USA > Alabama > Hand-book of Alabama. A complete index to the state, with map > Part 3
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Spe. 14. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriations disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the Exeentive veto, and he shall, in writing, state specifically the item or items he disapproves.
SEC. 15. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, absence from the State, or other disability, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, until the time appointed for the election of Governor shall arrive, or until the Governor who is absent or impeached, shall return or be acquitted, or other disability be removed, and if during such vacancy in the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, die, resign, be absent from the State, or be under any other disability, the Speaker of the House of Representa-
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tives shall in like manner administer the government. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President of the Senate, who shall enter upon the duties of Governor, and if the Governor and President of the Senate shall both be absent from the State over twenty days, the Secretary of State shall notify the Speaker of the House of Representatives, and in such case he shall enter upon and discharge the duties of Governor, until the return of the Governor or President of the Senate.
SEC. 16. The President of the Senate and Speaker of the House of Representatives shall, during the time they respectively administer the government, receive the same compensation which the Governor would have received if he had been employed in the duties of his office; Pro- rided, That if the General Assembly shall be in session during such absence, they, or either of them, shall receive no compensation as mem- bers of the General Assembly while acting as Governor.
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SEC. 17. No person shall, at one and the same time hold the office of Governor of this State and any other office, eivil or military, either under this State, the United States, or any other State or government except as otherwise provided in this Constitution.
SEC. 18. The Governor shall be Commander-in-Chief of the mil- itia and volunteer forces of the State, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection and repel invasion; but he need not command in person, unless directed to do so by a resolution of the General Assembly, and when acting in the service of the United States he shall appoint his staff and the General Assembly shall fix his rank.
SEC. 19. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor or Attorney General, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least tive yours next preceding his election, and shall be at least twenty-five years old when elected.
SEC. 20. There shall be a great seal of the State, which shall be used officially by the Governor; and the seal now in use shall continue to be used until another shall have been adopted by the General Assembly. The said seai shall be called the "Great Seal of the State of Alabama."
SEC. 21. The Secretary of State shall be the custodian of the seal of the State, and shall authenticate therewith all official aets of the Governor, his approval of laws and resolutions excepted. He shall keep a register of the official aets of the Governor, and when necessary shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either house of the General Assembly, whenever required to do so, and shall perform such other duties as may be prescribed by law.
SEC. 22. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the great seal, signed by the Governor and countersigned by the Secretary of State.
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SEC. 23. Should the office of Secretary of State, State Treasurer. State Auditor, Attorney General or Superintendent of Education be- come vacant, for any of the causes specified in section fifteen of this artiele, the Governor shall fill the vacancy until the disability is re- moved or a successor elected and qualified.
SEC. 24. The State Treasurer. State Auditor, and Attorney Gen- eral, shall perform such duties as may be preseribed by law. The State Treasurer and State Anditor shall every year, at a time the General Assembly may fix, make a full and complete report to the Governor, showing all receipts and disbursements of revenue, of every character, all elaims audited and paid by the State, by items, and all taxes and revenue collected and paid into the treasury, and from what sources, and they shall make reports oftener on any matter pertaining to their office, if required by the Governor, or the General Assembly.
SEC. 25. . The State Auditor, State Treasurer, and Secretary of State shall not, after the expiration of the terms of those now in office, receive to their use any fees, costs, perquisites of office, or compensa- tion other than their salaries as prescribed by law; and all fees that may be payable by law, for any service performed by either of such officers, shall be paid in advance into the State Treasury.
SEc. 26. A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of four years, un- less sooner removed, and shall be ineligible to such office as his own successor; Provided, That sheriff's elected on the first Monday in August, 1877, or at such other time as may be preseribed by law for the election in that year, shall hold their offices for the term of three years, and until their successors shall be elected and qualified. In the year 1880, at the general election for members to the General Assembly, sheriffs shall be elected for four years as herein provided. Vacancies in the office of sheriff shall be filled by the Governor, as in other cases, and the person appointed shall continue in office until the next general election in the county for sheriff, as provided by law.
ARTICLE VI. JUDICIAL DEPARTMENT.
SECTION 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, a supreme court, eirenit courts, chancery courts, courts of probate, such inferior courts of law and equity, to consist of not more than tive members, as the General Assembly may from time to time establish, and such persons as may be by law invested with powers of a judicial nature.
SEC. 2. Except in cases otherwise directed in the Constitution. the supreme court shall have appellate jurisdiction only, which shall be eo- extensive with the State, under such restriction and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law; Prorided. That said court shall have power to issue writs of in- junction, habeas corpus, que taranto, and such other remedial and
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original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions.
SEC. 3. The supreme court shall be held at the seat of govern- ment, but if that shall have become dangerous from any cause, it may adjourn to a different place.
SEC. 4. The State shall be divided by the General Assembly into convenient cirenits, not to exceed eight in number, unless increased by a vote of two-thirds of the members of each house of the General As- sembly, and no circuit shall contain less than three nor more than twelve counties, and for each circuit there shall be chosen a judge, who shall for one year next preceding his election and during his continu- ance in office reside in the circuit for which he is elected.
. SEC. 5. The circuit court shall have original jurisdiction in all matters, civil and criminal, within the State. not otherwise excepted in the Constitution; but in civil cases only when the matter or sum in controversy exceeds fifty dollars.
SEC. 6. A circuit court shall be held in each county in the State at least twice in every year; and the judges of the several circuits may hold court for each other when they deem it expedient, and shall do so when directed by law; Provided, That the judges of the several circuit- courts shall' have power to issue writs of injunction returnable into courts of chancery.
SEC. 7. The General Assembly shall have power to establish a court or courts of chancery, with original and appellate jurisdiction. The State shall be divided by the General Assembly into convenient chancery divisions, not exceeding three in number, unless an increase shall be made by a vote of two-thirds of each house of the General As- sembly, taken by yeas and nays and entered upon the journals; and the divisions shall be divided into districts, and for each division there shall be a chancellor, who shall, at the time of his election er appointment, and during his continuance in office, reside in the division for which he shall have been elected or appointed.
SEC. 8. 'A chancery court shall be held in each district, at a place to be fixed by law, at least once in each year ; and the chancellors may hold courts for each other. when they deem it necessary.
SEC. 9. The General Assembly shall have power to establish in each county within the State a court of probate, with general jurisdic- tion for the granting of letters testamentary and of administration, and for orphans' business.
SEC. 10. The judges of the supreme court, circuit courts and chancellors sha:1, at stated times, receive for their services a compensa- tion, which shall not be diminished during their official terins, but they shall receive no fees or perquisites, nor hold any office (except judicial offices) of profit or trust under this State, or the United States, or any other power, during the term for which they have been elected.
SEC. 11. The supreme court shall consist of one chief justice, and such number of associate justices as may be prescribed by law.
SEC. 12. The chief justice and associate justices of the supreme
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court, judges of the circuit courts, probate courts and chancellors, shall be elected by the qualified electors of the State, cireuits, counties, and chancery divisions for which such courts may be established, at such time as may be preseribed by law.
SEC. 13. The judges of such inferior courts of law and equity as may be by law established, shall be elected or appointed, in such mode as the General Assembly may prescribe.
SEC. 14. . The judges of the supreme court, circuit courts, and chancellors, and the judges of city courts, shall have been citizens of the United States, and of this State, for five years next preceding their election or appointment, and shall be not less than twenty-five years of age, and learned in the law.
SEC. 15. The chief justice and associate justices of the supreme court, circuit judges, chancellors and probate judges, shall hold office for the term of six years, and until their successors are elected or ap- pointed and qualified ; and the right of such judges and chancellors to hold their offices for the full time, hereby prescribed, shall not be af- fected by any change hereafter made by law in any circuit, division or county in the mode or time of election.
SEC. 16. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the State; the judges of the circuit courts, within their respective circuits, and the judges of the inferior courts, within their respective jurisdictions shall, in like manner, be conservators of the peace.
SEC. 17. Vacancies in the office of any of the judges or chancel- lors of this State shall be filled by appointment by the Governor, and such appointee shall hold his office for the unexpired term, and un- til his successor is elected or appointed and qualified.
SEC. 1S. If in any case, civil or criminal, pending in any circuit, chancery or city court in this State, the presiding judge or chancellor shall, for any legal cause, be incompetent to try, hear or render judgment in such cause, the parties or their attorneys of record, if it be a civil case, or the solicitor or other prosecuting officer, and the defendant, or defend- ants, if it be a criminal case, may agree upon some disinterested person practicing in the court, and learned in the law, to act as special judge or chanceilor, to sit as a court and to hear, decide and render judgment in the same manner and to the same effect as a judge of the circuit or city cont or chancellor sitting as a court might do in such case. If the case be a civil one and the parties or their attorneys of record do not agree, or if the case be a criminal one and the prosecuting officer and the defendant or defendants do not agree upon a special judge or chancellor, or if either party in a eivil cause is not represented in court, the clerk of the circuit or city court, or register in chancery. of the court in which said cause is pending, shall appoint the special judge or chancellor, who shall preside, try and render judgment as in this sec- tion provided.
SEC. 19. The General Assembly shall have power to provide for
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the holding of circuit and chancery courts in this State, when the judges or chancellors thereof fail to attend regular terms.
SEC. 20. No judge of any court of record, in this State, shall practice law in any of the courts of this State or of the United States.
SEC. 21. Registers in chancery shall be appointed by the chancel- lors of the divisions, and shall hold office during the term of the chancellors making such appointment; and such registers shall receive as compensation for their services only such fees and commissions as may be specifically preseribed by law.
SEC. 22. A clerk of the supreme court shall be appointed by the judges thereof, and shall hold office during the term of the judges making the appointment, and clerks of such inferior courts as may be * established by law shall be appointed by the judges thereof, and shall hold office during the term of the judge making such appointment.
SEC. 23. Clerks of the circuit court shall be elected by the quali- fied electors in cach county, for the term of six years. Vacancies in such office shall be filled by the Governor for the unexpired term.
SEC. 24. The clerk of the supreme court and registers in chancery may be removed from office by the judges of the supreme court and chancellors respectively, for cause, to be entered at length upon the records of the court.
SEC. 25. A solicitor for each judicial circuit shall be elected by joint ballot of the General Assembly, who shall be learned in the law, aud who shall, at the time of his election, and during his continuance in office, reside in the eirenit for which he is chosen, and whose term of office shall be for six years: Provided, That the General Assembly, at the first session thereof, after the ratification of this Constitution, shall, by joint ballot, elect a solicitor for each judicial circuit of the State, whose term of office shall begin on Tuesday after the first Mon- day in November, 1876, and continue for four years; and Provided, that the General Assembly may, when necessary, provide for the elec- tion or appointment of county solicitors.
SEC. 26. There shall be elected by the qualified electors of each precinet of the counties not exceeding two justices of the peace and one constable. Such justices shall have jurisdiction in all civil cases where- in the amount in controversy does not exceed $100, except in cases of libel, slander, assault and battery, and ejectment. In all enses tried be- fore such justices, the right of appeal, without pre-payment of costs shall be secured by law: Provided, That the Governor may appoint one notary public for each election precinct in counties, and one for each ward in cities of over 5,000 inhabitants, who, in addition to the powers of notary, shall have and exercise the same jurisdiction as justices of the peace within the previnets and wards for which they are respectively appointed: Provided, That notaries publie without such jurisdiction may be appointed. The term of office of such justice and notaries publie shall be prescribed by law.
SEC. 27. An attorney-general shall be elected by the qualified electors of the State at the same time and places of election of members
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of the General Assembly, and whose term of office shall be for two years, and until his successor is elected and qualified. After his elec- tion he shall reside at the seat of government and shall be the law officer of the State, and shall perform such duties as may be required of him by law.
SEC. 28. The style of all process shall be " The State of Alabama," . and all prosecutions shall be carried on in the name and by the anthor- ity of the same, and shall conclude, " Against the peace and dignity of the State."
ARTICLE VII.
IMPEACHMENTS.
SECTION'1. The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Education, and Judges of the Supreme Court may be removed from office for willfnl neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the Senate, sitting as a court for that purpose, under oath or affirmation, on articles or charges prefer- red by the House of Representatives.
SEC. 2. The chancellors, judges of the circuit courts, judges of the probate courts, solicitors of the circuits and judges of the inferior courts from which an appeal may be taken directly to the supreme court, may be removed from office for any of the causes specified in the preceding section, by the supreme court, under such regulations as may be prescribed by law.
SEC. 3. The sheriff's, clerks of the circuit, city or criminal courts, tax collectors, tax assessors, county treasurers, coroners, justices of the peace, notaries public, constables, and all other county officers, mayors and intendants of incorporated cities and towns in this State, may be removed from office for any of the causes specified in section one of this article, by the circuit, city or criminal court of the county in which such officers hold their office, under such regulations as may be pre- scribed by law; Provided, That the right of trial by jury and appeal in such cases be secured.
SEC. 4. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office and disqualifica- tion from holding office under the authority of this State, for the term for which he was elected or appointed; but the accused shall be liable to indictment, trial and punishment as preseribed by law.
ARTICLE VIH.
SUFFRAGE AND ELECTIONS.
SECTION 1. Every male citizen of the United States, and every male person of foreign birth who may have legally declared his inten- tion to become a citizen of the United States before he offers to vote,
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who is twenty-one years old or upwards, possessing the following quali- fications, shall be an elector, and shall be entitled to vote at any elec- tion by the people, except as hereinafter provided:
First, He shall have resided in the State at least one year immedi- ately preceding the election at which he offers to vote.
Second, He shall have resided in the county for three months, and in the, precinct, or ward, for thirty days immediately preceding the election at which he offers to vote: Provided, That the General Assembly may prescribe a longer or shorter residence in any precinct in any county, or in any ward in any incorporated city or town having a population of more than five thousand inhabitants, but in no case to " exceed three months: and Provided, That no soldier, sailor or marine in the military or naval service of the United States shall acquire a res- idence by being stationed in this State.
SEC. 2. All elections by the people shall be by ballot, and all elec- tions by persons in a representative capacity shall be rira roce.
SEC. 3. The following classes shall not be permitted to register, · vote or hold office :
First, Those who shall have been convicted of treason, embezzle- ment of public funds, malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary.
Second, Those who are idiots or insane.
SEC. 4. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elec- tions, or while going to or returning therefrom.
SEC. 5. The General Assembly shall pass laws, not inconsistent with this Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State. The General Assembly may, when necessary, provide by law for the registration of electors throughout the State, or in any incorporated city or town thereof, and when it is so provided, no person shall vote at any election unless he shall have registered as required by law.
SEC. 6. It shall be the duty of the General Assembly to pass ade- quate laws giving protection against the evils arising from the use of in- toxicating liquors at all elections.
SEC. 7. Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, State Aud- itor, State Treasurer and Attorney-General, and for members of the General Assembly, shall be made to the Secretary of State.
ARTICLE IX. REPRESENTATION.
SECTION 1. The whole number of Senators shall not be less than one-fourth nor more than one-third of the whole number of Represent- atives.
SEC. 2. The House of Representatives shall consist of not more than one hundred members, who shall be apportioned by the General
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Assembly among the several counties of the State according to the number of inhabitants in them, respectively, as ascertained by the de- cennial census of the I'nited States for the year 1880; which apportion- ment, when made, shall not be subject to alteration until the first session of the General Assembly after the next decennial census of the United States shall have been taken.
SEC. 3. It shall be the duty of the General Assembly, at its first - session after the taking of the decennial census of the United States in
1880, and after each subsequent decennial census, to fix by law the number of Representatives, and apportion them among the several counties of the State: Provided, That each county shall be entitled to at least one Representative.
SEC. 4. It shall be the duty of the General Assembly, at its first · session after the taking of the decennial census of the United States in 1880, and after each subsequent decennial census, to fix by law the number of Senators, and to divide the State into as many Senatorial Districts as there are Senators, which districts shall be as nearly equal . to each other in the number of inhabitants as may be, and each shall be entitled to one Senator, and no more; and which districts, when formed, shall not be changed until the next apportioning session of the General Assembly after the next decennial census of the United States shall · have been taken. No county shall be divided between two districts, and no district shall be made of two or more counties not contiguous to each other.
SEC. 5. Should the decennial census of the United States from any canse not be taken, or if when taken the same as to this State is not full and satisfactory, the General Assembly shall have power, at its first session after the time shall have elapsed for the taking of said cen- sus, to provide for an enumeration of all the inhabitants of this State, and once in each ten years thereafter, upon which it shall be the duty of the General Assembly to make the apportionment of Representatives and Senators as provided for in this article.
SEC. 6. Until the General Assembly shall make an apportionment of Representatives among the several counties, after the first decennial census of the United States as herein provided, the counties of Au- tauga, Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Dale, DeKalb, Ehnore, Etowah, Escambia. Fayette, Frank- lin, Geneva, Henry, Lauderdale, Marion, Morgan, Monroe, Marshall, Randolph, Sanford, Shelby, St. Clair, Walker, Washington and Winston shall each have one Representative; the counties of Barbour, Bullock, Butler, Chambers, Green, Hale, Jackson, Jefferson, Limestone, Law- renee, Lowndes, Lee, Macon, Marengo, Perry, Pickens, Pike, Russell, Sumter, Talladega: Tallapoosa, Tuskaloosa and Wilcox shall have each two Representatives; the county of Madison shall have three Repre- sentatives; the counties of Dallas and Montgomery shall have each four Representatives, and the county of Mobile shall have five Representa- tives.
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