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alabama constitution 1875

Sec. 6. Sec. LEROY POPE WALKER, President. 11. Section 1. 49. 15. 2. 7. 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 … 11. 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 defendants, 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 chancellor, 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 court, or chancellor sitting as a court might do in such case. 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; provided, that if the general assembly shall be in session during such absence, they, or either of them, shall receive no compensation as members of the general assembly while acting as governor. Banks and Financial Institutions Title … EDUCATION. 27. -Those who are idiots or insane. 17. Portrait of Gov. 6. 24. 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. Sec. 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. No city, town, or other municipal corporation other than provided for in this article, shall levy or collect a larger rate of taxation, 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 interest 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, one thousand eight hundred and seventy-nine, 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 expenses of the city government, and may also, until the first day of January, one thousand eight hundred and seventy-nine, 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 one per centum, to pay existing indebtedness of said city, and the interest thereon. Sec. 6. 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 destruction. The people of this state accept as final the established fact that from the federal Union there can be no secession of any state. The house of representatives shall consist of not more than one hundred members, who shall be apportioned by the general assembly among the several counties of the state, according to the number of inhabitants in them, respectively, as ascertained by the decennial census of the United States for the year eighteen hundred and eighty; which apportionment, 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. Sec. Each house shall have power to determine the rules of its proceedings, and to punish its members, or other persons, for contempt or disorderly behavior in its presence; to enforce obedience to its process; to protect its members against violence, or offers of bribes or corrupt solicitation; and, with the concurrence of two-thirds of either house, to expel a member, but not a second time for the same cause; and shall have all the powers necessary for the legislature of a free state. Animals Title 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 the year eighteen hundred and eighty, 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. Sec. 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 United States, and shall, with the advice and consent of the senate, appoint all general officers, whose terms of office shall be for four years. 7. As Revised and Amended by the Convention Assembled at Montgomery, on the Twelfth Day of September, A. D. 1865. 6. Sec. 16. 11. Sec. 9. 38. The general assembly shall by law prescribe such rules and regulations as may be necessary to ascertain the value of personal and real property exempted from sale under legal process by this Constitution, and to secure the same to the claimant thereof as selected. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great; and that excessive bail shall not, in any case, be required. 5. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points in this state, and to connect, at the state line, with railroads of other states. Provided, that sheriffs elected on the first Monday in August, 1877, or at such other time as may be prescribed 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. 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 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. Native Democrats, known as "redeemers" and/or "Bourbons" wrote their own constitution, which was ratified in 1875. 13. The term of office of such justices and notaries public shall be prescribed by law. 9. 5. Sec. 17. 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 law. Sec. Alabama has had six constitutions to date, all established via State Conventions: 1819 (converting Alabama Territory into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Reconstruction), 1875 (ending Reconstruction), and, from 1901, the current document. The right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult, or other improper conduct. 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. 4. Alabama Democrats, also referred to as Bourbons, achieved their primary goals of lowering taxes and reducing government spending in the 1875 Constitution.They also forbade the state and municipalities from lending money for internal improvements, eliminated the State Board of Education created in 1868, segregated the state's public schools, and reduced spending for education. November 16: Alabama’s Constitution of 1875 is ratified. Sec. 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. Section 1. 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 ail the provisions of this article. Sec. Sec. Every bill shall be read on three different days in each house; and no bill shall become a law unless, on its final passage, it be read at length, and the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journals, and a majority of each house be recorded thereon as voting in its favor, except as otherwise provided in this Constitution. All able-bodied male inhabitants of this state, between the ages of eighteen years 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. Section 1. 12. 31. 2. Sec. 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 assembly, 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 or appointment, and during his continuance in office, reside in the division for which he shall have been elected or appointed. 10. Sec. Sec. Sec. No act of the general assembly shall authorize the investment of any trust fund by executors, administrators, guardians, and other trustees, in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments heretofore made. 4. 30. Sec. 5. The current Alabama Constitution (1901) is one of the longest in the United States, having over 300,000 words and more than 850 amendments. The general assembly shall not tax the property, real and personal, of the state, counties, or other municipal corporations, or cemeteries; nor lots in incorporated cities or towns, or within one mile of any city or town, to the extent of one acre, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable; nor such property, real or personal, to an extent not exceeding twenty-five thousand dollars in value, as may be used exclusively for agricultural or horticultural associations of a public character. 2. Native Democrats rallied their forces, and overthrew the Republican government. In the year 1880, at the general election for members to the general assembly, sheriffs shall be elected for four years as herein provided. 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 residence by being stationed in this state. 3. All general laws and special acts passed pursuant to this section may be altered, amended, or repealed. Sec. 26. Sec. 3. 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. That this enumeration of certain rights shall not impair or deny others retained by the people. 6. 4. Sec. 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 seven and twenty-one years; but separate schools shall be provided for the children of citizens of African descent. Sec. Sec. Every homestead, not exceeding eighty acres, and the dwelling and appurtenances thereon, 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 dwelling 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 thirteenth day of July, eighteen hundred and sixty-eight, or after the ratification of this Constitution. 38. The governor, secretary of state, state treasurer, state auditor, and attorney-general shall reside at the seat of government of this state during the time they continue in office, except in case of epidemics; and they shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected. 8. 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. 25. Sec. 19. 4. Sec. 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. Section 3 - Religious freedom. 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. That no person shall be accused, or arrested, or detained, except in cases ascertained by law, and according to the forms which the same has prescribed; and no person shall be punished, but by virtue of a law established and promulgated prior to the offense, and legally applied. Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be appointed by the governor. The general assembly shall not have the power to require the counties or other municipal corporations to pay any charges which are now payable out of the state treasury. Sec. A. MUSGROVE, JAMES D. MEADOWS, W. J. SAMFORD, GEO. And provided, that the right of eminent domain shall not be so construed as to allow taxation, or forced subscription, for the benefit of railroads, or any other kind of corporations other than municipal, or for the benefit of any individual or association. The general assembly shall not have power to authorize any municipal corporation to pass any laws inconsistent with the general laws of this state. The property of private corporations, associations, and individuals of this state, shall forever be taxed at the same rate; provided, this section shall not apply to institutions or enterprises devoted exclusively to religious, educational, or charitable purposes. Sec. Sec. No corporation shall issue preferred stock without the consent of the owners of two-thirds of the stock of said corporation. That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property; and when the government assumes other functions, it is usurpation and oppression. 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. The new constitution was marked by the outlawing of loans by state, county, or municipal governments to private business and by prohibiting the building of railroads by the state government. The general assembly shall have power to provide for the holding of circuit and chancery courts in this state, when the judges or chancellors thereof fail to attend regular terms. Senate and House of Representatives - look up and contact representatives, and obtain the text of current bills. No person hereafter convicted of embezzlement of the public money, bribery, perjury, or other infamous crime, shall be eligible to the general assembly or capable of holding any office of trust or profit in this state. The general assembly shall prescribe by law the number, duties, and compensation of the officers and employes of each house; and no payment shall be made from the state treasury, or be in any way authorized to any person, except to an acting officer or employe, elected or appointed in pursuance of law. 22. Each house shall choose its own officers, and shall judge of the election, returns, and qualifications of its members. Sec. Sec. 39. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizure or searches, and that no warrant shall issue to search any place, or to seize any person or thing, without probable cause, supported by oath or affirmation. That excessive fines shall not be imposed, nor cruel or unusual punishments be inflicted. 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 performed for the person claiming such exemption, or a mechanic’s lien for work done on the premises. 9. Sec. 16. The state treasurer, state auditor, and attorney-general shall perform such duties as may be prescribed by law. 41. 5. Sec. 28. Sec. Sec. 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. 25. Sec. 12. 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. 42. The governor shall be ex officio president, and the superintendent of education ex officio a member of each of said boards of trustees. Sec. After that the Alabama Consitution was changed in 1861, 1865, 1868, 1875 and 1901. The board for 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. SECTION 2 People source of power. 34. 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. Sec. Sec. That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty. Fitzpatrick was governor of Alabama from 1841 to 1845 and was President of the Constitutional Convention of 1865. No railroad or other transportation company shall grant free passes, or sell tickets or passes at a discount other than as 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. 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. 24. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom. 16. 5. 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. 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. [easy-social-share buttons="facebook,twitter,reddit" sharebtn_style="icon" counters=0 style="icon" template="33" point_type="simple"], Presidential Addresses, Messages & Executive Orders. Such justices shall have jurisdiction in all civil cases wherein the amount in controversy does not exceed one hundred dollars, except in cases of libel, slander, assault and battery, and ejectment. 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. 26. After the first appointment each board shall be divided into three classes, as nearly equal as may be. Agriculture Title 3. 2. Sec. 25. Sec. 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. 16. 21. November 16, 1875: After Democrats regained control of the governor’s office and state government in the 1874 election, one of their immediate goals was to “redeem” the state from Reconstruction and the Reconstructionist Constitution adopted in 1868. 17. The state treasurer and state auditor 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 claims 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 to do so by the governor or the general assembly. 25. 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. The whole number of senators shall be not less than one-fourth or more than one-third the whole number of representatives. 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 disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto; and he shall, in writing, state specifically the item or items he disapproves. Sec. The governor shall take care that the laws be faithfully executed. If the owner of a homestead die, leaving a widow, but no children, such homestead shall be exempt, and the rents and profits thereof shall inure to her benefit. Sec. The returns of every election for governor, secretary of state, state auditor, state treasurer, and attorney-general shall be sealed up and transmitted by the returning officers to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both houses of the general assembly in joint convention. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. 9. The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another. 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