point a successor, who shall hold office till the next meeting of the legislature, when the governor, by and with the advice and consent of the Senate, shall appoint a trustee, who shall hold office for the unexpired term. A trustee shall be ineligible to be elected by the board of trustees to any office pertaining to this institution. The trustees are entitled to receive payment of their actual expenses incurred in the discharge of their duties as such trustees.

Approved Sept. 8, 1923.

No. 252.)

AN ACT

(H. 172. Forman.

To require sheriffs and clerks of courts of record to prorate cost as collected in proportion, as each is entitled.

Be it enacted by the Legislature of Alabama:

Section 1. That hereafter should any costs be collected either by the clerk or sheriff, and there is not enough cost collected to pay the clerk and sheriff in full, the same must be prorated in proportion to the amount due each.

Section 2. That any clerk of the Circuit, County or other court of like jurisdiction, or sheriff, who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten nor more than one hundred dollars.

Section 3. That laws in conflict with Section one of this Act, are hereby repealed.

Approved Sept. 24, 1923.

No. 253.)

AN ACT.

(S. 337-Brooks.

To amend Section 5534 of the Code of Alabama of 1907.

Be it enacted by the Legislature of Alabama:

Section 1. That Section 5534 of the Code of Alabama of 1907 be, and it is hereby amended so as to read as follows: Section 5534: Concentration and transit privileges and rates may be permitted, fixed or prescribed by the Alabama Public Service Commission. Concentration and transit privileges and rates

may be permitted, or, upon complaint or upon its own motion after due notice and hearing, may be fixed or prescribed by the Alabama Public Service Commission upon traffic that is wholly intrastate upon such basis as is just and reasonable and as will remove any unjust discrimination or undue prejudice against intrastate commerce in favor of interstate commerce, but all such privileges and rates shall be open to all shippers and consignees for a like kind of traffic under similar circumstances and conditions, and such privileges and rates shall at all times be under the supervision, regulation and control of the Alabama public service Commission.

Approved Sept. 7, 1923.

No. 254.)

(H. 738-Goodwyn.

AN ACT..

To create and establish a Board of Jury Supervisors in every county in this State which now have or which may hereafter have a population of as much as seventy-five thousand and not more than ninety-five thousand people, according to the last federal decennial census, or any such census which may hereafter be taken; to provide that the circuit judges, the judge of probate, the sheriff and the clerk of the circuit court of all such counties shall constitute the Board of Jury Supervisors and to confer upon them all the jurisdiction and all the power and authority which is now or which may hereafter be by law vested in jury commissions in this State; to provide that they shall perform and discharge all the duties of jury commissioners without compensation, except as provided by this Act; to authorize them to elect one of their number president of such board of Jury Supervisors, and to provide that the clerk of the circuit court of all such counties shall be ex-officio clerk of such board of Jury Supervisors; to fix his salary as such clerk, the manner of its payment, and to abolish the jury commission and the clerk thereof in all such counties.

Be it enacted by the Legislature of Alabama:

Section 1. That in all counties of this State which now have or which may hereafter have a population of as much as seventyfive thousand and not more than ninety-five thousand people, according to the last federal decennial census, or any such census which may hereafter be taken, there is hereby created and established a Board of Jury Supervisors which shall be composed of the circuit judges, the judge of probate, the sheriff and the clerk of the circuit court of all such counties.

Section 2. That the Board of Jury Supervisors created and established in Section 1 of this Act shall have all the power, authority and jurisdiction which is now conferred by law or which may hereafter be conferred by law upon jury commissions

in this State. The members of such Board of Jury Supervisors, except as hereinafter provided, shall perform and discharge their duties without compensation.

Section 3. The circuit judges, the judge of probate, the sheriff and the clerk of the circuit court of all counties in this State which now have or which may hereafter have a population of as much as seventy-five thousand and not more than ninetyfive thousand people, according to the last Federal decennial census, or any such census which may hereafter be taken, shall, within ten days after the approval of this Act by the Governor meet and organize as such Board of Jury Supervisors by electing one of their number President of the Board of Jury Supervisors, and shall thereupon begin the discharge of the duties imposed upon and required of them by this Act. Any three of them shall be a quorum for the transaction of any and all busi

ness.

Section 4. The clerk of the circuit court of such counties shall be ex-officio clerk of the Board of Jury Supervisors in such counties, and shall take the oath and perform all the duties now required by law of clerks of jury commissions in this State. Said clerk of the Board of Jury Supervisors shall receive for his services as such the sum of nine hundred dollars per year, payable in twelve equal monthly installments, out of the treasury of such county upon the order of the President of the Board of Jury Supervisors.

Section 5. Upon the organization of the judges of the circuit court, the judge of probate, the sheriff, and the clerk of the circuit court as the Board of Jury Supervisors, the persons now acting as jury commissioners in said counties shall deliver to the Board of Jury Supervisors the jury roll, all books, papers, cards, and other records of such present jury commission.

Section 6. That the jury commission, and the clerk thereof, in all counties in this State which now have or which may hereafter have a population of as much as seventy-five thousand and not more than ninety-five thousand people, according to the last federal decennial census, or any such census which may hereafter be taken, be and such jury commission and the clerk thereof are hereby abolished.

Section 7. All laws and parts of laws, general, local or special, in conflict with the provisions of this Act be and the same are hereby expressly repealed.

Section 8. This Act shall take effect upon its approval by the Governor.

Approved Sept. 6. 1923.

No. 255.)

(H. J. R. 185-Hatter.

HOUSE JOINT RESOLUTION.

For the observance of the 14th day of December of each year as "Alabama Day."

WHEREAS, our glorious State of Alabama and her rich, uparalleled and inexhaustible resources of wealth are now attracting National if not World-wide attention and interest, and

WHEREAS, it is the part of wisdom and prudence that our young, as well as our adult population should be kept keenly alive and well-informed in regard to these marvelous resources as well as to the past glories and achievements of our Commonwealth and her citizens,

THEREFORE, BE IT RESOLVED that the Governor of Alabama shall each and every year hereafter issue on December 1st, or on some other suitable day, an official and executive proclamation for a state-wide and patriotic observance of the 14th day of December as "Alabama Day." Provided, it shall not be a Legal Holiday.

Approved Sept. 7, 1923.

No. 256.)

(H. J. R. 112-Long.

HOUSE JOINT RESOLUTION.

WHEREAS, three clerks that were authorized under the report of the Joint Committee raised under the provisions of S. J. R. No. 86 to investigate and report on the clerical employees of the Legislature have been at work since July 10th, 1923, and

WHEREAS, said report of the Joint Committee was not adopted by the House and Senate until the Second day of August, 1923, and

WHEREAS, the said three clerks have not been paid for the services rendered by them from the 10th. day of July, 1923, to and including the 1st. day of August, 1923;

NOW THEREFORE: BE IT RESOLVED BY THE HOUSE, THE SENATE CONCURRING, that said three clerks shall be paid for their services from the 10th. day of July, 1923, to and including the 1st. day of August, 1923, the same per diem as they are authorized by law to receive and that the proper certificate for payment for such services shall be given them by the officers of the House of Representatives.

Approved Sept. 7, 1923.

No. 257.)

(S. J. R. 136. Randall.

SENATE JOINT RESOLUTION.

WHEREAS, several hundred officers of the United States navy, from the South, resigned from the service in 1861 to cast their fortunes with their Native States, the resignations of the following one hundred and thirty-six were not accepted: CAPTAINS: French Forrest, Franklin Buchanan, Samuel Barron, George N. Hollins, COMMANDERS: William T. Muse, Robert G. Robb, Archibald B. Fairfax, Richard L. Page, Arthur Sinclair, John R. Tucker, William McBlair, Thomas R. Rootes, Chas. E. McIntosh, Sidney Smith Lee, Thomas L. Page, Thomas T. Hunter, Matthews F. Maury, John K. Mitchell, Chas. H. A. Kennedy, LIEUTENANTS: John Taylor Wood, Chas. M. Fauntleroy, George T. Sinclair, Robert B. Pegram, Washington Gwathmey, James H. Rochelle, William Sharp, Chas. F. Spottswood, Carter B. Poindexter, John S. Maury, John V. Bennett, Harry H. Lewis, John Wilkinson, William H. Parker, William L. Powell, John M. Brooks, Peter U. Murphey, Williams H. Mendaugh, Edward L. Winder, Charles C. Simms, Robert D. Minor, Oscar G. Johnston, Hunter Davidson, Isaac N. Brown, Silas Bent, J. Pembroke Jones, Joseph N. Barney, David P. McCorkle, Charles W. Hays, Alphonse Barbot, Van R. Morgan, Hamilton H. Dalton, George S. Shryock, Joseph W. Alexander, Francis E. Sheppard, John J. Guthrie, William H. Ward, Thomas K. Porter, Wm. P. A. Campbell, Henry K. Stevens, B. P. Lovall, Walter R. Butt, Julian Myers, Alex M. DeBree, Dulaney A. Forrest, William T. Glassell, Nicholas H. Van Zandt, John H. Parker, James Iredell Waddell. SURGEONS: Lewis W. Minor, Wm. B. Sinclair, Randolph F. Mason, James F. Harrison, William H. Page, Daniels S. Green, Richard W. Jeffrey, PASSED ASSISTANT SURGEONS: Charles W. Williams, H. W. M. Washington, J. W. B. Greenhow, ASSISTANT SURGEON: Joseph Grafton, Fred Van Bibber, Algernon S. Garnett, Bennett W. Green, John W. Sanford, Robert J. Freeman, Marcellus P. Christian, James E. Lindsey, James W. Herty, O. S. Iglehart; PAYMASTERS: George W. Clark, John DeBree, John Johnson, Richard T. Allison, James E. Harwood, Frelix Senac, Thomas E. Ware, James A. Semple, MIDSHIPMEN: Edward G. Read, Thomas L. Dornin, James L. Hoole, Francis L. Hodge, Samuel W. Averett, James L. Taylor, George A. Borchert, Thomas L. Harrison, Henry D. Claiborne, Hilary Cenas, Arthur D. Wharton, CHIEF ENGINEERS: Michael Quinn, Wm. P. Williamson, Thomas A. Jackson, James H. Warner, 1st ASST. ENGINEERS: Edward W. Manning, Henry A. Ramsey, Virginius Freeman, George W. City, 2nd ASST. ENGINEERS: John W.