USA > Alabama > Hand-book of Alabama. A complete index to the state, with map > Part 2
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HAND-BOOK OF ALABAMA.
SEC. 2. No person or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Repre- sentatives.
SEC. 2. The style of the laws of this State shall be: "Be it en- aeted by the General Assembly of Alabama." Each law shall contain but one subject, which shall be clearly expressed in its title, except gen- eral 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 con- ferred, shall be re-enacted and published at length.
SEC. 3. Senators and Representatives shall be elected by the qual- ified electors on the first Monday in August, 1876, and one-half of the Senators and all of the Representatives shall be elected every two years thereafter, unless the General Assembly shall change the time of hold- ing elections. The terms of the office of the Senators shall be four years, and that of the Representatives two years, commencing on the day after the general election, except as otherwise provided in this Constitution.
SEC. 4. Senators shall be at least twenty-seven years of age, and Representatives twenty-one years of age; they shall have been citizens and inhabitants of this State for three years, and inhabitants of their respective counties or districts 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 distriet from which the same shall have been taken; and they shall reside in their respective counties or districts during their terms of service.
SEC. 5. The General Assembly shall meet biennially at the Capitol, in the Senate Chamber and in the hall of the House of Representatives (except in eases of destruction of the Capitol, or epidemies, when the Governor may convene them at such place in the State as he may deem best)-on the day specified in this Constitution, 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 this Constitution, nor longer than fifty days at any subsequent session.
SEC. 6. The pay of the members of the General Assembly shall be four dollars per day, and ten cents per mile in going to and returning from the set of government, to be computed by the nearest usual route traveled.
SEC. 7. The General Assembly shall consist of not more than thirty-three Senators, and not more than one hundred members of the
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CONSTITUTION.
House of Representatives, to be apportioned among the several districts and counties as prescribed in this Constitution.
SEC. S. The Senate, at the beginning of each regular session, and at such other times as may be necessary, shall elect one of its members president thereof, and the House of Representatives, at the beginning of each regular session, shall elect one of its members as speaker; and the President of the Senate and the Speaker of the House of Repre- sentatives shall hold their offices respectively until their successors are elected and qualified. Each house shall choose its own officers, and shall judge of the election, returns and qualifications of its members.
SEC. 9. At the general election in the year 1876, Senators shall be elected in the even numbered distriets, two serve for two years, and in the odd numbered districts to serve for four years, so that hereafter one-half the Senators may be chosen biennially. Members of the House of Representatives shall be elected at the general election every second year. The time of service of Senators and Representatives shall begin on the day after their election, except the terms of those elected in 1876, which shall not begin until the term of the present members shall have expired. Whenever a vacaney shall occur in either house, the Governor for the time being shall issne a writ of election to fill such vacancy for the remainder of the term.
SEC. 10. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
SEC. 11. Each house shall have power to determine the rules of its proceedings, and punish its members or other persons for contempt or disorderly behavior in its presence, to enforce obedience to its process, to protect its members against violence, or offers of bribes or corrupt solicitation, and with the concurrence of two-thirds of either house to expel a meiaber, but not a second time for the same cause: and shall have all the powers necessary for the legislature of a free State.
SEC. 12. A member of either house 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.
SEC. 13. Each house shall keep a journal of its proceedings and cause the same to be published immediately after its adjournment, ex- cepting sueh 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 desire of one-tenth of the members present, be entered on the jour- nals. 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 publie or an individual, and have the reasons for his dissent entered on the journals.
SEC. 14. Members of the General Assembly 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 ses- sion of their respective houses, and in going to and returning from
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HAND-BOOK OF ALABAMA.
the same, and for any speech or debate in either house they shall not be questioned in any other place.
SEC. 15. The doors of each house shall be open, except on such occasions as in the opinion of the house may require secreey.
SEC. 16. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
SEC. 17. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created or the emolu- ments of which shall have been inereased during such term, except such offices as may be filled by election by the people.
SEC. 18. No person hereafter convicted of embezzlement of public money, bribery, perjury, or other infamous erime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this State.
SEC. 19. 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.
SEC. 20. No bill shall beeome a law until it shall have been re- ferred to a committee of each house and returned therefrom.
SEC. 21. 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 on the journals, and a majority of each house be recorded thereon as voting in its favor, except as otherwise provided in this Constitution.
SEC. 22. No amendment to bills by one house shall be concurred in by the other except by a vote of a majority thereof, taken by yeas and nays, and the names of those voting for and against recorded upon the journals; and reports of committees of conference shall in like manner be adopted in each house.
SEC. 23. No special or local law shall be enacted for the benefit of individuals or corporations in cases which are or can be provided for by a general law, or where the relief sought can be given by any court of this State. Nor shall the operation of any general law be suspended by the General Assembly for the benefit of any individual, corporation or association.
SEC. 24. No local or special law shall be passed on a subjeet which eannot be provided for by a general law, unless notice of the intention to apply therefor shall have been published in the locality where the matter or things to be affected may be situated, which notice shall be at least twenty days prior to the introduction into the General Assembly of such bill; the evidence of such notice having been given, shall be exhibited to the General Assembly before such bill shall be passed: Provided, That the provisions of this Constitution as to special or local laws shall not apply to public or educational institutions of or in this State, nor to industrial, mining, immigration or manufacturing
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CONSTITUTION.
corporations or interests, or corporations for constructing canals, or improving navigable rivers and harbors of this State.
SEC. 25. The General Assembly shall pass general laws, under which local and private interests shall be provided for and protected.
SEC. 26. The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and it shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any seheme in the nature of a lottery, in this State, and all acts or parts of aets heretofore passed by the General Assembly of this State, author- izing a lottery or lotteries, and all aets amendatory thereof or supple- mental thereto, are hereby avoided.
SEC. 27. 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 General Assembly, after the titles have been publicly read immediately before signing, and the fact of signing shall be entered on the journal.
SEC. 28. The General Assembly 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.
SEC. 29. No bill shall be passed giving any extra compensation to any public officer, servant or employe, agent or contractor, after the services shall have been rendered, or contract made; nor shall any officer of the State bind the State to the payment of any sum of money but by anthority of law.
SEC. 30. 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 and binding, and repairing and furnish- ing the halls and rooms used for the meetings of the General Assembly 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 contracts, and all such contracts shall be subject to the approval of the Governor, State Auditor and State Treasurer.
SEC. 31. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills.
SEC. 32. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the State, interest of the public debt, and for the public schools; all other appropriations shall be made by sepa- rate bills, each embracing but one subject.
SEC. 33. No money shall be paid out of the treasury except upon appropriation made by law, and on warrant drawn by the proper officer in pursuance thereof, and a regular statement and account of receipts
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HAND-BOOK OF ALABAMA.
and expenditures of all public moneys shall be published annually in such manner as may be by law directed.
SEC. 34. No appropriation shall be made to any charitable or edu- cational 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.
SEC. 35. No act of the General Assembly shall authorize the in- vestment of any trust fund by executors, administrators, guardians and other trustees, in the bonds or stock of any private corporation; and any such aets now existing are avoided, saving investments hereto- fore made.
SEC. 36. 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.
SEC. 37. When the General Assembly shall be convened in special session. there shall be ro legislation upon subjects other than those designated in the proclamation of the Governor calling such session.
SEC. 38. No State office shall be continued or created for the in- speetion or measuring of any merchandise, manufacture or commodity, but any county or municipality may appoint such officers, when author- ized by law.
SEC. 39. No act of the General Assembly changing the seat of gov- ernment 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.
SEC. 40. A member of the General Assembly who shall corruptly solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, 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 under- standing, 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 of his vote or official 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 Constitu- tion, and shall incur the disabilities provided thereby for such offense, and such additional punishment as is or shall be provided by law.
Suc. 41. Any person who shall, directly or indirectly, offer, give or promise any money or thing of value, testimonial, privilege or per- sonal advantage, to any executive or judicial officer, or member of the General Assembly, 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 shall be provided by law.
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CONSTITUTION.
SEC. 42. The offense of corrupt solicitation of members of the General Assembly, or of public officers of this State, or of any munici- pal division thereof, and any occupation or practice of solicitation of such member or officers, to influence their official action, shall be de- fined by law, and shall be punished by fine and imprisonment.
SEC. 43. A member of the General Assembly who has a personal or private interest in any measure or bill proposed or pending before the General Assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon.
SEC. 44. In all elections by the General Assembly, the members shall vote tira roce, and the votes shall be entered on the journals.
SEC. 45. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide differences by arbi- trators, to be appointed by the parties who may choose that mode of adjustment.
Sec. 46. It shall be the duty of the General Assembly, at its first session after the ratification of this Constitution, and within every sub- sequent period of ten years, to make provision by law for the revision, digesting and promulgation of the public statutes of this State of a general nature, both civil and criminal.
SEC. 47. The General Assembly shall pass such penal laws as they may deem expedient to suppress the evil practice of dueling.
SEC. 45. It shall be the duty of the General Assembly to regulate by law the cases in which deductions shall be made from the salaries of public officers for neglect of duty in their official capacities, and the amount of such deductions.
SEC. 49. It shall be the duty of the General Assembly to require the several counties of this State to make adequate provision for the maintenance of the poor.
SEC. 50. The General Assembly shall not have power to authorize any municipal corporation to pass any laws inconsistent with the gen- eral laws of this State.
SEC. 51. In the event of annexation of any foreign territory to this State, the General Assembly shall enaet laws extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition, anything in this Con- stitution to the contrary notwithstanding.
SEC. 52. The General Assembly shall not tax the property, real and personal, of the State, counties, or other municipal corporations, or cemeteries; nor lots in incorporated cities or towns, or within one mile of any city or town, to the extent of one aere, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable; nor such prop- erty, real or personal, to an extent not exceeding twenty-five thousand dollars in value, as may be used exclusively for agricultural or horti- cultural associations of a public character.
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HAND-BOOK OF ALABAMA.
SEC. 53. The General Assembly shall by law prescribe such rules and regulations as may be necessary to ascertain the value of personal and real property exempted from sale under legal process by this Con- stitution, and to secure the same to the claimant thereof as selected.
SEC. 54. 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 eredit to any individual, association or corporation.
SEC. 55. The General Assembly shall have no power to authorize any county, city, town, or other sub-division of this State, to lend its eredit, or to grant public money or thing of value in aid of or to any individual, association or corporation whatsoever, or to become a stock- holder in any such corporation, association or company, by issuing bonds, or otherwise.
SEc. 36. There can be no law of this State impairing the obliga- tion of contracts by destroying or impairing the remedy for their enforcement; and the General Assembly 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.
ARTICLE V.
EXECUTIVE DEPARTMENT.
SECTION 1. The Executive Department shall consist of a Governor, Secretary of State, State Treasurer, State Auditor, Attorney General and Superintendent of Education, and a Sheriff for each county.
SEC. 2. 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."
SEC. 3. The Governor, Secretary of State, State Treasurer, State Auditor and Attorney General shall be elected by the qualified eleetors of this State, at the same time and places appointed for the election of members of the General Assembly.
SEC. 4. The returns of every election for Governor, Secretary of State, State Auditor, State Treasurer and Attorney General shall be sealed up and transmitted by the returning officers to the seat of gov- ernment, directed to the Speaker of the House of Representatives, who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both houses of the General Assembly in joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Secretary of State, State Auditor, State Treasurer and Attor- ney General shall be determined by both houses of the General Assem- bly in such manner as may be preseribed by law.
SEC. 5. The Governor, Secretary of State, State Treasurer, State
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CONSTITUTION.
Anditor and Attorney General shall hold their respective offices for the term of two years from the time of their installation in office, and until their successors shall be elected and qualified.
SEC. 6. The Governor shall be at least thirty years of age when clected, and shall have been a citizen of the United States ten years and a resident citizen of this State at least seven years next before the day of his election.
SEC. 7. The Governor, Secretary of State, State Treasurer, State Auditor and Attorney General shall reside at the seat of government of this State during the time they continue in office (except in case of epi- demics); and they shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected.
SEC. 8. The Governor shall take care that the laws be faithfully executed.
SEC. 9. The Governor may require information in writing, under oath, from the officers of the Executive Department 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 man- agers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions; and any such officer or manager who makes a false report shall be guilty of perjury and punished accordingly.
SEC. 10. The Governor may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if, since their last adjournment, that shall have become dangerous from an enemy or from infectious or contagions dis- eases; and he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.
SEc. 11. The Governor sball, from time to time, give to the Gen- eral Assembly information of the state of the government, and recon- mend to their consideration such measures as he may deem expedient, and at the commencement of each session of the General Assembly, and at the close of his term of office, give information by written mes- sage of the condition of the State, and he shall account to the General Assembly, as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with the vouchers therefor, and he shall, at the commencement of each regular session, present to the General Assembly estimates of the amount of money required to be raised by taxation for all purposes.
SEC. 12. 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, commutation of sentence and pardons (except in cases of treason and impeachment); but pardons in cases of murder, arson, burglary, rape, assault with intent to commit rape, perjury, forgery, bribery and lareeny, shall not relieve from civil and political disability unless specifically expressed in the pardon. Upon conviction of treason, the Governor may suspend the execution
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HAND-BOOK OF AALAB.IM.1.
of the sentence and report the same to the General Assembly at the next regular session, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant further reprieve. He shall communicate to the General Assembly at every regular session each case of reprieve. commutation or pardon granted, with his reasons therefor, stating the name and crime of the convict, the sentence, its date, and the date of the reprieve, commutation or pardon.
SEC. 13. Every bill, which shall have passed both houses of the General Assembly, shall be presented to the Governor; if he approve, he shall sign it, but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large upon the journals, and the house to which such bill shall be re- turned, shall proceed to reconsider it; if after such reconsideration a majority of the whole number elceted to that house, shall vote for the passage of such bill, it shall be sent with the objections, to the other house, by which it shall likewise be reconsidered; if approved by a ma- jority of the whole number elected to that house, it shall become a law; but in such cases, the votes 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 five days (Sundays ex- cepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be a law. And every order, vote, or resolution, to which the concurrence of both houses may be necessary (except questions of adjournment, and of bringing ou elections by the two houses, and of amending this Constitu- tion,) 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.
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