USA > Alabama > Hand-book of Alabama. A complete index to the state, with map > Part 4
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CONSTITUTION.
SEC. 7. Until the General Assembly shall divide the State into Senatorial Districts as herein provided, the Senatorial Distriets shall be as follows:
First district, Lauderdale and Limestone; second distriet, Colbert and Lawrence; third district, Morgan, Winston and Blount; fourth dis- triet, Madison; fifth district, Marshall, Jackson and DeKalb; sixth dis- triet, Cherokee, Etowah and St. Clair; seventh district, Calhoun and Cleburne; eighth district, Talladega and Clay; ninth district, Randolph and Chambers; tenth district, Macon and Tallapoosa; eleventh district, Bibb and Tuskaloosa; twelfth district, Franklin, Marion, Fayette and Sanford; thirteenth district, Walker, Jefferson and Shelby; fourteenth district, Greene and Pickens; fifteenth district, Coosa, Elmore and Chil- ton; sixteenth district, Lowndes and Antauga; seventeenth district, Butler and Conecuh; eighteenth district, Perry; nineteenth district, Choctaw, Clarke and Washington; twentieth district, Marengo: twenty- first district, Monroe, Escambia and Baldwin; twenty-second district, Wilcox; twenty-third district, Henry, Coffee, Dale and Geneva; twenty- fourth distriet, Barbour; twenty-fifth district, Pike, Crenshaw and Cov- ington; twenty-sixth district, Bullock; twenty-seventh district, Lee; twenty-eighth district, Montgomery; twenty-ninth district, Russell; thirtieth district, Dallas; thirty-first district, Sumter; thirty-second district, Hale; thirty-third district, Mobile.
& ARTICLE X. EXEMPTED PROPERTY.
SECTION 1. The personal property of any resident of this State to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution. or other process of any court, issued for the collection of any debt contracted since the 13th day of July, 1868, or after the ratification of this Constitution.
SEC. 2. Every homestead, not exceeding eighty acres, and the dwelling and appartenances thercon, to be selected by the owner thereof, and not in any city, town or village, or in lieu thereof, at the option of the owner, any lot in the city, town or village, with the dwell- ing and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempted from sale on execution, or any other process from a court, for any debt contracted since the 13th day of July, 186s, or after the rat . ification of this Constitution. Such exemption, however, shall not ex- tend to any mortgage lawfully obtained, but such mortgage or other alienation of such homestead. by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same.
SEC. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted since the 13th day of July, Istis, or after the ratification of this Consti- tution, in all cases, during the minority of the children.
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HAND-BOOK OF ALAB.1M.1.
SEC. 4. The provisions of sections one and two of this article shall not be so construed as to prevent a laborer's lien for work done and per- formed for the person elaiming such exemption, or a mechanic's lien for work done on the premises.
SEC. 5. If the owner of a homestead die, leaving a widow, but no children, sueh homestead shall be exempt, and the rents and profits thereof shall inure to her benefit.
SEC. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal. to which she may afterwards be entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her the same as if she were a femme sole.
SEC. 7. The right of exemption hereinbefore secured may be waived by an instrument in writing, and when such waiver relates to realty, the instrument must be signed by both the husband and wife, and attested by one witness.
ARTICLE XI. TAXATION.
SECTION 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such property: Provided, however, The General Assembly may levy a poll tax, not to exceed one dollar and fifty cents, on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same.
SEC. 2. No power to levy taxes shall be delegated to individuals or private corporations.
SEC. 3. After the ratification of this Constitution, no new debt shall be created against or incurred by this State or its authority, ex- cept to repel invasion or suppress insurrection, and then only by a eon- currence of two-thirds of the members of each house of the General Assembly, and the vote shall be taken by yeas and nays and entered ou the journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void: Pro- rided, The Governor may be authorized to negotiate temporary loans, never to exceed one hundred thousand dollars, to meet deficiencies in the treasury, and until the same is paid no new loan shall be nego- tiated: Provided, further, That this section shall not be so construed as to prevent the issuance of bonds in adjustment of existing State indebt- edness.
SEC. 4. The General Assembly shall not have the power to levy, in any one year, a greater rate of taxation than three-fourths of one per centum on the value of the taxable property within this State.
Sec. 5. No county in this State shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein, than one-half of one per centum: Provided, That to pay
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CONSTITUTION
debts existing at the ratification of this Constitution, an additional rate of one-fourth of one per cent. may be levied and collected, which shall be exclusively appropriated to the payment of such debts, or the inter- est thereon: Prorided, further, That to pay any debt or liability now existing against any county, incurred for the erection of the necessary public buildings or other ordinary county purposes, or that may here- after be created for the ercetion of necessary public buildings or bridges, any county may levy and collect such special taxes as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same shall have been levied and collected.
SEC. 6. The property of private corporations, associations and in- dividuals of this State shall forever be taxed at the same rate: Pro- rided, This section shall not apply to institutions or enterprises devoted exclusively to religious, educational or charitable purposes.
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SEc. 7. No city, town or other municipal corporation, other than provided for in this article, shall levy or collect a larger rate of taxa- tion, in any one year, on the property thereof, than one-half of one per centum of the value of such property, as assessed for State taxation during the preceding year: Provided, That for the payment of debts existing at the time of the ratification of this Constitution, and the in- terest thereon, an additional rate of one per centum may be collected, to be applied exclusively to such indebtedness: and Provided, This section shall not apply to the city of Mobile, which city may, until the first day of January, 1879, levy a tax not to exceed the rate of one per centum, and from and after that time a tax not to execed the rate of three-fourths of one per centum, to pay the expenses of the city gov- ernment, and may also, until the first day of January, 1879, levy a tax not to exceed the rate of one per centum, and from and after that time a tax not to exceed the rate of three-fourths of one per centum to pay the existing indebtedness of said city and the interest thereon.
SEC. S. At the first session of the General Assembly after the rat- ification of this Constitution. the salaries of the following officers shall be reduced at least twenty-five per centum, viz: Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, Superintend- ent of Education, Judges of the Supreme and Cireuit Courts, and Chan- cellors. And after said reduction, the General Assembly shall not have the power to increase the same, except by a vote of a majority of all the members elected to each house, taken by yeas and nays and entered on the journals: Provided, This section shall not apply to any of said officers now in office.
SEC. 9. The General Assembly shall not have the power to re- quire the counties, or other municipal corporations, to pay any charges which are now payable out of the State Treasury.
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HAND-BOOK OF ALABAMA.
ARTICLE XII.
MILITIA.
SECTION 1. All able bodied male inhabitants of this State, between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared their intention to become such citizens, shall be liable to military duty in the militia of the State.
SEC. 2. The General Assembly, in providing for the organization, equipment and discipline of the militia, shall conform as nearly as prae. ticable to the regulations for the government of the armies of the United States.
SEC. 3. Each company and regiment shall eleet its own company and regimental officers; but if any company or regiment shall neglect to eleet such officers within the time preseribed by law, they may be appointed by the Governor.
SEC. 4. Volunteer organizations of infantry, cavalry and artillery may be formed in such manner and under such restrictions, and with such privileges as may be provided by law.
SEC. 5. The militia and volunteer forces shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest dur- , ing their attendance at musters, parades and elections, and in going to and returning from the same.
SEC. 6. The Governor shall, except as otherwise provided herein, be commander-in-chief of the militia and volunteer forces of the State, except when in the service of the I'nited States, and shall, with the ad- vice and consent of the Senate, appoint all general officers, whose terms of office shall be for four years. The Governor, the generals, and regi- mental and battalion commanders shall appoint their own staffs, as may be provided by law.
SEC. 7. The General Assembly shall provide for the safe keeping of the arms, ammunition and aecontrements, military records, banners and relics of the State.
SEC. S. The officers and men of the militia and volunteer forees shall not be entitled to or receive any pay, rations or emoluments when not in actual service.
ARTICLE XIII.
EDUCATION.
SECTION 1. The General Assembly shall establish, organize and maintain a system of public schools throughout the State, for the equal benefit of the children thereof, between the ages of 7 and 21 years; but separate schools shall be provided for the children of citi- zens of African descent.
SEC. 2. 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
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CONSTITUTION.
educational purposes, shall be preserved inviolate and undiminished; and the income arising therefrom shall be faithfully applied to the spe- cific objects of the original grants or appropriations.
SEC. 3. All lands or other property given by individuals or appro- priated by the State for educational purposes, and all estates of de- ceased persons who die without leaving a will or heir, shall be faithfully applied to the maintenance of the public schools.
SEC. 4 .; The General Assembly shall also provide for the levying and collection of an annual poll tax, not to exceed one dollar and fifty cents on each poll, which shall be applied to the support of the public schools in the counties in which it is levied and collected.
/ SEC. 5. The income arising from the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States Government, and the funds enumerated in sections three and four of this article, with such other moneys to be not less than one hundred thousand dollars per annum, as the General Assembly shall provide by taxation or otherwise, shall be applied to the support and maintenance of the public schools, and it shall be the duty of the General Assembly to increase, from time to time, the public school fund, as the condition of the treasury and the resources of the State will admit.
SEC. 6. 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 General Assembly may, by a vote of two-thirds of each house, suspend the operation of this section.
SEC. 7. The supervision of the public schools shall be vested in a superintendent of education, whose powers, duties, term of office and compensation shall be fixed by law. The superintendent of education, shall be elected by the qualified voters of the State, in such manner and at such time as shall be provided by law.
SEC. 8. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sec- tarian or denominational school.
SEC. 9. The State University, and the Agricultural and Mechan- ical College shall each be under the management and control of a Board of Trustees. The Board of the University shall consist of two members from the congressional district in which the University is located, and one from each of the other congressional districts in the State. The Board for the Agricultural and Mechanical College shall consist of two members from the congressional distriet in which the college is located, and one from each of the other congressional distriets in the State. Said trustees shall be appointed by the Governor, by and with the ad- vice and consent of the Senate, and shall hold office for a term of six years, and ni.til their successors shall be appointed and qualified. After the first appointment each board shall be divided into three classes, as nearly equal as may be The seats of the first class shall be vacated at the expiration of two years, and those of the second class in four years,
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HAND-BOOK OF ALABAMA.
and those of the third class at the end of six years from the date of appointment, so that one-third may be chosen biennially. No trustee shall receive any pay or emolument other than his actual expenses in- curred in the discharge of his duties as such. The Governor shall be ex officio President, and the Superintendent of Education ex officio a member of each of said Boards of Trustees.
SEC. 10. The General Assembly shall have no power to change the location of the State University, or the Agricultural and Mechanical College, as now established by law, except upon a vote of two-thirds of the members of the General Assembly, taken by yeas and nays and en- tered upon the journals.
SEC. 11. The provisions of this article, and of any act of the General Assembly passed in pursuance thereof, to establish, organize and maintain a system of public schools throughout the State, shall ap- ply to Mobile county only so far as to authorize and require the author- ities designated by law to draw the portion of the funds to which said county will be entitled for school purposes, and to make reports to the Superintendent of Education as may be prescribed by law. And all special incomes and powers of taxation as now authorized by law for the benefit of public schools in said county, shall remain undisturbed until otherwise provided by the General Assembly: Provided, That separate schools for each race shall always be maintained by said school authorities.
ARTICLE XIV. CORPORATIONS-PRIVATE CORPORATIONS.
SECTION 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal, manufactur- ing, mining, immigration, industrial and educational purposes, or for constructing canals, or improving navigable rivers and harbors of this State, and in cases where, in the judgment of the General Assembly, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered, amended or repealed.
SEC. 2. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place and business been commenced in good faith, at the time of the ratification of this Constitution, shall thereafter have no validity.
SEC. 3. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or 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 the condition that such corporation shall thereafter hold its char- ter subject to the provisions of this Constitution.
SEC. 4. 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 such corporation may be sued in any
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CONSTITUTION,
county where it does business, by service of process upon an agent any- where in this State.
SEC. 5. No corporation shall engage in any business other than that expressly authorized in its charter.
'SEC. 6. No corporation shall issue stock or bonds, except for money, labor done, or money or property actually received; and all fic- titions increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased, except in pursuance of general laws, nor without the consent of the persons holding the larger amount in value of stock, first obtained at a meeting to be held after thirty days notice given in pursuance of law.
, SEC. 7. Municipal and other corporations and individuals, invested with the privilege of taking private property for public use, shall make- just compensation 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 destruc- tion. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations or individuals made by viewers or other- wise; and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury according to law.
SEC. 8. Dnes from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her.
SEC. 9. No corporation shall issne preferred stock without the consent of the owners of two-thirds of the stock of said corporation.
SEC. 10. The General Assembly shall have the power to alter, re- voke or amend any charter of incorporation now existing, and revok- able at the ratification of this Constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the State, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew or ex- tend the charter of more than one corporation.
SEC. 11. 'Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and connect the same with other lines, and the General Assembly shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in the stock or bonds of any other telegraph company owning a com- peting line, or acquire, by purchase, or otherwise, any other competing line of telegraph.
SEC. 12. All corporations shall have the right to sue, and shall be subjected to be sued, in all courts, in like cases as natural persons.
Sko. 13. The term corporation. as used in this article. shall be € construed to include all joint stock companies, or any associations hav-
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ILAND-BOOK OF ALABAMA.
ing any of the powers or privileges of corporations not possessed by individuals or partnerships.
BANKS AND BANKING.
SEC. 14. The General Assembly shall not have the power to estab- lish or incorporate any bank, or banking company, or moneyed institu- tion for the purpose of issuing bills of eredit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution.
SEC. 15. No bank shall be established otherwise than under a gen- eral banking law, nor otherwise than upon a specie basis.
SEC. 16. All bills or notes issued as money shall be, at all times, , redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension, by any bank or banking company, of specie payment.
SEC. 17. Holders of bank notes, and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled, in case of insolvency, to the preference of payment over all other creditors.
SEC. 18. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, unless the General Assembly shall extend the time, and promptly thereafter close its business; but shall have corporate capacity to sue, and shall be liable to suit, until its affairs and liabilities are fully closed.
SEC. 19. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.
SEC. 20. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given or loaned to any banking company, association or corporation.
RAILROADS AND CANALS.
SEC. 21. All railroads and canals shall be publie highways, and all railroad and canal companies shall be common carriers. Any associa- tion or corporation organized for the purpose shall have the right to construet and operate a railroad between any points in this State, and to connect, at the State line, with railroads of other States. Every railroad company shall have the right with its road to interseet, connect with, or eross, any other railroad, and shall receive and transport, each, the other's freight, passengers and ears, loaded or empty, without de- lay or discrimination.
SEC. 22. The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freights and passenger tariffs on railroads, canals and rivers in this State.
SEC. 23. No railroad or other transportation company shall grant free passes, or sell tickets or passes at a discount, other than is sold to the public generally, to any member of the General Assembly, or to any person holding office under this State or the United States.
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CONSTITUTION.
SEC. 24. No street passenger railway shall be constructed within the limits of any city or town without the consent of its local author- ities.
SEC. 25. No railroad, canal, or other 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 contract, except on the condition of complete acceptance of all the provisions of this article.
ARTICLE XV. OATH OF OFFICE.
SECTION 1. All members of the General Assembly, and all officers, executive and judicial, before they enter upon the execution of the du- ties of their respective offices, shall take the following oath or affirma- tion, to-wit:
"I, -, solemnly swear [or affirm, as the case may be, ] that I will support the Constitution of the United States and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability; so help me, God." .
Which oath may be administered by the presiding officer of either house of the General Assembly, or any officer authorized by law to ad- minister an oathı.
ARTICLE XVI.
MISCELLANEOUS PROVISIONS.
SECTION 1. No person holding an office of profit under the United States, except postmasters whose annual salary does not exceed two hundred dollars, shall, during his continuance in such office, hold any office of profit under this State; nor shall any person hold two offices of profit at one and the same time under this State, except justices of the peace, constables, notaries public and commissioners of deeds.
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