attendance of absent members, in such manner and under such penalties as each House may provide.
53. Each House shall have power to determine the rules of its proceedings and to punish its members and other persons, for contempt or disorderly behavior in its presence; to enforce obe- dience to its processes; to protect its members against violence, or offers of bribes or corrupt solicitation; and with the concur- rence of two-thirds of the House, to expel a member, but not a second time for the same offense; and the two houses shall have all the powers necessary for the Legislature of a free State.
54. A member of the Legislature, expelled for corruption, shall not thereafter be eligible to either Ilouse, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense.
55. Each House shall keep a Journal of its proceedings and cause the same to be published immediately after its adjourn- ment, excepting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either House on any question shall, at the request of one-tenth of the members present, be entered on the Journal. Any member of either House shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public, or to an individual, and have the reason for his dissent entered on the Journal.
56. Members of the Legislature shall, in all cases, except treason, felony, violation of their oath of office, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
57. The doors of each House shall be opened except on such occasions as, in the opinion of the House, may require secrecy; but no person shall be admitted to the floor of either House while the same is in session, except members of the Legislature, officers and employees of the two Houses, the Governor and his secretary, representatives of the press, and other persons to whom either House, by unanimous vote, may extend the privileges of its floor.
371
CONSTITUTION
58. Neither House shall, without consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting, except as otherwise provided in this Constitution.
59. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people.
60. No person convicted of embezzlement of the public money, bribery, perjury, or other infamous crime, shall be eligible to the Legislature, or capable of holding any office of trust or profit in this State.
61. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either House as to change its original purpose.
62. No bill shall become a law until it shall have been referred to a standing committee of each House, acted upon by such com- mittee in session, and returned therefrom, which facts shall affirmatively appear upon the Journal of each House.
63. Every bill shall be read on three different days in each House, and no bill shall become a law, unless on its final passage it be read at length, and the vote 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.
64. No amendment to bills shall be adopted except by a majority of the House wherein the same is offered, nor unless the amend- ment with the names of those voting for and against the same shall be entered at length on the Journal of the House in which the same is adopted, and no amendment to bills by one House shall be concurred in by the other, unless a vote be taken by yeas and nays, and the names of the members voting for and against the same be recorded at length on the Journal; and no report of a committee of conference shall be adopted in either House, except upon a vote taken by yeas and nays, and entered on the Journal, as herein provided for the adoption of amendments.
65. The Legislature shall have no power to authorize lotteries or gift enterprises for any purposes, and shall pass laws to pro- hibit the sale in this State of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery; and all acts. or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided.
66. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, after the same shall have been publicly 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
372
ALABAMA HISTORY
vote of a quorum present, which fact shall also be entered on the Journal.
67. The Legislature shall prescribe by law the number, duties and compensation of the officers and employes of each House, and no payment shall be made from the State Treasury or be in any way authorized to any person except to an acting officer or employe elected or appointed in pursuance of law.
68. The Legislature shall have no power to grant or to authorize or require any county or municipal authority to grant, nor shall any county or municipal authority have power to grant any extra compensation, fee or allowance to any public officer, servant or employe, 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, trans- ferring or guarding prisoners.
69. All stationery, printing, paper and fuel used in the legis- lative 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.
70. All bills for raising revenue shall originate in the House of Representatives. The Governor, Auditor and Attorney General shall, before each regular session of the Legislature, prepare a general revenue bill to be submitted to the Legislature, for its information, and the Secretary of State shall have printed for the use of the Legislature a sufficient number of copies of the bill so prepared which the Governor shall transmit to the House of Rep- resentatives as soon as organized, to be used or dealt with as that House may elect. The Senate may propose amendments to reve- nue bills. No revenue bill shall be passed during the last five days of the session.
71. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the Executive, Legis- lative and Judicial departments of the State, for interest on the public debt, and for the public schools. The salary of no officer or employe shall be increased in such bill, nor shall any appro- priation be made therein for any officer or employe unless his employment and the amount of his salary have already been
373
CONSTITUTION
provided for by law. All other appropriations shall be made by separate bills, each embracing but one subject.
72. No money shall be paid out of the Treasury except upon appropriations made by law, and to warrant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and expenditures of all publie moneys shall be pub- lished annually, in such manner as may be by law directed.
73. No appropriation shall be made to any charitable or educa- tional institution not under the absolute control of the State, other than normal schools established by law for the professional training of teachers for the public schools of the State, except by a vote of two-thirds of all the members elected to each House.
74. No aet of the Legislature shall authorize the investment of any trust fund by executors, administrators, guardians of other trustees in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments heretofore made.
75. The power to change the venue in civil and criminal causes is vested in the courts, to be exercised in such manner as shall be provided by law.
76. When the Legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session, except by a vote of two-thirds of each House. Special sessions shall be limited to thirty days.
77. No State office shall be continued or created for the inspection or measuring of any merchandise, manufacture or commodity, but any county or municipality may appoint such officers when authorized by law.
78. 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.
79. A member of the Legislature who shall solicit, demand or receive, or consent to receive, directly or indirectly for himself or for another, from any company, corporation, association or persons, 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.
374
ALABAMA HISTORY
80. Any person who shall, directly or indirectly, offer, give' or promise any money, or thing of value, testimonial, privilege or personal advantage, to any executive or judicial officer or member of the Legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as may be provided by law.
81. The offense of corrupt solicitation of members of the Legis- lature or of public officers of this State, or of any municipal division thereof, and any occupation or practice of solicitation of such members or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment in the penitentiary; and the Legislature shall provide for the trial and punishment of the offenses enumerated in the two preceding sections, and shall require the judges to give the same specially in charge to the grand juries in all the counties of this State.
82. A member of the Legislature who has a personal or private interest in any measure or bill proposed or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.