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Sec. 5. The income arising from the sixteenth-section trust-fund, the surplus-revenue fund, until it is called for by the United States Government, and the funds enumerated in sections three and four of this article, with such other moneys, to be not less than one hundred thousand dollars per annum, as the general assembly shall provide by taxation or otherwise, shall be applied to the support and maintenance of the public schools, and it shall be the duty of the general assembly to increase, from time to time, the public school fund, as the condition of the treasury and the resources of the State will admit.
Sec. 6. Not more than four per cent. of all moneys raised, or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such schools: Provided, That the general assembly may, by a vote of two-thirds of each house, suspend the operation of this section.
Sec. 7. 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. 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.
Sec. 8. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian or denominational school.
SEC. 9. The State University and the Agricultural and Mechanical College shall each be under the management and control of a board of trustees. 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. The board for the Agricultural and Mechanical College shall consist of two members from the congressional district in which the college is located, and one from each of the other congressional districts in the State. Said trustees shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold office for a term of six years, and until their successors shall be appointed and qualified. After the first appointment each board shall be divided into three classes, as nearly equal as may be. The seats of the first class shall be vacated at the expiration of two years, and those of the second class in four years, and those of the third class at the end of six years from the date of appointment, so that one-third may be chosen biennially. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. The governor shall be ex officio president, and the superintendent of education ex officio a member of each of said boards of trustees.
Sec. 10. The general assembly shall have no power to change the location of the State University or the Agricultural and Mechanical College as now established by law, except upon a vote of two-thirds of the members of the general assembly, taken by yeas and nays, and entered upon the journals.
SEC. 11. The provisions of this article, and of any act of the general assembly, passed in pursuance thereof, to establish, organize, and maintain a system of public schools throughout the State, shall apply to Mobile County only so far as to authorize and require the authorities designated by law to draw the portion of the funds to which said county will be entitled for school purposes, and to make reports to the superintendent of education as may be prescribed by law. 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.
SECTION 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal, manufacturing, mining, immigration, industrial, and educational purposes, or for constructing canals, or improving navigable rivers and harbors of this State, and in cases where, in the judgment of the general assembly, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section may be altered, amended, or repealed.
SEC. 2. 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.
Sec. 3. The general assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any general or special law for the benefit of such corporation, other than in execution of a trust created by law or by contract, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this constitution.
SEC. 4. No foreign corporation shall do any business in this State without having at least one known place of business, and an authorized agent or agents therein; and such corporation may be sued, in any county where it does business, by service of process upon an agent anywhere in this State.
SEC. 5. No corporation shall engage in any business other than that expressly authorized in its charter.
Sec. 6. No corporation shall issue stock or bonds, except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. 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.
Sec. 7. 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 general assembly is hereby prohibited from depriving any person from an appeal from any preliminary assessment of damages against any such corporations or individuals, made by viewers or otherwise; and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury according to law.
Sec. 8. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her.
Sec. 9. No corporation shall issue preferred stock without the consent of the owners of two-thirds of the stock of said corporation.
Sec. 10. The general assembly shall have the power to alter, revoke, or amend any charter of incorporation now existing, and revokable at the ratification of this constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the State, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew, or extend the charter of more than one corporation.
Sec. II. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and connect the same with other lines; and the general assembly shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in the stock or bonds of, any other telegraph company owning a competing line, or acquire, by purchase or otherwise, any other competing line of telegraph.
SEC. 12. 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. 13. The term “corporation," as used in this article, shall be construed to include all joint-stock companies, or any associations having any of the powers or privileges of corporations not possessed by individuals or partnerships.
BANKS AND BANKING.
Sec. 14. The general assembly shall not have the 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. 15. No bank shall be established otherwise than under a general banking law, as provided in the thirteenth section of this article, nor otherwise than upon a specie basis.
Sec. 16. 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. 17. 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.
SEC. 18. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, unless the general assembly shall extend the time, and promptly thereafter close its business, but shall have corporate capacity to sue, and shall be liable to suit, until its affairs and liabilities are fully closed.
SEC. 19. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.
Sec. 20. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given or loaned to any banking company, association, or corporation.
RAILROADS AND CANALS. SEC. 21. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. 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. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and shall receive and transport each the other's freight, passengers, and cars, loaded or empty, without delay or discrimination.
Sec. 22. The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freights and passenger tariffs on railroads, canals, and rivers in this State.
SEC. 23. 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.
SEC. 24. No street passenger railway shall be constructed within the limits of any city or town without the consent of its local authorities.
Sec. 25. 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 all the provisions of this article.
EXEMPTED PROPERTY. SECTION 1. The personal property of any resident of this State to the value of $1,000, to be selected by such resident, shall be exempted from sale on execution, or other process of any court, issued for the collection of any debt contracted since the 13th day of July, 1868, or after the ratification of this constitution.
SEC. 2. 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 resi. dent of this state, and not exceeding the value of two thousand dollars, shall be exempt from sale on execution or any other process from a court, for any debt contracted after the adoption of this constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or 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. Ihe 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.
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
SEC. 7. The right of exemptions hereinbefore secured may be waived by an instrument in writing, and when such waiver relates to reality, the instrument must be signed by both the husband and wife, and attested by one witness.
OATH OF OFFICE.
SECTION 1. All members of the general assembly, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation, to wit: “I,
-, solemnly swear (or affirm, as the case may be] that I will support the Constitution of the United States, and the constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability: So help me God."
Which oath may be administered by the presiding officer of either house of the general assembly, or any officer authorized by law to administer an oath.
SECTION 1. No person holding an office of profit under the United States, except postmasters whose annual salary does not exceed two hundred dollars, shall, during his continuance in such office, hold any office of profit under this State; nor shall any person hold two offices of profit at one and the same time under this State, except justices of the peace, constables, notaries public, and commissioners of deeds.
Sec. 2. It is made the duty of the general assembly to enact all laws necessary to give effect to the provisions of this constitution.
MODE OF AMENDING THE CONSTITUTION.
SECTION 1. The general assembly may, whenever two-thirds of each house shall deem it necessary, propose amendments to this constitution, which, having been read three times on three successive days, shall be duly published, in such manner as the general assembly may direct, at least three months before the next general election for representatives, for the consideration of the people; and it shall be the duty of the several returning-officers, at the next general election which shall be held for representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make a return of said vote to the secretary of state; and if it shall thereupon appear that a majority of all the qualified electors of the State, who voted for representatives, voted in favor of the proposed amendments, said amendments shall be valid to all intents and purposes as parts of this constitution, and the results of such election shall be made known by proclamation of the governor.
SEC. 2. No convention shall hereafter be held for the purpose of altering or amending the constitution of this State, unless the question of convention or no convention shall be first submitted to a vote of all the electors twenty-one years and upwards, and approved by a majority of electors voting at said election.
L. P. WALKER, President. B. H. SCREWS, Secretary.