USA > Alabama > Hand-book of Alabama. A complete index to the state, with map > Part 5
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SEC. 2. It is made the duty of the General Assembly to enact all laws necessary to give effect to the provisions of this Constitution.
ARTICLE XVII.
MODE OF AMENDING THE CONSTITUTION.
SECTION 1. The General Assembly may, whenever two-thirds of each house shall deem it necessary, propose amendments to this Consti- tution, which, having been read on three several days, in each house, shall be duly published, in such manner as the General Assembly may direet, at least three months before the next general election for Repre- Seutatives, for the consideration of the people; and it shall be the duty of the several returning officers, at the next general election which shall
40
HAND-BOOK OF ALAB.IM.1.
be held for Representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make a return of said vote to the Secretary of State; and if it shall thereupon appear. that a majority of all the qualified electors of the State who voted at such election, voted in favor of the proposed amendments, said amendments shall be valid to all intents and purposes, as parts of this Constitution. and the result of such election shall be made known by proclamation of the Governor.
SEC. 2. No convention shall hereafter be held for the purpose of altering or amending the Constitution of this State, unless the question of convention or no convention shall be first submitted to a vote of all #the eleetors of the State and approved by a majority of those voting at said election.
SCHEDULE.
In order that no injury or inconvenience may arise from the altera- tions and amendments made by this Constitution to the existing Consti- tution of this State, and to carry this Constitution into effect, it is hereby ordained and declared-
1. That all laws in force at the ratification of this Constitution, and not inconsistent therewith, shall remain in full force until altered or repealed by the General Assembly: and all rights, actions, prosecu- tions, claims and contraets of this State, counties, individuals or bodies corporate, not inconsistent with this Constitution, shall continue to be as valid as if this Constitution had not been ratified.
2. That all bonds executed by or to any officer of this State, al. recognizances, obligations, and all other instruments executed to this State, or any sub-division or municipality thereof, before the ratitieation of this Constitution, and all fines, taxes, penalties and forfeitures dne and owing to this State, or any sub-division, or to any municipality thereof; and all wiits, suits, proseentions, claims and causes of action, except as herein otherwise provided, shall continue and remain unaf- fected by the ratifieation of this Constitution. All indictments which may have been found, or which may hereafter be found, for any erime or offense committed before the ratitication of this Constitution, shall be proceeded upon in the same mamier as if this Constitution had not been ratified.
3. That all the executive and judicial officers, and all other officers in this State, who shall have been elected at the election held in this State on third day of November, eighteen hundred and seventy-four. or who may have been appointed since that time, and all members of the present General Assembly, and ah that may hereafter be elected mem- bers of the present General Assembly, and all other officers holding office at the time of the ratification of this Constitution, except such as hold office under any act of the General Assembly, shall continue in office and exercise the duties thereof until their respective terms shall expire, as provided by the present Constitution and laws of this State.
41-42
CONSTITUTION.
4. This Constitution shall be submitted to the qualified electors of this State for ratification or rejection, as authorized and required by an act of the General Assembly of this State, entitled " An act to provide for the calling of a Convention to revise and amend the Constitution of this State," approved nineteenth day of March, A. D., eighteen hun- dred and seventy-tive.
5. - If at said election the said Constitution shall be found to have been ratified by a majority of all the qualified electors voting at said election, the said new Constitution, so ratified, shall go into effect as the new Constitution of the State of Alabama, within the time stated in the proclamation of the Governor, and shall thereafter be binding and obligatory as such upon all the people of this State, according to the provisions of said act, approved nineteenth of March, eighteen hundred and seventy-tive.
6. That instead of the publication as required by section twelve of said act, the Governor of the State is hereby authorized to take such steps as will give general publicity and circulation to this Constitution in as economical manner as practicable.
7. That all laws requiring an enumeration of the inhabitants of this State during the year eighteen and seventy-five are hereby avoided.
8. That the Board of Education of this State is hereby abolished.
9. The salaries of the Executive and Judicial and all other officers of this State who may be holding office at the time of the ratitication of this Constitution, and the pay of the present members of the General Assmbly shall not be affected by the provisions of this Constitution.
LEROY POPE WALKER, President.
INDEX
TO THE
CONSTITUTION OF ALABAMA.
Actions -- What not affected by the Contitution. . Sched. Adjournment -- See Legislative Department.
Par. 1-2
Agricultural and Mechanical College -- See Education.
Article. Section.
Annexation-Provision concerning.
IV 51
Appeals -- From judgments of justices
VI 26
In certain impeachment cases.
VII
3
From assessment in condemnation proceedings .. Appropriations-See Legislative Department.
XIV
7
Governor may veto single item in bill making ... For standing army
V
14
Arbitrators-Provision concerning
IV
45
Arms-Citizens' right to bear.
I
27
Army, Standing -- See Militia, Soldiers.
Arrest-Must be in accordance with law
I
Assemble-Citizens' right to.
I
26
Attainder, of Treason-Prohibited
I 20
Attorney General-See Executive Department. Judicial Department-Salary to be reduced, how increased XI
8
Auditor-See Executive Department.
Salary to be reduced, how increased
..
S
Bail-Provision concerning.
I
17
Banks and Banking-See Corporations.
Bills, Legislative-See Legislative Department.
Board of Education-Abolished. Schedule
Par. S
Bonds-What not affected by Constitution.
Boundaries-State and County II 1-2
-
28
44
HAND-BOOK OF ALABAMA.
Bribery-Of legislator or other public officer
Canals-Provisions concerning
Article Section IV 40-42 XIV 21, 23, 25
Census-In 1875, avoided. Schedule Par. 7
Chancellor -- See Judicial Department.
Salary to be reduced: how increased. XI 8
Chancery Courts-See Judicial Department.
Circuit Courts-See Judicial Department.
Circuit Judges-See Judicial Department.
Salary to be reduced; how increased.
XI
8
Citizen of Alabama-Who is, etc. Liberty of speech of .
I
1
May assemble and petition.
26
May bear arms, etc ..
27
City Courts -- See Judicial Department.
Claims-What not affected by Constitution .. . Schedule
Par. 1
Commissions-By State, how issued, etc
22
Constable-See Judicial Department.
Constitution-Amendments to. XVII 1-2
Certain matters not affected by Schedule P. 1-3
Submission to people
" 4-5
Publication of. 66
6
Contracts-See Legislative Department.
Laws impairing obligation of, prohibited I
23.
Certain not affected by Constitution .. .. Schedule Par. 1
Convention-To amend Constitution ... XVII
Corporations.
Subject to law of eminent domain
I 24
Trust funds not to be invested in their bonds or stocks
IV
35
State not to lend money or credit to, etc.
54
County, city, etc., may not lend its credit, etc., to individual or corporation, etc.
55
Ilow may be formed ; law may be amended or repealed
XIV
1
Existing charters, provision concerning
Existing. condition on which may have benefit of future legislation.
=
Foreign, condition on which may do business in State
4
Confined to business authorized in charter.
5
Stocks and bonds of, how issued and increased .. Must make compensation for property taken; appeals from preliminary assessment, in favor of owner
66
7
66
9
.
6
Dues from. to be secured; liability of stockholder Preferred stock, how issued
5
45
INDEX TO CONSTITUTION.
Article Section
Power of General Assembly over charter ; law not to create, etc., more than one corpora- tion
XIV
10
For telegraph purposes, provisions concerning .. How may sne and may be sued
66
12
Term, corporation, defined
66
13
Banks to issue bills, how may be established ...
14
Bank established only under general law and upon specie basis
15
Bills at all times redeemable in specie ; law not to authorize suspension of specie payment .. Preference of note holders and depositors in case of insolvency
66
16
Bank to cease business within twenty years, etc. Bank not to take nsury
66
18
State not to be stoekholder in bank, etc ... ....
20
Railroads and canals are public highways and
common carriers ; other provisions concern- ing.
66
21
Railroads, canals and rivers, General Assembly
. must pass laws to correct abuses, etc., in the rates of freight and passage on
66
22
Free passes and tickets at discount to State officials prohibited.
66
23
Street railroad, constructed only with consent of municipal authorities.
66
24
Existing railroad, canal or other transportation company, condition on which may have bene- fit of future legislation .
25
Corruption of blood-Convietion not to work.
I 20
Corrupt Solicitation-See Legislative Department.
Counsel-Right to
7-11
Courts-See Judicial Department.
All to be open, ete.
14
Power to change venue vested in
IV
36
Counties, boundaries of.
II
2
County rate of taxation, limitation on.
XI
5
Not to be required to pay any charges now pay- able by State
66
9
Criminal Prosecution-Rights of accused.
1
7
Debt, no imprisonment for
66
21
Limitation on power of State to incur.
XI
3
Of county, taxation to pay.
5
Of city, etc., taxation to pay.
7
Declaration of Rights -- All men equally free and inde- pendent, etc
I
1
IV
49
Must be required by law to provide for the poor
17
66
19
1
11
46
HAND-BOOK OF ALABAMA.
Article Section
I 2
Citizens of Alabama, who are and equal rights of All political power inherent in the people ; rela- tion of the people to free government ..
3
Religion, declarations concerning
4
Citizens' liberty of speech.
5
Unreasonable seizures and searches prohibited; warrant how issued.
66
6
Criminal prosecution, rights of accused in .. How person may be accused, arrested or punished Indictable offense not to be tried by information; exceptions
66
9
Jeopardy of life or limb twice for same offense prohibited.
10
Party to civil cause; how may prosecute or de- fend.
66
11
Trial by jury secured.
In prosecution for libel, when truth may be given in evidence; jury to determine both law and facts
13
State shall never be made defendant.
15
Excessive fines and cruel and unusual punish- ments, prohibited.
16
Bail, right to before conviction, secured.
17
Habeas corpus, State authorities not to suspend writ of
18
Treason defined; testimony necessary to convic- tion
19
Treason, no attainder of; no corruption of blood or forfeiture of estate.
..
20
Debt, no imprisonment for
21
Suspension of laws, General Assembly only has power.
66 22
Certain laws prohibited.
Eminent domain, law of declared.
66 24
Navigable waters are public highways, etc
25
Citizens may assemble and petition
26
Citizens may bear arms, ete
27
Standing army, declaration concerning.
23
Soldiers, quartering
29
Titles of nobility, ete., State not to confer and offices limited to good behavior
66
30
Immigration shall be encouraged, emigration not prohibited, and no exile.
31
Residence not forfeited by temporary absence from State
:2
7
8
12
All courts to be open, etc.
14
23
47
INDEX TO CONSTITUTION.
Article Section
Slavery prohibited, and involuntary servitude al- lowed only as punishment, for erime
I 33
Suffrage, right of to be protected, ete
66 34
Secession, right of, denied.
60 35
Resident foreigners, property rights of
36
Government, end and object of
37
Educational or property qualification for suffrage
or office, or restraint upon same on account. of race, etc., prohibited
38
This enumeration of rights not to impair others retained by the people.
66 39
Distribution of Powers of Government-Powers of Government divided into three depart- ments, etc
III
1
Each department confined to the exercise of its own powers
66
2
Dueling-General Assembly shall pass laws to sup- press.
IV 47
Education-Superintendent of, one of State Executive Department. 1
1
Superintendent of, Governor fills vacaney in ofliee
23
Superintendent of, impeachment of
VII
1
Public school system, must be established.
XIII
1
Grants to the States by the United States, for educational purposes, declarations concerning Property given by individuals and the State for educational purposes and escheats, deelar- ation concerning.
2
Poll tax for public schools shall be provided for Certain income and moneys applied to support of public schools.
66
5
Supervision of public schools, in whom vested; election of Superintendent.
..
7
School money not to be used in support of seeta- rian school.
8
State University and Agricultural and Mechan- ical College, management and control of .... State University and Agricultural and Meehan- ieal College, location, how changed .
66
9
Mobile County, exemption of from provisions of Article XIII.
Board of Education abolished
Schedule
Par. 8
Elections-See Suffrage and Elections.
Emigration-Shall not be prohibited.
I 21
Eminent Domain-Law of Declared.
24
.
School moneys, how expended.
66
6
3
66
4
66
10
11
1
48
HAND-BOOK OF ALABAMA.
Article Section XIV 7
How property taken under
Enumeration of Inhabitants, in 1875, avoided .. . Sched. Evidence -- No one compelled to give against himself ..
I .
7
When truth may be given in, in indictments for libel
=
13
Executive Department.
Distinct department of government.
III
1
Limited to exercise of its own powers
66
2
What officers compose .
V
1
Governor is supreme executive ; Governor, how styled.
2
Officers of, election of
66
5
Governor, qualifications of
Certain officers must reside at seat of govern- ment; compensation of
=
7
Governor must execute the laws
יו
8
May require official reports, etc
=
10
Duty of as to messages and recommendations to and accounting with and making tax esti- mates for General Assembly
.:
11
Must sign all legislative bills; veto power of ....
13
May veto single item of appropriation bill
66
14
Succession, when Governor dies, etc .; duty of
Secretary of State when Governor is absent over twenty days. . .
6.
15
President of Senate and Speaker of House, com- pensation of when acting as Governor
16
May not hold other office.
66
17
Is Commander-in-Chief of State military forces, etc ..
=
18
Other members of Executive Department, quali- fications of
=
19
Great Seal, provisions concerning.
66
20-21
State grants and commissions; how issued.
22
Vacancies in certain offices filled by Governor .. .
23
Treasurer, Anditor and Attorney-General must perform lawful duties; reports from
24
Auditor, Treasurer and Secretary of State, com- pensation of
25
Sheriff, election and term of; Governor fills va- cancy in office
26
Exempted Property.
General Assembly shall prescribe regulations to ascertain value of and to secure
IV 53
9
May convene General Assembly in extra session
12
Power to remit fines and to pardon.
3-4
Term of office
Par. 7
49
INDEX TO CONSTITUTION.
Article Section X 1
Exemption of personalty
Homestead exemption
2
Homestead exemption, after owner's death
.6
3
Certain liens on homestead valid
4
- Homestead exempted in favor of widow Wife's separate estate
.6
7
Exile.
No citizen shall be exiled
I
2
Er. post facto laws-Prohibited.
23
Extra compensation not allowable after services ren- dered or contract made; officer not to bind State to pay money but by law
IV
29
Governor's power to remit.
V
12
Par. 2
Forfeiture of Estate-Conviction not to work Governor's power to remit.
V 12
Certain not affected by Constitution .. Schedule General Assembly-See Legislative Department, Rep- resentation.
Par. 2
Chooses certain officers in case of tie.
V
4
. Extra sessions of, Governor may eall
=
11
Governor's duty to give information to, ete Power to pardon treason.
12
Gift Enterprise-May not be authorized
IV
26
Government-Relation of people to
I
3
Three departments of .
III
1
Each department confined to exercise of its own powers
66
2
Governor-See. Executive Department.
Fills vacancies in office of judge or chancellor.
VI
17
Salary redneed after 1875
XI
8
Is Commander-in-Chief of State military forces ..
XII
6
Grand Jury-In what case may be dispensed with.
I
9
Grants and Commissions by State-How issued, etc .. . Great Seal -- See Seal.
V
22
Habeas Corpus, writ of-Authorities not to suspend .. .. I
8
Homestead-See Exempted property.
House of Representatives - See Legislative Depart- ment, Representation.
Immigration-Shall be encouraged 1
31
.
Impeachments-What officers impeachable before Sen- ate and for what offenses VII
1
Before Supreme Court, etc
..
2
Fines-Excessive, prohibited
I 16
Certain not affected by Constitution. Schedule Foreigners -- Property rights of.
I 36
: 1
20
10
Sole end of
37
5
Exemption, how waived
50
HAND-BOOK OF ALABAMA.
Article Section
Before Circuit, City or Criminal Court; right to jury and appeal Penalties in cases of impeachment
VII 3
4
Indictments-Declarations concerning
I 7-9
Certain not affected by Constitution .... Schedule - Inferior Courts-See Judicial Department.
Par. 2
Information-Limitation on prosecution by
I 9
Inspectors and Measurers-State not to appoint, but county or town may
IV 28
Internal Improvement-State not to engage in works of, ete.
66
54
County, city, ete., may not lend its credit to indi- vidual or corporation, ete., or become stock- holder.
66
Jeopardy-Twice of life or limb for same offense pro- bibited I 10
Judges-See Judicial Department.
Judicial Circuits-See Judicial Department.
Judicial Department-Distinct department of govern- ment
III
1
Limited to exercise of its own powers
66
2
In what courts and persons judicial power vested Supreme Court-Jurisdiction of
VI
1
.
Where held.
3
Circuits and Circuit JJudges, provided for
4
. Circuit Courts, jurisdiction of
Circuit Courts, terms of; Judges may inter- change; may issne writs of injunetion.
66
6
Chancery Courts and Chancellors provided for .. Chancery Courts, where to be held and terms of ; Chancellors may interchange
66
8
Courts of Probate provided for
66
9
Supreme and Circuit Court Judges and Chancel- lors, compensation of; shall hold no other office .
10
Supreme Court, who compose.
66
11
Supreme, Circuit and Probate Judges and Chan- cellors, election of
12
Inferior courts, judges elected or appointed.
66
13
Supreme, Circuit and City Judges and Charcel- lors, qualifications of
=
14
Supreme, Circuit and Probate Judges and Chan- cellors, terms of office of
15
Certain judges are es officio conservators of the peace
16
Governor tills vacancy in office of Judge or Chan- cellor: term of appointee
17
.
2
66
7
1 1
51
INDEX TO CONSTITUTION.
Article Section
Judge incompetent, how cause tried
VI 18
General Assembly to provide for holding Circuit and Chancery Court when Judge or Chancel- lor fails to attend regular term
66
19
Judge of court of record not to practice law Registers in Chancery, appointment, term of of- fice and compensation of
66
20
Clerks of Supreme and inferior courts, appoint- ment and terms of.
22
Clerks of Circuit Courts, elected for six years; Governor fills vacancy in office
23
Clerk of Supreme Court and Registers in Chan- cery, removal of.
66
24
Circuit Solicitors, provided for; General Assem- bly may provide for County Solicitors
..
25
Justices of the Peace and Constables provided for, etc
66
26
Style of process, etc ..
28
Judicial Power-See Judicial Department.
Jury-See Criminal Prosecution.
Right of trial by secured ....
I
12
Determines both law and facts in libel
66
13
Right of trial by in impeachments
3
Justice of the Peace -- See Judicial Department. Prosecution of minor offenses before
I 9
Laws-See Legislative Department.
General Assembly only may suspend
22
Certain laws prohibited .
23
Certain not affected by Constitution .... Schedule Legislative Department-See Representation.
Par. 1
Distinct Department of government
III
1
Limited to exercise of its own powers
66
2
Legislative power, in what vested.
IV
1
Style of laws: what law shall contain; how amended, etc.
Senators and Representatives, election and terms of.
3
Senators and Representatives, qualifications of .. General Assembly, sessions of .
..
5
General Assembly, pay and mileage of .
..
6
Senators and Representatives, number and appor- portionment of .
President of Senate and Speaker, election and terms of office of; each house chooses its own
..
7
66
21
Attorney General, election, term of office and residence of
27
4
52
HAND-BOOK OF ALABAMA.
officers and judges of election returns and qualifications of its members
IV 8
Senators, election of 1576; members elected bi- ennially; when term of Senators and Repre- sentatives begins; vacancy in either house, how filled .
Quorum, what is: power of smaller number
10
Powers of each house as to rules, etc.
60
11
Member expelled for corruption, ineligibility of, etc.
66
12
Journal of each house, provisions concerning .. .
=
13
General Assembly, privileges of members.
6 4
14
Doors of each house open; exception.
15
Adjournment by single house.
66
16
Senator or Representative not to be appointed to . certain offices
17
Convictions which disqualify for General Assem- bly and office.
18
Law passed by bili only, and bill not to be so amended as to change its original purpose .. All bills must be referred
66
19
. 6
20
Proceedings on bills.
21
Amendments and conference reports, how con- curred in or adopted
66 22
Special or local laws, when may not be enacted; General Assembly not to suspend general
laws for benefit of individual, corporation or association
23
Local or special law, notice of application for must be given, etc .; proriso.
24
General Assembly shall pass general laws for pro- "tection of local and private interests
25
Power and duty of General Assembly as to lot- teries and gift enterprises; all lottery acts avoided
26
Presiding officer of each house to sign all bills. etc .; proceedings thereon
27
General Assembly shall prescribe number, duties and compensation of its officers and em- ployces, and payment to be made to no other Bills giving extra compensation after services ren- dered, prohibited. and officers to bind State to payment of money only by authority of law ..
28
29
Certain supplies and work furnished or done must be under contract, etc.
30
1.
Article Section
9
53
INDEX TO CONSTITUTION.
Article Section
Revenue bills must originate in House, but Sen- ate may amend.
IV
31
Appropriation bills, provisions concerning
32
66 33
. How money shall be paid out of treasury .. Appropriation not to be made to institution not under State's control, except by two-thirds vote
66
34
.. General Assembly not to authorize investment of trust funds in corporate bonds or stock, and . existing acts avoided.
35
Power to change venue vested in the courts
36
Limitation on legislation at special session of General Assembly .
66
37
State not to create certain offices.
66
38
Act changing seat of government, how becomes law.
39
Corruption in member of General Assembly, pro- visions concerning
66 40
Corrupt solicitation of member or public officer, provisions concerning
41-42
Duty of member when he has personal interest in bill.
..
43
Elections by General Assembly.
General Assembly shall provide by law for arbi- trators
66
45
Laws to be revised when
46
General Assembly shall pass laws to suppress du- eling
47
Deductions from salaries of public officers for neglect of duty
=
48
General Assembly shall require counties to pro- vide for the poor.
49
General Assembly may not authorize municipal corporations to pass laws inconsistent with general laws
50
51
52
53
66
54
55
56
·
Duty of General Assembly in cases of annexation General Assembly not to tax certain property .. . General Assembly shall pass exemption laws ... . State not to engage in works of internal improve- ment, etc.
General Assembly no power to authorize county or other sub-division of State to aid with money or credit any individual, association or corporation, or become stockholder. · Certain laws prohibited, and General Assembly shall not revive barred right or remedy ... . .
44
54
HAND-BOOK OF ALABAMA.
Article Section .
Governor may convene General Assembly in ex- tra session .
V 10
Libel-Law of declared
I 13
Liberty-Inalienable right
1
Of speech secured
5
May be taken away only by due course of law Life-Inalienable right.
1
May be taken away only by due course of law. ..
7
No jeopardy of twice for same offense
10
Loans-Governor may negotiate temporary
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