Page images

objections, to that house in which it shall have originated, who shall enter the objections at large upon the journals, and the house to which such bill shall be returned shall proceed to reconsider it; if, after such reconsideration a majority of the whole number elected to that house shall vote for the passage of such bill, it shall be sent, with the objections, to the other house, by which it shall likewise be ieconsidered; if approved hy a majority of the whole number elected to that house, it shall become a law; but, in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the journals of each house respectively. If any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment, prevent its return, in which case it shall not be a law. And every order, vote or resolution to which the concurrence of both houses may be necessary (except questions of adjournment and of bringing on elections for 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.

14. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part, or parts, of the bill approved, shall be the law, and the item or items of appropriation 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.

15. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, absence from the State, or other disability, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, until the time appointed for the election of Governor shall arrive, or until the Governor who is absent, or impeached, shall return or be acquitted, or other disability be removed; and if during such vacancy in the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, die, resign, be absent from the State, or be under any other disability, the Speaker of the House of Representatives shall, in like manner, administer the government. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President of the Senate, who shall enter upon the duties of Governor; and if the Governor and President of the Senate shall both be absent from the State over twenty days, the Secretary of State shall notify the Speaker of the House of Representatives, and in such case he shall enter upon the discharge of the duties of Governor, until the return of the Governor or President of the Senate.

16. The President of the Senate and Speaker of the House of Representatives shall, during the time they respectively administer the government, receive the same compensation which the Governor would have received if he had been employed in the duties of his office: 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.

17. No person shall, at one and the same time, hold the office of Governor of this State and any other office, civil or military, either under this State, the United States, or any other State or government, except as otherwise provided in this constitution.

18. The Governor shall be commander-in-chief of the militia and volunteer forces of this State, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion, but he need not command in person, unless directed to do so by a resolution of the General Assembly; and when acting in the service of the United States, he shall appoint his staff, and the General Assembly shall fix his rank.

19. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, or Attorney-General, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twentyfive years old when elected.

20. There shall be a great seal of the State, which shall be used officially by the Governor; and the seal now in use shall

[ocr errors]

continue to be used until another shall have been adopted by the General Assembly. The said seal shall be called the “Great Seal of the State of Alabama."

21. The Secretary of State shall be the custodian of the seal of the State, and shall authenticate therewith all official acts of the Governor, his approval of laws and resolutions excepted. He shall keep a register of the official acts of the Governor, and when necessary shall attest them, and lay copies of the same together with copies of all papers relative thereto, before either house of the General Assembly, whenever required to do so, and shall perform such other duties as may be prescribed by law.

22. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the great seal, and signed by the Governor, and countersigned by the Secretary of State.

23. Should the office of Secretary of State, State Treasurer, State Auditor, Attorney-General, or Superintendent of Education, become vacant, for any of the causes specified in section fifteen of this article, the Governor shall fill the vacancy, until the disability is removed, or a successor elected and qualified.

24. The State Treasurer, State Auditor, and Attorney-Gen. eral shall perform such duties as may be prescribed by law. 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 in any matter pertaining to their office, if required by the Governor, or the General Assembly.

25. The Sate Auditor, State Treasurer, and Secretary of State, shall not after the expiration of the terms of those now in office, receive to their use any fees, costs, perquisites of office, or compensation, other than their salaries as prescribed by law; and all fees that may be payable by law, for any service performed by either of such officers, shall be paid in advance into the State Treasury.

26. A Sheriff shall be elected in each county, by the qualified electors thereof, who shall bold his office for the term of four years, unless sooner removed, and shall be ineligible to such office as his own successor: Provided, That Sheriffs elected on the first Monday in August, eighteen hundred and seventyseven, 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. In the year 1880, at the general election for members to the General Assembly, Sheriffs shall be elected for four years, as herein provided. Vacancies in the office of Sheriff shall be filled by the Governor, as in other cases; and the person appointed shall continue in office until the next general election in the county for Sheriff, as provided by law.


Julicial Department. 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Court, Courts of Probate, such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may from time to time establish, and such persons as may be by law invested with powers of a judicial nature.

2. Except in cases otherwise directed in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may be from time to time 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 general superintendence and control of superior jurisdiction.

3. The Supreme Court shall be held at the seat of government, but if that shall have become dangerous from any cause it may adjourn to a different place.

4. The State shall be divided by the General Assembly into convenient circuits, not to exceed eight in number unless increased by a vote of two-thirds of the members of each house of the General Assembly, and no circuit shall contain less than three nor more than twelve counties; and for each circuit there shall be chosen a judge, wbo shall, for one year next preceding his election and during his continuance in oftice, reside in the circuit for which he is elected.

5. The Circuit Court shall have original jurisdiction in all matters, civil and criminal, within the State, not otherwise excepted in this Constitution; but in civil cases only where the matter or sum in controversy exceeds fifty dollars.

6. A Circuit Court shall be held in each county in the State at least twice in every year, and the judges of the several circuits may hold courts for each other, when they deem it expedient, and shall do so when directed by law: Provided, That the judges of the several circuit courts shall have power to issue writs of injunction returnable into courts of chancery.

7. The General Assembly shall have power to establish a court or courts of chancery, with original and appellate jurisdic. tion. 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 division 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.

8. A chancery court shall be held in each district, at a place to be fixed by law, at least once in each year, and the chancellors may hold courts for each other, when they deem it necessary.

9. The General Assembly shall have power to establish in each county within the State a Court of Probate, with general jurisdiction for the granting of letters testamentary and of administration, and for orphans' business.

10. 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.

11. The Supreme Court shall consist of one Chief Justice and such number of Associate Justices as may be prescribed by law.

12. The Chief Justice and Associate Justices of the Supreme Court, judges of the Circuit Courts, Probate Courts, and chancellors, shall be elected by the qualified electors of the State, cir

« PreviousContinue »