USA > Alabama > Alabama history > Part 27
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227. Any person, firm, association or corporation, who may construct or operate any public utility along or across the pub- lie streets of any city, town or village, under any privilege or franchise permitting such construction or operation, shall be liable to abutting proprietors for the actual damage done to the abutting property on account of such construction or operation.
228. No city or town having a population of more than six thousand shall have authority to grant to any person, firm, cor- poration or association the right to use its streets, avenues, alleys, or public places for the construction or operation of water works, gas works, telephone or telegraph line, electric light or power plants, steam or other heating plants, street railroads, or any other public utility, except railroads other than street railroads for a longer period than thirty years.
229. The Legislature shall pass no special act conferring cor- porate powers, but it shall pass general laws under which cor- porations may be organized and corporate powers obtained, sub- jeet, nevertheless, to repeal at the will of the Legislature; and shall pass general laws under which charters may be altered or amended. The Legislature shall, by general law, provide for the payment to the State of Alabama of a franchise tax by cor- porations organized under the laws of this State, which shall be in proportion to the amount of capital stock; but strictly benevolent, educational or religions corporations shall not be required to pay such a tax. The charter of any corporation shall be subject to amendment, alteration or repeal under general laws.
230. All existing charters, under which a bona fide organiza- tion shall not have taken place and business commenced in good faith within twelve months from the time of the ratification of this Constitution, shall thereafter have no validity.
231. The Legislature shall not remit the forfeiture of the char- ter of any corporation now existing or alter or amend the same, nor pass any general or special law for the benefit of such corporation, other than in execution of a trust created by law or by contract, except upon condition that such corporation shall
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thereafter hold its charter subject to the provisions of this Con- stitution.
232. No foreign corporation shall do any business in this State without having at least one known place of business and an authorized agent or agents therein, and without filing with the Secretary of State a certified copy of its articles of incorporation or association. Such corporation may be sued in any county where it does business, by serviee of process upon an agent anywhere in the State. The Legislature shall, by general law, provide for the payment to the State of Alabama of a franchise tax by such cor- poration, but such franchise tax shall be based on the actual amount of capital employed in this State. Strictly benevolent, educational or religious corporations shall not be required to pay such a tax.
233. No corporation shall engage in any business other than that expressly authorized in its charter or articles of incorporation.
234. No corporation shall issue stock or bonds except for money, labor done, or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and bonded in- debtedness of corporations shall not be increased except in pursu- ance of general laws, nor without the consent of the persons hold- ing the larger amount in value of stock, first obtained at a meeting to be held after thirty days' notice, given in pursuance of law.
235. Municipal and other corporations and individuals invested with the privilege of taking property for public use, shall make just compensation, to be ascertained as may be provided by law, for the property taken, injured or destroyed by the construction or enlargement of its works, highways or improvements, which compensation shall be paid before such taking, injury or destrue- tion. The Legislature is hereby prohibited from denying the right of appeal from any preliminary assessment of damages against any such corporations or individuals made by viewers or otherwise, but such appeal shall not 'deprive those who have obtained the judgment of condemnation from a right of entry, provided the amount of damages assessed shall have been paid in the court in money, and a bond shall have been given in not less than double the amount of the damages assessed, with good and sufficient sureties, to pay such damages as the property owner may sustain; and the amount of damages in all cases of appeals shall on the demand of either party, be determined by a jury according to law.
236. Dues from private corporations shall be secured by such means as may be prescribed by law; but in no case shall any stock- holder be individually liable otherwise than for the unpaid stock owned by him or her.
237. No corporation shall issue preferred stock without the con- sent of the owners of two-thirds of the stock of said corporation.
238. The Legislature shall have the power to alter, amend or revoke any charter of incorporation now existing and revocable at the ratification of this Constitution, or any that may be here- after created, whenever, in its opinion, such charter may be injų-
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rious to the citizens of this State, in such manner, however, that no injustice shall be done to the stockholders.
239. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and telephone within this State, and connect. the same with other lines; and the Legislature shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph or telephone company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph or telephone company owning a complete line, or acquire, by purchase or otherwise, any other com- peting line of telegraph or telephone.
240. All corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
241. The term "corporation," as used in this article, shall be construed to include all joint stock companies, and all associa- tions having any of the powers or privileges of corporations, not possessed by individuals or partnerships.
Railroads and Canaly
242. All railroads and canals not constructed and used exclu- sively for private purposes, shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railway between any points in this State, and connect at the State line, with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and each shall receive and transport the freight, passengers and cars, loaded or empty, of the others, without delay or discrimination.
243. The power and authority of regulating railroad freight and passenger tariff's, the locating and building of passenger and freight depots, correcting abuses, preventing unjust discrimination and extortion, and requiring reasonable and just fares of freight and passenger tariffs, are hereby conferred upon the Legislature, whose duty it shall be to pass laws from time to time regulating freight and passenger tariffs, to prohibit unjust discrimination on the various railroads, canals and rivers of the State, and to prohibit the charging of other than just and reasonable rates and enforce the same by adequate penalties.
244. No railroad or other transportation company or corporation shall grant free passes or sell tickets or passes at a discount, other than as sold to the public generally, to any member of the Legis- lature or to any officer exercising judicial functions under the laws of this State; and any such member or officer receiving such a pass or ticket for himself, or procuring the same for another, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding five hundred dollars, and at the discretion of the court trying the case, in addition to such fine, may imprison for a term not exceeding six months, and upon conviction, shall be subject to impeachinent and removal from office. The courts having juris-
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diction shall give this law specially in charge to the Grand Juries, and when the evidence is sufficient to authorize an indictment, the Grand Jury must present a true bill. The Circuit Court, or any court of like jurisdiction, in any county into or through which such member or officer is transported by the use of such prohibited pass or ticket, shall have jurisdiction of the case, provided only one prosecution shall be had for the same offense; and provided further, that the trial and judgment for one offense shall not bar a prose- cution for another offense when the same pass or ticket is used; and provided further, that nothing herein shall prevent a member of the Legislature who is a bona fide employee of a railroad or other transportation company or corporation at the time of his election, from accepting or procuring for himself or another, not a member of the Legislature, or officer exercising judicial functions, a free pass over the railroads or other transportation company or corporation by which he is employed.
245. No railroad company shall give or pay any rebate, or a bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suit- able penalties.
246. No railroad, canal or transportation company in existence at the time of the ratification of this Constitution, shall have the benefit of any future legislation by general or special laws other than in execution of a trust created by law or by contraet, except on the condition of complete acceptance of all the provisions of this article.
ARTICLE XIII Banks and Banking
247. The Legislature shall not have the power to establish or incorporate any bank or banking company or moneyed institution for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Consti- tution.
248. No bank shall be established otherwise than under a general banking law, nor other than upon a specic basis; provided, that any bank may be established with authority to issue bills to cir- culate as money in an amount equal to the face value of bonds of the United States, or of this State, convertible into specie at their face value, which shall, before such bank is authorized to issue bills for circulation, be deposited with the State Treasurer or other depository prescribed by law, in an amount e qual to the aggregate of such proposed issue, with power in such treasurer or depository to dispose of any or all of such bonds for a sufficient amount of specie to redeem the circulating notes of such bank at any time and without delay, should such bank suspend specie payment or fail to redeem its notes on demand.
249. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanc-
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tioning, directly or indircetly, the suspension by any bank or banking company of specie payment.
250. Holders of bank notes, and depositors who have not stipu- lated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to preference of payment over all other creditors; provided, this section shall apply to all banks whether incorporated or not.
251. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, unless the time be extended by law, and promptly thereafter close its business; but after it has closed its business it shall have corporate capacity to use and shall be liable to suits until its affairs and liabilities are fully closed.
252. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.
253. Neither the State nor any political subdivision thereof, shall be a stockholder in any bank, nor shall the credit of the State or any political subdivision thereof be given or lent to any banking company, association or corporation.
254. The Legislature shall by appropriate laws provide for the examination, by some public officer, of all banks and banking institutions and trust companies engaged in banking business in this State; and each of such banks and banking companies or insti- tutions shall, through its president, or such other officer as the Legislature may designate, make a report under oath of its re- sources and liabilities at least twice a year.
255. The provisions of this article shall apply to all banks except National banks, and to all trust companies and individuals doing a banking business, whether incorporated or not.
ARTICLE XIV Education
256. The Legislature shall establish, organize and maintain a liberal system of public school throughout the State for the benefit of the children thereof between the ages of seven and twenty-one years. The public school fund shall be apportioned to the several counties in proportion to the number of school children of school age thereln, and shall be so apportioned to the schools in the districts or township in the counties as to provide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race.
257. The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may hereafter be granted or entrusted to this State or given by the United States for educational purposes, shall be preserved inviolate and undiminished; and the income arising therefrom shall be faith- fully applied to the specific object of the original grants or appropriations.
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258. All lands or other property given by individuals, or appro- priated by the State for educational purposes, and all estates of deceased persons who die without leaving a will or heir shall be faithfully applied to the maintenance of the public schools.
259. All poll taxes collected in this State shall be applied to the support of the public schools in the respective counties where collected.
260. The income arising from the Sixteenth Seetion trust fund, the surplus revenue fund, until it is called for by the United States government, and the funds enumerated in Sections 257 and 258 of this Constitution, together with a special annual tax of thirty cents on each one hundred dollars of taxable property in this State, which the Legislature shall levy, shall be applied to the support and maintenance of the public schools, and it shall be the duty of the Legislature to increase the public school fund from time to time as the necessity therefor and the condition of the treasury and the resources of the State may justify; provided, that nothing herein contained shall be so construed as to authorize the Legislature to levy in any one year a greater rate of State taxation of all purposes including schools than sixty-five cents on each one hundred dollars worth of taxable property; and provided further, that nothing herein contained shall prevent the Legislature from first providing for the payment of the bonded indebtedness of the State and interest thereon out of all the revenues of the State.
261. Not more than four per cent. of all moneys raised or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such schools; provided, that the Legislature may, by a vote of two-thirds of each House, suspend the operation of this seetion.
262. The supervision of the publi schools shall be vested in a Superintendent of Education, whosy powers, duties and compen- sation shall be fixed by law.
263. No money raised for the support of the public schools shall be appropriated to or used for the support of any sectarian or denominational school.
264. The State University shall be under the management and control of a board of trustees, which shall consist of two members from the Congressional district in which the University is located, one from each of the other Congressional districts in the State, the Superintendent of Education, and the Governor, who shall be ex-officio president of the board. The members of the Board of Trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. Successors 10 those trustees whose terms expire in nineteen hundred and two shall hold office until nineteen hundred and seven; successors to those trustees whose terms expire in nineteen hundred and four shall hold office until nineteen hundred and eleven; successors to those trustees whose terms expire in nineteen hundred and six
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shall hold office until nineteen hundred and fifteen; and thereafter - their successors shall hold office for a term of twelve years. When the term of any member of such board shall expire, the remaining members of the board shall, by secret ballot, (leet his successor; provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the Senate, and, if confirmed, until the expiration of the term for which he was elected, and until his successor is elected. At every meet- ing of the Legislature the Superintendent of Education shall certify to the Senate the names of all who have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them, as it shall determine is for the best interest of the University. If it reject the name of any members, it shall thereupon eleet trustees in the stead of those rejected. In case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor, who shall hold office until the next session of the Legislature. No trustee shall receive any pay or emolument other than his actual expenses incurred in the dis- charge of his duties as such.
265. After the ratification of the Constitution there shall be paid out of the treasury of this State at the time and in the manner provided by law, the sum of not less than thirty-six thousand dollars per annum as interest on the funds of the University of Alabama, heretofore covered into the treasury for the maintenance and support of said institution; provided, that the Legislature shall have the power at any time they deem proper for the best interest of said University to abolish the military system at said institution or reduce the said system to a department of instruction, and that such action on the part of the Legislature shall not cause any diminution of the amount of the annual interest payable out of the treasury for the support and maintenance of said University.
266. The Alabama Polytechnic Institute, formerly called the Agricultural and Mechanical College, shall be under the manage- mient and control of a Board of Trustees, which shall consist of two members from the Congressional district in which the insti- tute is located, and one from each of the other Congressional districts in the State, the State Superintendent of Education and the Governor shall be ex-officio president of the board. The trustees shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold office for a term of twelve years, and until their successors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen quadriennially. Vacancies occurring in the office of trustees from death or resig- nation, and the vacancies regularly occurring in the year nineteen hundred and five, shall be filled by the Governor, and such appointce shall hold office until the next meeting of the Legislature. Sue- cessors to those trustees whose terms expire in nineteen hundred and three shalt hold office until nineteen hundred and eleven; successors to those whose terms expire in nineteen hundred and
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five shall hold office until nineteen hundred and fifteen; and suc- cessors to those whose terms expire in nineteen hundred and seven shall hold office until nineteen hundred and nineteen. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such.
267. The Legislature shall not have power to change the location of the State University, or the Alabama Polytechnic Institute, or the Alabama school for the Deaf and Blind, or the Alabama Girls' Industrial School, as now established by law, except upon a vote of two-thirds of the Legislature taken by yeas and nays and entered upon the Journals.
268. The Legislature shall provide for taking a school census by townships and districts throughout the State not oftener than once in two years, and shall provide for the punishment of all persons or officers making false or fraudulent enumerations and returns; provided, the State Superintendent of Education may order and supervise the taking of a new eensus in any township, distriet or county, whenever he may have reasonable cause to believe that false or fraudulent returns have been made.
269. The several counties in this State shall have power to levy and collect a special tax not exceeding ten cents on each one hun- dred dollars of taxable property in such counties, for the support of public schools; provided, that the rate of such tax, the time it is continued, and the purpose thereof, shall have been first sub- mitted to a vote of the qualified electors of the county, and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of tasation, State and county combined, in any one year, to more than one dollar and twenty-five cents on each one hundred dollars of taxable property; excluding, however, all special county taxes for public buildings, roads, bridges, and the payment of debt .. existing at the ratification of the Constitution of eighteen hundred and seventy- five. The funds arising from such 'special school tax shall be so apportioned and paid through the proper school officials to the several schools in the townships and districts in the county that the school terms of the respective schools shall be extended by such supplement as nearly the same length of time a practicable; provided, that this section shall not apply to the citic of Decatur, New Decatur and Cullman.
270. The provisions of this article and of any act of the Legis- lature passed in pursuance thereof to establish, organize and main- tain a system of public schools throughout the State, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes and to make reports to the Superintendent of Education as may be pre- scribed by law; and all special incomes and power: of taxation as now authorized by law for the benefit of public schools in said county shall remain undisturbed until otherwise provided by the Legislature; provided, that separate schools for each race sh: 11 always be maintained by said school authorities.
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ARTICLE XV
Militia
271. The Legislature shall have power to declare who shall constitute the militia of the State, and to provide for organizing, arming and disciplining the same; and the Legislature may provide for the organization of a State and Naval Militia.
272. The Legislature, in providing for the organization, equip- ment and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States.
273. Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be appointed by the Governor.
274. Volunteer organizations of infantry, cavalry, and artillery and naval militia may be formed in such manner and under such restrictions and with such privileges as may be provided by law.
275. The militia and volunteer forces shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at muster, parades and elections and in going to and returning from the, same.
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