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. 32. Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be appointed by the governor. 5. That all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. 22. Back to Alabama Day Suggested Activities Sec. 6. Sec. 13. 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. 10. G. LITTLE, JR., W. GARRETT, JOHN MANASCO, LEWIS M. STONE, WILEY COLEMAN, ANDREW C. HARGROVE, EVAN G. RICHARDS, HENRY W. LAIRD, WM. 16. 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. Sec. Alabama has had six constitutions to date, all established via State Conventions: 1819 (converting Alabama Territory into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Reconstruction), 1875 (ending Reconstruction), and, from 1901, the current document. 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 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. 16. 22. There shall be elected by the qualified electors of each precinct of the counties not exceeding two justices of the peace and one constable. Sec. 47. No bill shall become a law until it shall have been referred to a committee of each house and returned therefrom. Sec. That the exercise of the right of eminent domain shall never be abridged, nor 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 individuals; but private property shall not be taken or applied for 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 owner; provided, however, that the general assembly may, by law, secure to persons or corporations the right of way over the lands of other 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. Sec. C. OATES, STEPHEN C. ALLGOOD, SAMUEL J. BOLLING, LEROY BREWER, JOHN T. HEFLIN, JULIUS G. ROBINSON, SAMUEL FORWOOD, JOHN GREEN, ROBERT A. That all bonds executed by or to any officer of this state, all recognizances, obligations, and all other instruments executed to this state, or any subdivision or municipality thereof, before the ratification of this Constitution, and all fines, taxes, penalties, and forfeitures due and owing to this state, or any subdivision, or to any municipality thereof; and all writs, suits, prosecutions, claims and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the ratification of this Constitution. If at said election the said Constitution shall be found to have been ratified by a majority of all the qualified electors voting at said election, the said new Constitution, so ratified, shall go into effect as the new Constitution of the State of Alabama within the time stated in the proclamation of the governor, and shall thereafter be binding and obligatory as such upon all the people of this state, according to the provisions of said act, approved nineteenth day of March, anno domini eighteen hundred and seventy-five. 17. A member of either house expelled for corruption shall not thereafter be eligible to either house, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense. 3. 23. Section 1. 5. A new constitution was adopted in 1875, which omitted the guarantee of the previous constitution that no one should be denied suffrage on account of race, color or previous condition of servitude. Image of Benjamin Fitzpatrick, President of the 1865 Constitutional Convention. 7. Sec. The general assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this state; and all acts, or parts of acts, heretofore passed by the general assembly of this state, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided. Sec. No trustee shall receive any pay or emolument, other than his actual expenses incurred in the discharge of his duties as such. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the general assembly, after the titles have been publicly read immediately before signing, and the fact of signing shall be entered on the journal. Sec. 4. 2. 7. 46. Sec. 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. Section 1. Members of the general assembly shall, in all cases, except treason, felony, violation of their oath of office, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. The governor shall be at least thirty years of age when elected, and shall have been a citizen of the United States ten years, and a resident citizen of this state at least seven years next before the day of his election. Sec. Sec. 16. 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. 10. 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, eighteen hundred and seventy-six, and continue for four years; and provided, that the general assembly may, when necessary, provide for the election or appointment of county solicitors. 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