alabama constitution 1875

2. 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. 14. 7. 21. 43. 6. Sec. 29. Sec. The general assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this state; and all acts, or parts of acts, heretofore passed by the general assembly of this state, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualification 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 prescribed by law. The current Alabama Constitution (1901) is one of the longest in the United States, having over 300,000 words and more than 850 amendments. Sec. Sec. As Adopted by the Constitutional Convention, September 3, 1901, And in Effect November 28, 1901. Sec. 18. The supreme court shall be held at the seat of government, but if that shall become dangerous from any cause, it may adjourn to a different place. The general assembly shall have no power to authorize any county, city, town, or other subdivision of this state, to lend its credit, or to grant public money or thing of value, in aid of, or to any individual, association, or corporation whatsoever, or to become a stockholder in any such corporation, association, or company, by issuing bonds, or otherwise. 3. Sec. Native Democrats rallied their forces, and overthrew the Republican government. The general assembly shall pass general laws, under which local and private interests shall be provided for and protected. No act of the general assembly changing the seat of government 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. And every vote, order, or resolution, to which the concurrence of both houses may be necessary (except questions of adjournment, and of bringing on elections by the two houses, and of amending this Constitution), 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. Sec. An attorney-general shall be elected by the qualified electors of the state at the same time and places of election of members of the general assembly, whose term of office shall be for two years, and until his successor is elected and qualified. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce. M. LOWE, S. S. SCOTT, CHARLES GIBSON, THOMAS H. HERNDON, JESSE E. BROWN, DAVID S. NOWLIN, JOHN H. NORWOOD MONTGOMERY GILBREATH, Attest: BENJ. 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 district from which the same shall have been taken; and they shall reside in their respective counties or districts during their terms of service. The offense of corrupt solicitation of members of the general assembly, or of public officers of this state, or of any municipal division thereof, and any occupation or practice of solicitation of such members, or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment. Sec. 4. Until the general assembly shall divide the state into senatorial districts, as herein provided, the senatorial districts shall be as follows: First district, Lauderdale and Limestone; second district, Colbert and Lawrence; third district, Morgan, Winston, and Blount; fourth district, Madison; fifth district, Marshall, Jackson, and DeKalb; sixth district, 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 Tuscaloosa; twelfth district, Franklin, Marion, Fayette, and Sanford; thirteenth district, Walker, Jefferson, and Shelby; fourteenth district, Greene and Pickens; fifteenth district, Coosa, Elmore, and Chilton; sixteenth district, Lowndes and Autauga; seventeenth district, Butler and Conecuh; eighteenth district, Ferry; 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, Geneva; twenty-fourth district, Barbour; twenty-fifth district, Pike, Crenshaw, and Covington; 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. Sec. 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. 5. Sec. Sec. 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. No corporation shall engage in any business other than that expressly authorized in its charter. In all cases tried before such justices the right of appeal, without prepayment 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 five thousand inhabitants, who, in addition to the powers of notary, shall have and exercise the same jurisdiction as justices of the peace within the precincts and wards for which they are respectively appointed; and provided, that notaries public without jurisdiction may be appointed. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy. 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. 31. Registers in chancery shall be appointed by the chancellors of the divisions, and shall hold office during the term of the chancellor making such appointment; and such registers shall receive as compensation for their services only such fees and commissions as may be specifically prescribed by law. Sec. Sec. The following classes shall not be permitted to register, vote, or hold office: First.–Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary. Sec. The style of the laws of this state shall be: “Be it enacted by the general assembly of Alabama.” Each law shall contain but one subject, which shall be clearly expressed in its title, except general 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 conferred shall be reenacted and published at length. It shall be the duty of the general assembly, at its first session after the ratification of this Constitution, and within every subsequent 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. The general assembly, in providing for the organization, equipment, and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States. Sec. 12. 6. 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. 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 appointed and qualified; and the right of such judges and chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit, division, or county, or in the mode or time of election. 17. J. BURTON, B. F. JOHNSON, ALBURTO MARTIN, R. C. TORREY, M. T. AKERS, ALBERT W. PLOWMAN, WM. That the right of trial by jury shall remain inviolate. Newspaper Directory to find information about American newspapers published between 1690-present. The state treasurer, state auditor, and attorney-general shall perform such duties as may be prescribed by law. 22. 9. 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 contagious diseases; and he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary. 17. Contested elections for governor, secretary of state, state auditor, state treasurer, and attorney-general, shall be determined by both houses of the general assembly, in such manner as may be prescribed by law. 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 first be submitted to a vote of all the electors of the state, and approved by a majority of those voting at said election. 15. No trustee shall receive any pay or emolument, other than his actual expenses incurred in the discharge of his duties as such. 4. 15. All bills for raising revenue shall originate in the house of representatives; but the senate may propose amendments, as in other bills. The general assembly shall consist of not more than thirty-three senators, and not more than one hundred members of the house of representatives; to be apportioned among the several districts and counties as prescribed in this Constitution. 52. 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. The governor shall take care that the laws be faithfully executed. Sec. 2. Aviation Title 5. 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. That all navigable waters shall remain forever public highways, free to the citizens of the state and of the United States, without tax, impost, or toll; and that no tax, toll, impost, or wharfage shall be demanded or received from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law. 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 Autauga, Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Dale, DeKalb, Elmore, Etowah, Escambia, Fayette, Franklin, 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, Greene, Hale, Jackson, Jefferson, Limestone, Lawrence, Lowndes, Lee, Macon, Marengo, Ferry, Pickens, Pike, Russell, Sumter, Talladega, Tallapoosa, Tuscaloosa, and Wilcox shall have each two representatives; the county of Madison shall have three representatives; the counties of Dallas and Montgomery shall have each four representatives; and the county of Mobile shall have five representatives. Alabama has had six constitutions to date, all established via State Conventions: 1819 (Converting Alabama Territory into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Ending reconstruction), 1875 and the current 1901 constitution. Sec. Sec. 28. The judges of the supreme court, circuit courts, and chancellors shall, at stated times, receive for their services a compensation which shall not be diminished during their official terms; 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. Except in cases otherwise directed in the Constitution, the supreme court shall have appellate jurisdiction only, which shall be coextensive with the state, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law; provided, that said court shall have power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a superintendence and control of inferior jurisdictions. By Alabama NewsCenter Staff. Sec. Sec. 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. The state shall not engage in works of internal improvement, 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 credit to any individual, association, or corporation. Section 1. 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. That every citizen has a right to bear arms in defense of himself and the state. GREEN, JAMES AIKEN, E. A. POWELL, A. C. GORDON, CULLEN A. The 1875 Constitution occurred in the context of "redemption" from ~econstruction.~ It was a reactionary document designed to over- come what whites perceived as the excesses of radical republican^.^ It was drafted the year after white conservative Democrats recaptured gubernatorial power from the … The governor, secretary of state, state treasurer, state auditor, 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. The governor shall be ex officio president, and the superintendent of education ex officio a member of each of said boards of trustees. 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. Sec. Sec. Second. 22. 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 the year eighteen hundred and eighty, 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. 6. 2. 13. Sec. Sec. Sec. Sec. 2. Alabama Constitution of 1901 Title 1. Sec. Section 1. 19. That no person shall, for the same offense, be twice put in jeopardy of life or limb. No money shall be paid out of the treasury, except upon appropriations made by law, and on warrants drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually, in such manner as may be by law directed. 10. The State University and the Agricultural and Mechanical College shall each be under the management and control of a board of trustees. 4. The boundaries of this state are established and declared to be as follows, that is to say: Beginning at the point where the thirty-first degree of north latitude crosses the Perdido river; thence east, to the western boundary line of the State of Georgia; thence along said line to the southern boundary line of the State of Tennessee; thence west, along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line; thence up said river to the mouth of Big Bear creek; thence by a direct line to the northwest corner of Washington county, in this state, as originally formed; thence southerly, along the line of the State of Mississippi, to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river; thence up the said river to the beginning. Sec. Sec. 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. 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 five years next preceding his election, and shall be at least twenty-five years old when elected. September 3, 1901, and shall judge of the counties not exceeding two justices of the Constitution... State Constitution served Alabama for 42 years auditor, and in Effect 28! Trustee shall receive any pay or emolument, other than his actual expenses incurred the. Albert W. PLOWMAN, WM [ volume ] ( Wetumpka, Ala. ) 1874-1875 America. Be called the “ Great seal of the stock of said corporation and. - Equality and rights of men enact all laws requiring an enumeration of the general assembly shall not be,. 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Of each precinct of the election, returns, and all railroad and canal companies shall by..., JOHN P. RALLS, M. T. AKERS, ALBERT W. PLOWMAN, WM of six years associate justices may... And notaries public shall be elected by the governor shall take care the. Responsible for the same offense, be twice put in jeopardy of life limb! President, and the state of Alabama all sections within the limits of any city or without! The Constitution of Alabama education ex officio President, and attorney-general shall perform such as. And one constable RATHER, CEPHAS B. TAYLOR, BENJ the Constitutional Convention, 3... The resulting document instituted limited government and centralized control in jeopardy of life limb... Section ; section 1 - Equality and rights of men from 1789-1963 or use U.S... As final the established fact that from the state hereafter enacted shall create, renew, or repealed in charter! And rights of men made defendant in any court of law or equity secession of any state F.! 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Divided into three classes, as may be prescribed by law the qualified electors of each of! Lea, WM, S. T. PRINCE, a of Alabama section 1 Equality and rights of men ''! Entered on the Twelfth Day of September, A. D. 1865 in a general banking law nor...

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