« PreviousContinue »
cuits, counties and chancery divisions for which such courts may be established, at such times as may be prescribed by law.
13. The judges of such inferior courts of law and equity as may be by law established, shall be appointed in such mode as the General Assembly may prescribe.
14. The Judges of the Supreme Court, Circuit Courts, chancellors, and the judges of the city courts, shall have been citi. zens of the United States and of this State five years next preceding their election or appointment, and shall not be less than twenty-five years of age, and learned in the law.
15. 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 office for the full time hereby prescribed, shall not be affected by any change hereafter made by law in any circuit, division or county in the mode or time of election.
16. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State; the judges of the circuit courts within their respective circuits, and the judges of the inferior courts within their respective juris. dictions, shall in like manner be conservators of the peace.
17. Vacancies in the office of any of the judges or chancellors of this State shall be filled by appointment by the Governor, and such appointee shall hold his office for the unexpired term and until his successor is elected or appointed and qualified.
18. 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 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. If the case be a civil one and the parties, or their attorneys of record do not agree, or if the case be a criminal one and the prosecuting officer and the defendant or defendants do not agree
upon a special judge or chancellor, or if either party in a special cause is not represented in court, the clerk of the circuit or city court, or register in chancery of the court in which said cause is pending, shall appoint the special judge or chancellor, who shall preside, try and render judgments as in this section provided.
19. 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.
20. No judge of any court of record in this State, shall practice law in any of the courts of this State or of the United States.
21. 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:
22. A clerk of the Supreme Court shall be appointed by the judges thereof and shall hold office during the term of the judges making the appointment, and clerks of such inferior courts as may be established by law shall be appointed by the judges thereof, and shall hold office during the term of the judge making such appointment.
23. Clerks of the Circuit Court shall be elected by the qualified electors in each county, for the term of six years. Vacancies in such office shall be filled by the Governor for the unex. pired term.
24. 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.
25. A solicitor for each judicial circuit shall be elected by joint ballot of the General Assembly, who shall be learned in the law, and who shall, at the time of his election, and during his continuance in office, reside in the circuit for which he is chosen, and whose term of office shall be for six years: Provided, That the General Assembly, at the first session thereof after the ratification of this Constitution shall, by joint ballot, elect a solicitor for each judicial circuit of the State, whose term of office shall begin on Tuesday after the first Monday in November, 1876, and continue for four years: And provided, That the
General Assembly may, when necessary, provide for the election or appointment of county solicitors.
26. There shall be elected by the qualified electors of each precinct of the counties, not exceeding two justices of the peace and one constable. 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.
In all cases tried before such justices, the right of appeal, without repayment 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 inhabitanas, 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 such jurisdiction may be appointed. The term of office of such justices and notaries public shall be prescribed by law.
27. 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. After his election he shall reside at the seat of government, and shall be the law officer of the State, and shall perform such duties as may be required of him by law.
28. The style of all process shall be “The State of Alabama," and all prosecutions shall be carried on in the name and by the authority of the same, and shall conclude " Against the peace and dignity of the State."
Impeachments. 1. The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Education and judges of the Supreme Court, may be removed from office for willful neglect of duty, corruption in office, 'habitual drunkenness, incompetency, or any offense involving moral turpitude while in office, or committed under color thereof or connected therewith, by the Senate, sitting as a court for that purpose, under
oath or affirmation, on articles or charges preferred by the House of Representatives.
2. The chancellors, judges of the circuit courts, judges of the probate courts, solicitors of the circuits and judges of the inferior courts, from which an appeal may be taken directly to the Supreme Court, may be removed from office for any of the causes specified in the preceding section, by the Supreme Court, under such regulations as may be prescribed by law.
3. The Sheriffs, clerks of the circuits, city or criminal courts, Tax Collectors, Tax Assessors, County Treasurers, Coroners, Justices of the Peace, Notaries Public, Constables, and all other county officers, Mayors and Intendants of incorporated cities and towns in this State, may be removed from office for any of the causes specified in section one of this article, by the circuit, city or criminal court of the county in which such officers hold their office, under such regulations as may be prescribed by law: Provided, That the right of trial by jury and appeal in such cases be secured.
4. 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 and punishment as prescribed by law.
Suffrage and Election. 1. Every male citizen of the United States, and every male person of foreign birth who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old, or upwards, possessing the following qualifications, shall be an elector and shall be entitled to vote at any election by the people, except as hereinafter provided: First. He shall have resided in this State at least one year immediately preceding the election at which he offers to vote. 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.
2. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.
3. 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. Second. Those who are idiots or insane.
4. 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.
5. The General Assembly shall pass laws, not inconsistent with the Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State. The General Assembly may, when necessary, provide by law for the registration of electors throughout the State, or in any incorporated city or town thereof, and when it is so provided no person shall vote at any election unless he shall have registered, as required by law.
6. It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections.
7. Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, State Auditor, State Treasurer and Attorney-General, and for the members of the General Assembly, shall be made to the Secre. tary of State.
Representation. 1. The whole number of Senators shall be not less than onefourth, or more than one-third, of the whole number of representatives.
2. 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