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83. In all elections by the Legislature the members shall vote viva voce, and the votes shall be entered on the Journal.
84. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitrators to be appointed by the parties who may choose that mode of adjustment.
85. It shall be the duty of the Legislature; at its first session after the ratification of this Constitution, and within every sub- sequent period of twelve years, to make provision by law for revising, digesting and promulgating the public statutes of this State, of a general nature, both civil and criminal.
86. The Legislature shall pass such penal laws as it may deem expedient to suppress the evil practice of dueling.
87. It shall be the duty of the Legislature to regulate by law the cases in 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.
88. It shall be the duty of the Legislature to require the several counties of the State to make adequate provision and maintenance of the poor.
89. The Legislature shall not have power to authorize any municipal corporation to pass any laws inconsistent with the general laws of this State.
90. In the event of the annexation of any foreign territory to this State, the Legislature shall enact laws extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of acquisition not incon- sistent with this Constitution. Should the State purchase such foreign territory, the Legislature, with the approval of the Gov- ernor, shall be authorized to expend any money in the Treasury not otherwise appropriated, and, if necessary, to provide also for
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the issuance of State bonds to pay for the purchase of such foreign territory.
91. The Legislature shall not tax the property, real or personal, of the State, counties or other municipal corporations, or ceme- teries; nor lots in incorporated cities or towns, or within one mile of any city or town to the extent of one acre, nor lots one mile or more distant from such cities or towns to the extent of five acres, with the buildings thereon, when same are used exclu- sively for religious worship, for schools, or for purposes purely charitable.
92. The Legislature shall by law prescribe such rules and regu- lations as may be necessary to ascertain the value of real and personal property exempted from sale under legal process by this Constitution, and to secure the same to the claimant thereof as selected.
93. The State shall not engage in works of internal improve- ment, nor lend money or its credit in aid of such; nor shall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation.
94. The Legislature shall not have power to authorize any county, city, town, or other subdivision of this State to lend its credit, or to grant publie money or thing of value in aid of, or to, any individual, association or corporation whatsoever, or to become a stockholder in any such corporation, association or company by issuing bonds or otherwise.
95. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State. After suit has been com- menced on any cause of action, the Legislature shall have no power to take away such cause of action, or destroy any existing defense to such suit.
96. The Legislature shall not enact any law not applicable to all the counties in the State, regulating costs and charges of courts, or fees, commissions or allowances of public officers.
97. The Legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death.
98. The Legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer.
99. The lands belonging to or under the control of the State shall never be donated directly or indirectly to private corpora- tions, 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; pro- vided, that nothing contained in this section shall prevent the Legislature from granting a right of way, not exceeding one hundred and twenty-five feet in width, as a mere easement, for railroads or telegraph or telephone lines across State lands, and the Legislature shall never dispose of the land covered by such right of way except subject to such easement,
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100. No obligation or liability of any person, association or corporation held or owned by this State, or by any county or other municipality thereof, shall ever be remitted, released or postponed, or in any way diminished, by the Legislature; nor shall such liability or obligation be extinguished except by pay- ment thereof; nor shall such liability, or obligation be exchanged or transferred except upon payment of its face value; provided, that this section shall not prevent the Legislature from providing by general law for the compromise of doubtful claims.
101. No State or county official shall, at any time during his term of office, accept, either directly or indirectly, any fee, money, office, appointment, employment, reward or thing of value, or of personal advantage, or the promise thereof, to lobby for or against any measure pending before the Legislature, or to give or withhold his influence to secure the passage or defeat of any such measure.
102. The Legislature shall never pass any law to anthorize or legalize any marriage between any white person and a negro, or a descendant of a negro.
103. The Legislature shall provide by law for the regulation, prohibition, or reasonable restraint of common carriers, part- nerships, associations, trusts, monopolies, and combinations of capital, so as to prevent them or any of them from making scarce articles of necessity, trade or commerce, or from increasing unreasonably the cost thereof to the consumer, or preventing reasonable competition in any calling, trade or business.
Local Legislation
104. The Legislature shall not pass a special, private or local law in any of the following cases:
(1.)-Granting a divorce;
(2.)-Relieving any minor of the disabilities of non-age;
(3.)-Changing the name of any corporation, association of individual;
(4.)-Providing for the adopting or legitimizing of any child;
(5.)-Incorporating a city, town or village;
(6.)-Granting a charter to any corporation, association or individual;
(7.)-Establishing rules of descent or distribution;
(8.)-Regulating the time within which a civil or criminal- action may be begun;
(9.)-Exempting any individual, private corporation or asso- ciation 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 venne 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
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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 instru- ment;
(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 Legisla- ture may without such election, pass special laws to refund bonds issued before the date of the ratification of this Constitution;
(18.)-Amending, confirming or extending the charter of any private municipal corporation, or remitting the forfeiture thereof; provided, this shall not prohibit the Legislature from altering or 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 fees of constables;
(22.)-Establishing separate school districts;
(23.)-Establishing separate stock districts;
(24.)-Creating, increasing or decreasing fees, percentages or allowances of publie 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 or under control of the State to any person or corporation;
(28.)-Remitting fines, penaltles or forfeitures;
(29.)-Providing for the conduct of elections or designating places of voting, or changing the boundaries of wards, precincts or districts, except in the event of the organization of new counties, or the changing of the lines of old counties;
(30.)-Restoring the right to vote to persons convicted of infamous crimes, or crimes involving moral turpitude;
(31.)-Declaring who shall be liners between precincts or between counties.
104. The Legislature shall pass general laws for the cases enumerated in this section, provided that nothing in this section or article shall affect the right of the Legislature to enact local laws regulating or prohibiting the liquor traffic; but no such local law shall be enacted unless notice shall have been given as required in Section 106 of this Constitution.
105. No special, private or local law, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this State; and the courts, and not the Legislature, shall judge as to whether the matter of said law is provided for by a general law, and as to whether the relief sought
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can be given by any court; nor shall the Legislature indirectly enact any such special, private or local law by the partial repeal of a general law.
106. No special, private or local law shall be passed on any subject not enumerated in Section 104 of this Constitution, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published, without cost to the State, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law and be published at least onee 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 con- secutive weeks at five different places in the county or counties prior to the introduction of the bill; and proof by affidavit that said notice has been given shall be exhibited to each House of the Legislature, and said proof spread upon the Journal. The courts shall pronounce void every special, private or local law which the Journals do not affirmatively show was passed in accordance with the provisions of this section.
107. The Legislature shall not, by, 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.
108. The operation of a general law shall not be suspended for the benefit of any individual, private corporation or association; nor shall any individual, private corporation or association be exempted from the operation of any general law except as in this article otherwise provided.
109. The Legislature shall pass general laws under which local and private interests shall be provided for and protected.
110. A general law within the meaning of this article is a law which 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.
111. No bill introduced as a general law in either House of the Legislature shall be so amended on its passage as to become a special, private or local law.
ARTICLE V Executive Department
112. The Executive department shall consist of a Governor, Lieutenant-Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, Commis- sioner of Agriculture and Industries, and a Sheriff for each county.
113. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled "The Governor of the State of Alabama,"
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114. The Governor, Lieutenant-Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, and Commissioner of Agriculture and Industries shall be elected by the qualified electors of the State at the same time and places appointed for the election of members of the Legisla- ture in the year nineteen hundred and two, and in every fourth year thereafter.
115. The returns of every election for Governor, Lieutenant- Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, and Commissioner of Agriculture and Industries shall be sealed up and transmitted by the returning officers to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session to which such returns shall be made, open and publish them in the presence of both Houses of the Legislature in joint convention; but the Speaker's duty and the duty of the joint convention shall be purely ministerial. The result of the election shall be ascertained and declared by the Speaker from the face of the returns without delay. The person having the highest number of votes for any one of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the Legislature by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieu- tenant-Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, and Commis- sioner of Agriculture and Industries shall be determined by both Houses of the Legislature in such manner as may be prescribed by law.
116. The Governor, Lieutenant-Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of . Education, and Commissioner of Agriculture and Industries, elected after the ratification of this Constitution, shall hold their respective offices for the term of four years from the first Monday after the second Tuesday in January next succeeding their elec- tion, 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.
117. The Governor and Lieutenant-Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years, and resident citizens of this State at least seven years next before the date of their election. The Lieutenant-Governor shall be ex-officio President of the Senate, but shall have no right to vote except in the event of a tie.
118. The Governor, Lieutenant-Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, and Commissioner of Agriculture and Industries shall
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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 continne in office, except during epidemies. 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 compen- sation shall be the same as that allowed the Governor.
119. If the Legislature, at the session next after the ratification of this Constitution, shall enaet a law increasing the salary of the Governor, such increase shall become effective and apply to the first Governor elected after the ratification of this Constitution, if the Legislature shall so determine.
120. The Governor shall take care that the laws be faithfully executed.
121. The Governor may require information in writing, under oath, from the officers of the executive department, named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices and institu- tions. Any such officer or manager who makes a wilfully false report, or fails without sufficient excuse to make the required report on demand, is guilty of an impeachable offense.
122. The Governor may, by proclamation, on extraordinary occa- sions, 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 concern- ing which the action of that body is deemed necessary.
123. The Governor shall, from time to time, give to the Legis- lature 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 Legisla- ture, and at the close of his term of office, he shall give infor- mation by written message of the condition of the State; and he shall account to the Legislature, as may be prescribed by law. for all moneys received and paid out by him or by his order; and at the commencement of each regular session he shall present to the Legislature estimates of the amount of money required to be raised by taxation for all purposes.
124. The Governor shall have power to remit fines and for- feitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commu- tations of sentence and pardons, except in cases of impeachment. The Attorney General, Secretary of State, and State Anditor shall constitute a Board of Pardons, who shall mne t on the call of the Governor, and before whoin shall be laid all recommendations or petitions, for pardon, commutation or parol, in cases of felony;
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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, parol or pardon, as to him seems best for the public interest. He shall commu- nieate to the Legislature at each session every remission of fines and forfeitures, and every reprieve, commutation, parol, or pardon, with his reasons therefor, and the opinion of the Board of Pardons in each case required to be referred, stating the name and erime of the conviet, the sentence, its date, and the date of reprieve, commutation, parol or pardon. Pardons in cases of felony and other offenses involving moral turpitude shall not relieve from civil and political disabilities, unless approved by the Board of Pardons and specifically expressed in the pardon.
125. Every bill which shall have passed both Houses of the 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 objee- tions 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, notwith- standing the Governor's veto. If the Governor's message pro- poses amendment, which would remove his objections, the House to which it is sent may so amend the bill and send it with the Governor's message to the other House, which may adopt, but cannot amend, said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor and acted on by him as other bills. If the House to which the bill is returned refuses to make such amendment, it shall proceed to reconsider 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 vouing 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 pre- sented, the same shall become a law in like manner as if he had signed it, unless the Legislature, by its adjourement, prevent
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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 Gov- ernor within five days before the final adjournment of the Legis- lature 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 Honses may be necessary, except on questions of adjournment and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor; and, before the same shall take effect, be approved by him; or, being disapproved, shall be repassed by both Houses according to the rules and limitations prescribed in the case of a bill.
126. The Governor shall have power to approve or disapprove any item or items of any appropriation bill embracing distinct items, and the part or 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.
127. In case of the Governor's removal from office, death or resignation, the Lieutenant-Governor shall become Governor. If both the Governor and Lieutenant-Governor be removed from office, die, or resign more than sixty days prior to the next general election at which any State officers are to be elected, a Governor and Lieutenant-Governor shall 1 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 Repro- sentatives, 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 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
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