Abbildungen der Seite
PDF
EPUB

Sec. 2. The commissioner of industrial resources shall collect and condense statistical information concerning the productive industries of the State; and shall make, or cause to be made, a careful, accurate, and thorough report upon the agriculture and geology of the State, and annually report such additions as the progress of scientific development and extended explorations may require. He shall, from time to time, disseminate among the people of the State such knowledge as he may deem important, concerning improved machinery and production, and for the promotion of their agricultural, manufacturing, and mining interests; and shall send out to the people of the United States and foreign countries such reports concerning the industrial resources of Alabama as may best make known the advantages offered by the State to emigrants; and shall perform such other duties as the general assembly may require.

Sec. 3. It shall be the duty of the general assembly, at the first session after the adoption of this constitution, to pass such laws and regulations as may be necessary for the government and protection of this bureau, and also to fix and provide for the compensation of the commissioner.

Sec. 4. This bureau shall be located, and the commissioner shall reside at the capital of the State, and he shall annually make a written or printed report to the governor of the State, to be laid before the general assembly at each session.

Sec. 5. In case of the death, removal, or resignation of the commissioner, the governor, with the approval of the senate, shall have power to appoint a commissioner for the unexpired term.

ARTICLE XIII.

CORPORATIONS. SECTION 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All general laws, and special acts passed pursuant to this section, may be altered, amended, or repealed.

SEC. 2. Dues from corporations shall be secured by such individual liabilities of the corporators or other means as may be prescribed by law.

Sec. 3. Each stockholder in any corporation shall be liable to the amount of stock held or owned by him.

Sec. 4. The property of corporations now existing, or hereafter created, shall forever be subject to taxation the same as property of individuals, except corporations for educational and charitable purposes.

Sec. 5. No right of way shall be appropriated to the use of any corporation, until sull compensation therefor be first made in money, or secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men in a court of record, as shall be prescribed by law.

Sec. 6. The general assembly shall not have power to establish or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this constitution.

Sec. 7. No bank shall be established, otherwise than under a general banking law, as provided in the first section of this article.

Sec. 8. The general assembly may enact a general banking law, which law shall provide for the registry and countersigning by the governor of the State of all papercredit designed to be created as money; and ample collateral security, convertible into specie, or the redemption of the same in gold or silver, shall be required, and such collateral security shall be under the control of such officer or officers as may be prescribed by law.

Sec. 9. All bills or notes issued as money, shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension by any bank or banking company, of specie payment.

Sec. 10. Holders of bank-notes shall be entitled, in case of insolvency, to preference of payment over all other creditors.

SEC. 11. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, and promptly there. after close its business.

SEC. 12. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.

SEC. 13. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given or lent to any banking company, association, or corporation, except for the purpose of expediting the construction of railroads, or works of internal improvement, within the State, and the credit of the State shall, in no case, be given or lent without the approval of two-thirds of both houses of the general assembly.

Sec. 15. All corporations shall have the right to sue and shall be subject to be sued, in all courts, in like cases as natural persons.

Sec. 16. It shall be the duty of the general assembly to provide for the organization of cities and incorporated towns, and to restrict their power of taxation, assessment, and contracting of debt.

ARTICLE XIV.

EXEMPTED PROPERTY. SECTION 1. The personal property of any resident of this State to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other final process of any court, issued for the collection of any debt contracted after the adoption of this constitution.

SEC. 2. Every homestead, not exceeding eighty acres of land, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any town, city, 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 final process from a court, from any debt contracted after the adoption of this constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage cr other alienation of such homestead, by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife of the same.

Sec. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted after the adoption of this constitution, in all cases, during the minority of the children.

Sec. 4. The provisions of sections i and 2 of this article shall not be so construed as to prevent a laborers' lien for work done and performed for the person claiming such exemption, or a inechanics' lien for work done on the premises.

Sec. 5. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall inure to her benefit.

Sec. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may afterward 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.

ARTICLE XV.

OATH OF OFFICE. SECTION 1. All civil officers of this State, legislative, executive, and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath: 1,

do solemnly swear (or affirm) that I am not disfranchised by the constitution of Alabama, or by the Constitution or laws of the United States; that I will honestly and faithfully support and defend the Constitution and laws of the United States, the Union of the States, and the constitution and laws of the State of Alabama, so long as I remain a citizen thereof; and that I will honestly and faithfully discharge the duties of the office upon which I am about to enter to the best of my ability. So help me God.

[graphic]

they have, at all times, an inalienable and indefeasible right to change their forin of government, in such manner as they may deem expedient.

SEC. 4. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination, or mode of worship; that no one shall be compelled by law to attend any place of worship, nor to pay any tithes, taxes, or other rate, for building or repairing any place of worship, or foi maintaining any minister or ministry; that no religious test shall be required as a qualification to any office or public trust under this State; and that the civil rights, privileges, and capacities of any citizen shall not be in any manner affected by his religious principles.

SEC. 5. That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Sec. 6. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures 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.

Sec. 7. That in all criminal prosecutions the accused has a right to be heard by himself and counsel, or either; to demand the nature and cause of the accusation; to have a copy thereof; to be consronted by witnesses against him ; to have compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment a speedy public trial by an impartal jury of the county or district in which the offence was committed; and that he shall not be compelled to give evidence against himself, nor be deprived of his life, liberty, or property, but by due process of law.

Sec. 8. 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 offence, and legally applied.

Sec. 9. That no person shall, for any indictable offence, be proceeded against criminally, by information, except in cases arising in the militia and volunteer forces when in actual service, or by leave of the court, for misfeasance, misdemeanor, extortion, and oppression in office, otherwise than as is provided in this constitution: Provided, That in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, and other misdemeanors, the general assembly may, by law, dispense with a grand jury, and authorize such prosecutions and proceedings before justices of the peace or such other inferior courts as may be by law established.

Sec. 10. That no person shall, for the same offence, be twice put in jeopardy of life or limb.

SEC. 11. That no person shall be debarred from prosecuting or defending, before any tribunal in the State, by himself or counsel, any civil cause or proceeding to which he is a party.

Sec. 12. That the right of trial by jury shall remain inviolate.

SEC. 13. That in prosecutions for the publication of papers investigating the official conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel the jury shall have the right to determine the law and the facts under the direction of the court.

SEC. 14. That all courts shall be open, and that every person, for any injury done him in his lands, goods, person, or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial, or delay.

Sec. 15. The State of Alabama shall never be made defendant in any court of law or equity.

Sec. 16. That excessive fines shall not be imposed, nor cruel or unusual punish. ments inflicted.

SEC. 17. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences when the proof is evident or the presumption great. Excessive bail shall not, in any case, be required.

Sec. 18. The privilege of the writ of habeas corpus shall not be suspended by tlie authorities of this State.

Sec. 19. That treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and that no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his own confession in open court.

SEC. 20. That no person shall be attainted of treason by the general assembly; and that no conviction shall work corruption of blood or forfeiture of estate.

SEC. 21. That no person shall be imprisoned for debt.

SEC. 22. That no power of suspending laws shall be exercised, except by the general assembly.

Sec. 23. That no ex post facto law, nor any law impairing the obligation of contracts, or making any irrevocable grants of special privileges or immunities, shall be passed by the general assembly.

Sec. 24. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the general assembly from taking the property and franchises of incorporated companies and subjecting them to public use the same as indi. viduals. But private property shall not be taken for or applied to public use, unless just compensation be first made therefor; nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owners: Provided, however, That the general assembly may, by law, secure to. persons or corporations the right of way over the lands of other persons or corporations, and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner: 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.

SEC. 25. 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.

SEC. 26. That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances, or other purposes, by petition, address, or remonstrance.

Sec. 27. That every citizen has a right to bear arms in defence of himself and the

State.

SEC. 28. That no standing army shall be kept up without the consent of the general assembly; and, in that case, no appropriation for its support shall be made for a longer term than one year; and the military shall, in all cases and at all times, be in strict subordination to the civil power.

Sec. 29. 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.

Sec. 30. That no title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior.

SEC. 31. That immigration shall be encouraged, emigration shall not be prohibited, and no citizen shall be exiled.

Sec. 32. That temporary absence from the State shall not cause a forfeiture of residence once obtained.

SEC. 33. That no form of slavery shall exist in this State, and there shall be no involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.

Sec. 34. 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.

« ZurückWeiter »