LIBRARY 
 
 University of California. 
 
 OIF^T OK 
 
 Receive, 
 Accession No. 
 
 'ived , igo 
 
 82734 
 
 Class No. 
 
PUBLIC SCHOOL lf\m 
 
 OF THE 
 
 state: of ALABAMA. 
 
 TOGETHER WITH 
 
 FORMS FOR TEACHERS, OFFICERS AND 
 THE CONSTITUTION OF ALABAMA. 
 
 AND A REVISED LIST OF 
 
 COUNTY AND CITY SUPERINTENDENTS. 
 
 BY 
 JOHN O.TURNEIR, 
 
 SUPERINTENDENT OF EDUCATION. 
 
 MONTGOMERY, ALA.: 
 
 RoEMER Printing Company, Printers for the State. 
 
 1895. 
 
OFFICERS OF THE STATE GOVERNMENT. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Governor Wm. C. Gates of Ilenrj'. 
 
 Presidentof the Senate. Francxs L. Pettur. " Dallas. 
 
 Speaker of the House. .Thomas H. Clark. Montgomery. 
 
 EXECUTIVE DEPARTMENT. 
 
 Governor Wm. C. Gates .of Henry. 
 
 Secretary of Sfftto James Kirkmax Jackson. . " Lauderdale. 
 
 Treasurer . J. Craig Smith " Dallas. 
 
 Auditor Jno. Purifoy . " Wilcox. 
 
 Attorney-General . . Wm. C. Fitts " Tuskaloosa. 
 
 Sup't of Education .Kn. O. T; rner "St. Clair. 
 
 R \Tr,1?OAD rO^MMfSSTOXKUP. 
 
 Henry R. Shorter, President 
 
 Ross C. Smith, Associate 
 
 H.ARVEY E. Jones, Associate. . 
 
 of Barbour. 
 
 . " Jefferson. 
 
 '■ Mobile. 
 
 JUDICIAL DEPARTMENT. 
 
 SUPRE.ME COURT. 
 
 Chief Justice Robekt C. Briokki.l. 
 
 Aijsociati* Justice . Thomas N. ^[cCi.klt.an 
 
 " " TnOM.\S W. Coi.EMAX 
 
 " " Jon. H.xralson 
 
 " " James B. Head 
 
 of Madi.son. 
 " Tiimestone. 
 " Gre(Mie. 
 ■" Dallas. 
 " Jefferson. 
 
aM'FrCER* OF THE STATE GOVERNMENT. 
 
 CIRCUIT .IL'BUKS. 
 
 Fii'-<t Cirfnit Jxo. C. Anderson of Mai-engo. 
 
 Second Circait Jxo. R. Tysox " Montgomery. 
 
 Third Circuit J. M. Carmichael " Dale. 
 
 Fourth Circuit. .... .John Moore " Perry. 
 
 Fifth Circuit .... N. D. Denson "Chambers. 
 
 Sixth Circuit S. H. Sprott " Sumter. 
 
 Seventh Circuit. . . .Geo. S. Brewbr " Talladega. 
 
 I ighth Circuit H. C. Speake " Madison. 
 
 Ninth Cii"cuit .T. A. Bii.btio " Etowah. 
 
 Tenth Circuit J. .T. Baxks . . " .Tefferson. 
 
 Eleventh Circuit. Thos. R. Roulhac " Colbert. 
 
 Twelfth Circuit. . . .J W. Foster " Henry. 
 
 Thirteenth Circuit. . Wm. S. Axdersox " Mobile. 
 
 Northeastern Division. . 
 Northwestern Division 
 Southeastern Division. . 
 Southwestern Division . 
 Northern Division 
 
 CHANCELLORS. 
 
 S. K. MoSpadden of Cherokee. 
 
 Thomas Cobbs " Jefferson. 
 
 Jere N. Williams " Barbour. 
 
 .Wm.. H. Tayloe " Marengo. 
 
 . Wm. H. Simpson " Morgan. 
 
 MEISIBERS OF CONGRESS. 
 
 senators. 
 
 Senior Jxo, T. Morcjan of Dallas. 
 
 Junior Jas. L. Pugh " Barbour. 
 
 representatives. 
 
 1st District Rtchard H. Clarke " Mobile. 
 
 2d District Jesse ¥. St.\li ings " Butler. 
 
 3d District George P. Harrison " Lee 
 
 4th District Gaston A. Robbins " Dallas. 
 
 5th District Jambs E. Cobb . " Macon. 
 
 6th District Jno. H. Bankhead " Fayette. 
 
 " DeKalb. 
 
 " Lawrence. 
 
 9th District Oscar W. Uxijeewood " Jefferson.. 
 
 7th District M. W. Howard. . 
 
 8th District Joseph Wheeler. 
 
PUBLIC ECHDOL Ifim 
 
 OF THE 
 
 state: OF ALABAMA. 
 
 TOGETHER WITH 
 
 FORMS FOR TEACHERS, OFFICERS AND 
 THE CONSTITUTION OF ALABAMA, 
 
 AND A REVISED LIST OF • 
 
 COUNTY AND CITY SUPERINTENDENTS. 
 
 BY 
 JOHN O.TURNEIR, 
 
 SUPERINTENDENT OF EDUCATION. 
 
 MONTGOMERY, ALA. : 
 
 RoEHEB Printing Compant, Printers for the State. 
 
 1895. 
 

UNrVERSITT 
 
 CONSTITUTIONAL PROVISIONS. 
 
 STATE CONSTITUTION. 
 Article XIII. 
 
 EDUCATION. 
 
 Section 1. The General Assembly shall establish , or- 
 ganize and maintain a system of public schools through- 
 out the State for the equal benefit of the children there- 
 of, between the ages of seven and twenty-one years ; but 
 separate schools shall be provided for the children of 
 citizens of African descent. 
 
 Sec 2. The principal of all funds arising from the 
 sale or other dispositions of lands or other property, 
 which has been or may hereafter be granted or entrusted 
 to this State, or given by the United States, for educa- 
 tional purposes, shall be preserved inviolate and undi- 
 minished ; and the incomes arising therefrom shall be 
 faithfully applied to the specific objects of the original 
 grants or appropriations. 
 
 Sec 3. All lands or other property given by indi- 
 viduals, or appropriated by the State for educational pur- 
 poses, and all estates of deceased persons who die with- 
 out leaving a will or heir, shall be faithfully applied to 
 the maintenance of the public schools. 
 
 Sec 4. The General Assembly shall also provide for 
 the levying and collection of an annual poll tax, not to ex- 
 ceed one dollar and fifty cents on each poll, which shall 
 lae applied to the support of the public schools in the 
 counties in which it is levied and collected. 
 
 Sec. 5. The income arising from the sixteenth sec- 
 
 82734 
 
tion trust fund, the surplus revenue fund, until it is 
 called for by the United States Government, and funds 
 enumerated in sections three and four of this article, 
 with such other moneys to be not less than two 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 in- 
 crease, 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 oth- 
 erwise 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 opera- 
 tion of this section. 
 
 Sec. 7. The supervision of the public schools shall 
 be vested in a Superintendent of Education, whose pow- 
 ers, 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 man- 
 ner and at such time as shall be provided by law. 
 
 Sec. 8. No money raised for the support of the pub- 
 lic 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 bo under the manage- 
 ment 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. Said trustees shall be appointed by the Gov- 
 ernor 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 as may be. The seats of the first 
 class shall be vacated at the expiration of two years, and 
 those in the second class in four years, and those in the 
 third class at the end of six years, from the date of ap- 
 pointment, so that one-third may be chosen bi-ennially. 
 No trustee shall receive any pay or emolument other than 
 his actual expenses incurred in the discharge of his du- 
 ties as such. The Governor shall be ex-offi,cio 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 Ag- 
 ricultural 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 en- 
 tered 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 au- 
 thorities 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 Gen- 
 eral Assembly ; Provided, That separate schools for each 
 race shall always be maintained by said school authori- 
 ties. 
 
TITI.B I, 
 
 EDUOATIOW. 
 
 Chapter 1. — Public school fund. 
 2.— Officers, 
 3. — Public schools. 
 
 4. — Apportionment and dlsbarsement of school funds. 
 6. — QabGol Ifaida. 
 
 CHAPTER I. 
 
 PUBLIC SCHOOL FUffTD-. 
 
 [Sections correspond with numbers of Code of 1886.] 
 
 § 943. Appropriations for public schools. — For the 
 maintenance of a system of public schools throughout 
 the State, the following sums of money are hereby ap- 
 propriated for each scholastic year, to- wit : 
 
 1. The annual interest at six per cent, on all sums of 
 money which have heretofore been, or which may here- 
 after be received by the State, as the proceeds of sales of 
 lands granted or entrusted by the United States to the 
 State, or to the several townships thereof, for school pur- 
 poses. 
 
 2. The annual interest at four per cent, on that part 
 of the surplus revenue of the United States, deposited 
 with the State under the act of Congress approved June 
 23, 1836. 
 
 3. All the annual rents, incomes and profits, or in- 
 terests, arising from the proceeds of sales of all such 
 lands as may hereafter be given by the United States, or 
 by this State, or by individuals, for the support of the 
 public sohools of the 8ta*e, 
 
4. All such sums as may accrue to the Stale as 
 escheats ; the same to be applied to the support of the 
 public schools during the scholastic year next succeeding 
 their receipt in the State treasury. 
 
 5. The further sum of three hundred and fifty thous- 
 and dollars, from any. money in the treasury not other- 
 wise appropriated. 
 
 6. The amount of poll-tax that may be collected iii the 
 State; the poll-tax collected in each county to be re- 
 tained therein for the support of the public schools 
 thereof, and distributed and disbursed as provided in 
 this title. 
 
 7. All rents, incomes and profits received into the 
 State treasury during the scholastic year from all lands 
 heretofore donated by the Congress of the United States 
 for the support of the public schools, and remaining 
 unsold, which shall .b3 applied to the support of the 
 public schools during the scholastic year next succeeding 
 their receipt into the treasury. 
 
 8. Licenses which are by law required to be paid 
 into the school fund of any county ; to be promptly paid 
 by the judge of probate, or other collecting the same, to . 
 the county superintendent of education, and to be ex- 
 pended for the benefit of the public schools in such 
 county. 
 
 § 944. When appropriations accrue, and placed to credit 
 of educational fund — All such appropriations, except the 
 poll-tax, shall accrue to the educational fund on the first 
 day of October, in each year ; and on that day the State 
 auditor shall place to the credit of that fund, on the 
 books in his office, all such amounts as ac^crue thereto 
 from the source in this chapter mentioned, except the 
 poll-tax, for the scholastic year beginning on that day. 
 
 [By act approved February 12, 1887, "For the Pro- 
 tection of Dogs," and amended February 18th, 1891, 
 the owner of any dog may register the animal in the 
 
8 
 
 office of the judge of probate, paying therefor a registra- 
 tioa fee of twenty-five cents and a tax of one dollar. 
 The tax thus realized is appropriated to the use of the 
 public schools of the county where collected. The pro- 
 visions of the act do not apply to the counties of Clay, 
 Dale, Geneva, Elmore, Tallapoosa, Winston, Perry, 
 Jackson , Morgan , Marshall, Fayette, Hale, Greene and 
 Henry.] 
 
 CHAPTER II. 
 
 OFFICERS. 
 
 Abticle 1. — General designation. 
 
 2. — Superintendent of education. 
 3. — County superintendents. 
 4. — Township trustees. 
 
 Article I. 
 
 GENERAL DESIGNATION OF OFFICERS. 
 
 § 945. Officers for administration of public schools. — For 
 the administration and government of public schools in 
 this State, there are the following officers : 
 
 1. The superintendent of education. 
 
 2. A county superintendent of education in each 
 county. 
 
 3. Three township trustees in each township . 
 
 Article II. 
 
 SUPERINTENDENT OF EDUCATION. 
 
 § 946. Commission, term of office, and salarif — The 
 Superintendent of Education, after his election, shall be 
 commissioned by the Governor, shall hold his office fca* 
 
9 
 
 tlie term of two years, and until his successor is elected 
 and qualified, and shall receive a salary of two thousand 
 two hundred and fifty dollars per annum, payable in 
 monthly installments, on the last day of each month. 
 
 §947. OoLthof offi'ie andhond. — Before entering upon 
 the duties of his office, he shall take the oath of office 
 prescribed by the constitution, and shall also give bond, 
 ■with sureties to be approved by the Governor, in the 
 sum of fifteen thousand dollars, conditioned faithfully to 
 discharge the duties of his office so long as he sh all re- 
 main therein, or perform any of the duties thereof : and 
 such bond shall be filed in the office of the Secretary of 
 State. 
 
 § 94:8. 0/^oe and books, papers and records. — He shall 
 have an office at the capitol of the State, where the 
 bonds, papers and records of his office shall be kept, and 
 where he shall give attendance when not absent on offi- 
 cial business ; and it shall be the pivilege of all persons 
 interested to have access, at all proper hours, to the 
 books, papers and records of the office. 
 
 § 949. Clerks and their salaries. — He is authorized to 
 employ two suitable clerks for service in his office ; and 
 such clerks shall be allowed together two thousand two 
 hundred and fifty dollars, annually to be paid as the 
 salaries of other department clerks are paid. 
 
 § 950. Duties of superintendent of education. — The 
 duties of the Superintendent of Education shall be as 
 follows : 
 
 1. He shall devote his time to the care and improve- 
 ment of the common schools, and the promotion of pub- 
 lic education, and shall exercise a general supervision 
 over all the educational interests of the State; and to this 
 end, he shall have power to require from the county 
 superintendent of education, township trustees of public 
 schools, and all other school officers, all such reports 
 and information relating to the educational fund, or 
 
10 
 
 the condition of the schools and the management thereof^ 
 as he may deem important, or as may be prescribed by 
 law ; and he may remove from office any such officer for 
 failure to make such report, give such information, or 
 discharge any other official duty. 
 
 2. He shall annually, as far as practicable, visit 
 every county in the State for the purpose of inspecting 
 the schools and their management, the accounts of 
 county superintendents of education and other school 
 officers, and for diffusing as widely as possible, by per- 
 sonal addresses and personal communication informa- 
 tion as to the importance of public schools and the 
 best method for their management ; and he shall en- 
 courage and assist in organizing and conducting teach- 
 ers' and superintendents' institutes. 
 
 3. He shall make provision for instructing all pupils 
 in all schools and colleges supported, in whole or in part 
 by public money, or under State control, in hygiene and 
 physiology, with special reference to the effects of alco- 
 holic drinks, stimulants, and narcotics upon the human 
 system. 
 
 4. He shall annually apportion and distribute all 
 money belonging to the educational fund, in such man- 
 ner as may be prescribed by law, and shall see to the 
 proper disbursement of the same ; and to this end, he 
 shall, keep an accurate account with all officers who may 
 be custodians or disbursers of the school fund, or any 
 part thereof. 
 
 [Hereafter it shall be the duty of the Superintendent 
 of Education to apportion the public school fund to the 
 various townships and school districts according to the 
 entire number of children of school age. — Section 1 of 
 an Act to regulate the apportionment of the school fund 
 in this State by the Superintendent of Education ap- 
 proved, February 10th, 1891.] 
 
 5. He shall prepare all forms, and have printed and 
 
11 
 
 distributed all such blanks as may be necessary, or as 
 may be required by law, in the administration of the 
 public school system. 
 
 6. He shall furnish the county superintendents of 
 education and other school officers all necessary books 
 for keeping their accounts and records, and to be and 
 remain public property ; and he shall prescribe a uni- 
 form system of keeping such accounts and records. 
 
 7. He shall take receipts for all such books so fur- 
 nished by him to school officers, and such officers shall 
 take good care thereof, and turn them over to their suc- 
 cessors in office. 
 
 8. He shall keep a debtor and credit account with 
 each township or other school district, in the State, of 
 all funds accruing thereto for educational purposes. 
 
 9. He shall keep an accurate account of the capital 
 of all sixteenth section or other trust funds, to which 
 each township or school district may be entitled, showing 
 whence and when such funds were derived. 
 
 10. He Bhall preserve in his office all bonds of school 
 officers and others required to be filed therein. 
 
 11. He shall cause suits to be instituted and prose- 
 cuted against all defaulters to the educational fund, and 
 for this purpose may employ attorneys ; but he shall not 
 have power to contract to pay such attorneys out of the 
 educational fund more than ten per centum of the 
 amount recovered by them in such suits ; and out of 
 such fund he may pay such lawful costs as may be taxed 
 against him as superintendent of education, in case he 
 is cast in any of such suits. 
 
 12. He shall require and supervise the collection of 
 all poll taxes. 
 
 13. He shall, by correspondence, exchange official re- 
 ports, and by other proper means, elicit information rela- 
 tive to the system of public education in other States and 
 countries, and disseminate all useful knowledge regard- 
 
12 
 
 ing the same among the county superintendents and 
 other officers in the State. 
 
 14. He shall collect in his office such school books, 
 apparatus, maps, charts, and specimens of improved 
 school furniture as can be obtained without expense to 
 the State. 
 
 15. He shall prepare and have printed, in pamphlet 
 form by the public printer, all laws, rules and regula- 
 tions pertaining to the public school system of the State, 
 and cause the same to be distributed among the county 
 superintendents of education, and other officers connect- 
 ed with the school system, for the information of those 
 interested in the educational interests of the State. 
 
 16. He shall perform such other duties as are, or 
 may be prescribed by law. 
 
 [congressional institutes .] 
 
 An Act 
 
 To provide for holding a teachers institute for a period 
 
 of not less than one week in each of the congressional 
 
 districts of the State. 
 
 § 1, It shall be the duty of the State Superintendent 
 of Education to hold, or to have held within the bounds 
 of each congressional district of this State, one or more 
 teachers institutes, to be conducted by a teacher, expe- 
 rienced in and familiar with, the most improved meth- 
 ods of instructions, for a term of one week or more dur- 
 ing the summer months. 
 
 § 2. For the purpose of carrying out the provisions 
 of this act, the Superintendent of Education may, from 
 time to time, certify to the auditor the amount necessary 
 to defray the expenses of employing teachers to conduct 
 and instruct the teachers who attend these institutes, 
 and upon such certificate it shall be the duty of the Au- 
 ditor to draw his warrant upon the Treasurer for such 
 
13 
 
 sura or sums in favor of the Superintendent of Educa- 
 tion as may remain unapportioned and unexpended in 
 the State treasury at the time ; Provided, that such sun> 
 shall not exceed five hundred dollars in any one year ; 
 And iwovided further, that such sum shall not exceed the 
 amount apportioned and paid for such purposes by th& 
 trustees of the Peabody Education Fund, in any one 
 year. 
 
 § 3. It shall be the duty of the Superintendent of 
 Education to disburse said money so as to secure the 
 greatest good to the largest number of teachers in the 
 common schools, and to take vouchers therefor, to be 
 kept on file in his office, and to make an itemized 
 statement in his annual report as to how and to whom 
 said money has been disbursed. 
 
 Approved February 28, 1887.] 
 
 § 951. Report to governor) contents. — He shall also 
 bi-ennially, on or before the 10th day of October, re- 
 port to the Governor in writing, — 
 
 1. A brief history of his labors. 
 
 2. An abstract of the reports received by him from 
 the county superintendents of education, exhibiting 
 the condition" of the public schools. 
 
 3. Estimates and accounts of expenditures of school 
 money. 
 
 4. An itemized statement, showing how the contin- 
 gent fund of his department, and all other special funds 
 or appropriations under his control have been dis- 
 posed of. 
 
 5. Such recommendations as he may desire to make 
 for the improvement of the school system, and the care 
 and increase of the educational fund. 
 
 6. All such other matters relating to his office and to 
 the public schools, as he shall deem expedient to com- 
 municate. 
 
 § 952. Report to he printed and distributed. — The Gov- 
 
14 
 
 emor shall, when such report is laid before him, direct 
 the Superintendent of Education to have printed in the 
 same manner, and upon the same conditions as other 
 printing is done, during the recess of the General Assem- 
 bly, a suficient number of copies of the report to supply 
 the county superintendents, and township trustees of 
 public schools, and other school officers, and for the usual 
 exchange with other States, and with the leading cities 
 of the United States ; and it shall be the duty of the 
 Superintendent of Education to distribute the same as 
 indicated in this section . 
 
 § 953 . Vacancy filled by governor; terms etc. , of appointee. 
 If the office of Superintendent of Education should, at 
 any time, become vacant by death, resignation, or other- 
 wise, the Governor shall appoint a suitable person to fill 
 such office for the unexpired term ; and such appointee 
 shall give bond and qualify in the same manner as if he 
 had been elected for a full term. 
 
 Article III. 
 
 COUNTY SUPERINTENDENT OF EDUCATION, 
 
 § 954. One appointed for each county. — Unless by 
 special act it is otherwise provided, a county superin- 
 tendent for each county in the State shall be appointed 
 by the Superintendent of education. 
 
 Note. — County superintendents, by act of the legislature, 1888-9, are 
 elected in August of even years and go into office the following Octo- 
 ber, except in the following counties, in which they are appointed: 
 Autauga, Barbour, Chambers, Choctaw, Cleburne, Dallas, Greene, 
 Hale, Jefferson, Lowndes, Macon, Madison, Montgomery, Mobile, 
 Perry, Pickens, Randolph, Talladega, Washington, and Wilcox. In 
 case of a vacancy in the office in any of the excepted counties, the 
 Tacancy is filled by the Superintendent of Education. 
 
 § 955. Terms of office. — The terms of office of county 
 superintendents of education, unless otherwise provided, 
 
15 
 
 shall be for two years and until their successor shall 
 qualify; but the Superintendent of Education may, at 
 any time, for good cause shown, remove from office any 
 county superintendent of education. 
 
 § 596. Oath of office arid bond. — Every county superin- 
 tendent of education, before entering upon the duties of 
 his office, must take the oath of office prescribed by the 
 constitution, and give bond in an amount to be fixed by 
 the Superintendent of Education, but in no case to be 
 less than double the probable amount of money that may 
 be in his hands at any one time, with good and sufficient 
 sureties, and payable and conditioned as official bonds 
 of other public officers. 
 
 § 957. Approval and record of bond. — Such bond must 
 be approved by, and with the oath of office, must be filed 
 and recorded in the office of the judge of probate of the 
 county ; and a certified copy of the bond must also be 
 filed in the office of the Superintendent of Education for 
 his approval. 
 
 § 958. New or additional bond ; effect of notice to give. — 
 The Superintendent of Education shall require of any 
 county Superintendent of Education a new or additional 
 bond, in the same, or a different amount, as that of the 
 original bond, whenever he shall find it necessary for 
 the protection of the educational fund of the county ; 
 and no county superintendent of education, after receiv- 
 ing notice to give such new or additional bond, shall con- 
 tinue in the discharge of the duties of his office until such 
 new or additional bond is given. 
 
 § 969. Compensation. — Each county superintendent 
 of education shall receive for his services four per cent, 
 upon the amount of all the educational funds legally 
 disbursed by him ; but such per-centum must not be 
 taken or used by him until after the disbursements have 
 been made, and the credits <' allowed by the State Super- 
 intendent of Education. 
 
16 
 
 Note. — In Lowndes, Franklin, Madison and Perry, the compensa- 
 tion has been increased by special act of legislature. In Jefferson 
 he is paid sixty-five dollars per month, besides his State salary and 
 commissions, out of county funds. 
 
 § 960 . His duties . — The duties of each county super- 
 intendent of education shall be as follows : 
 
 1. He shall have an office at the county site of his 
 county where he must, on the first Saturday of each 
 month from the beginning of the scholastic year, until 
 the close of the public schools for that year, be present 
 to transact business with the ofRcers and teachers of 
 public schools. 
 
 2. He must receive and take charge of any money, 
 funds, property, or proceeds of any character, raised in 
 his county by county taxation , or which may accrue to 
 him or to the county from any gift, grant, bequest, 
 devise, endowment, or otherwise, to be used in aid of, 
 or in connection with money apportioned to his county 
 from the educational fund, and shall faithfully keep the 
 the same, separate and apart from any other funds or 
 property whatsoever ; and he shall apportion, distribute 
 and pay out all money raised in accordance with this 
 subdivision ; but all money raised by local taxation in 
 any school district or incorporated city or town, shall be 
 expended for the benefit of the district, city, or town in 
 which the money is raised, and by such persons and in 
 such manner as are authorized by the laws of force for 
 the control and government of public schools in such 
 district, city, or town. 
 
 3. [Made county superintendents custodians of educa- 
 tional fund. Law now requires this fund to be deposited 
 in the State Treasury .] 
 
 4. He shall examine into the condition of all school 
 funds of his county, includingthe sixteenth section fund, 
 and sixteenth section lands unsold in his county ; and 
 he is authorized and required, in the name of the State 
 for the use of the township, to bring all necessary suits 
 
17 
 
 for the recovery of the possession of such lands, or 
 against trespassers thereon. 
 
 5. He shall as soon as he receives the annual appor- 
 tionment of the educational fund to his county, forth- 
 with notify the trustees of each township or school dis- 
 trict of the amount apportioned to the township or dis- 
 trict. 
 
 C. He shall enter in a book or books, kept for that 
 purpose, the exact amount and date of all money received 
 and paid out by him on account of the educa'.ional fund 
 of his county, showing by whom or to whom paid , and 
 for what purpose, and also the amount of the educational 
 fund appropriated to, and distributed in each township 
 for each race ; and such book or books shall be open for 
 the inspection of all persons interested. 
 
 7. He shall, on or before the first day of November of 
 each year, forward to the Superintendent of Education, 
 on blanks to be furnished him by the latter, an annual 
 report of the public schools of his county for the preced- 
 ing year, which shall set forth (1) the amount of school 
 money r<x;eived by him from all sources to tjie end of the 
 y^ar, specifying how much was received from each source; 
 (2) how much has been disbursed by him during such 
 year, for what purpose and the names of teachers to 
 whom money has been paid, the time they taught, and 
 the total amount paid to each teacher, specifying how 
 much was paid for teaching schools for the white 
 race, and how much for the colored race ; (3) the amount 
 of funds then in hand for each race in each township, or 
 other school district in Ms county ; and (4) the manner 
 rn which, and the extent to which he has discharged the 
 duties required by law to be performed by him . 
 
 8. He shall semi-annually, on the first days of April 
 and October, make under oath, and post at the court- 
 house of his county, an itemized statement of, all moneys 
 
18 
 
 received and disbursed by him during the scholastic year, 
 and showing the balance on hand. (In effect repealed 
 by acts of, Feb. 28, '87, and Feb. 28, '89.) 
 . 9. He shall remove from office any township trustee 
 when the interest of public education, demands such re- 
 moval, and shall fill all vacancies occasioned by removal 
 from office or otherwise. 
 
 10. He must quarterly, on the first Saturdays in Jan- 
 uary, April, July and October of each year, or as soon 
 thereafter as practicable, pay the teachers of the public 
 schools, upon the certificate of the trustees of the town^ 
 . ship in which the school was taught ; and in counties in 
 which sepaiTite districts have been established by special 
 laws , he shall pay over to the officers authorized to re- 
 ceive the same their proportionate share of the school 
 revenues at the times above designated. 
 
 § 961. Report delivered to judge of probate; duty to com- 
 missioners as to. — Each county superintendent of educar 
 tion shall also deliver a duplicate of his annual report to 
 the judge of probate of his county, who shall lay the 
 same before the commissioners' court, or board of rev- 
 enue, at its first regular meeting thereafter, and if it is 
 found. apparently correct, an order shall be made for its 
 record on the minutes ; but if it is not found apparently 
 correct, the court or board shall so report to the Super- 
 intendent of Education, who shall at once make an in- 
 vestigation of the accounts of such county superinten- 
 dent. 
 
 § 962 . Commissioners to audit accounts and count m/yney. 
 It shall also be the duty of the commissioners court, ocr 
 board of revenue, at its regular meetings in April and 
 November of each year, and it may do so at any other 
 regular meeting, to require the county superintendent of 
 education to- bring before it his accounts and vouchers up 
 to that time, and the money then on hand ; and such 
 court or board shall forthwith audit such accounte and 
 
19 
 
 vouchers, and oonot Ui« mouej, and within ten days 
 thereafter, make report oi the same to the Superinten- 
 dent of Education ; hut nothing contained in this r the 
 preceding section shall prevent the Superintendent of 
 Education from examining into the accounts and vouch- 
 ers of any county superintendent of education and count- 
 ing the money on hand, either in pereon or by some duly 
 authorized agent, at any time he may deem it advisable 
 or necessary. 
 
 § 963. Forfeiture for failure to make annual reports. — If 
 any county superintendent shall wilfully fail to make out 
 and forward to the Superintendent 61 Education any an- 
 nual report required by this article , within ten days after 
 the time it should be made, he shall be liable to a fop- 
 feiture of his pay and commissions, and to removal from 
 oflBce by the Superintendent of Education. 
 
 § 964 . Vacancies, how filled; term,, etc., of appointees . 
 The Superintendent of Education shall fill all vacancies 
 in the office of county superintendent of education, by 
 appointment ; and such appointee shall hold during the 
 unexpired term, and until his successor is appointed and 
 qualifies, and shaU give bond and qualify as is required 
 of an appointee for a full term. 
 
Article IV. 
 
 TOWNSHIP TRUSTEES. 
 
 § 966. By wliom appointed; term of, and eligibility to 
 offi<^e. — Three township trustees for each township or 
 other school district in each county who shall be free- 
 holders and householders resident in said township or 
 other school district, shall be appointed by the county 
 superintendent of education, subject to the approval of 
 the Superintendent of Education, whose terms of office 
 shall be for two years, and until their successors shall 
 qualify, and whose terms shall commence on the first 
 day of October of each odd year. 
 
 [Sec. 2 of an act "To regulate the apportionment of 
 the school fund in this State by the Superintendent of 
 Education," approved February 10, 1891, is as follows : 
 
 Sec. 2. In lieu of township superintendents the county 
 superintendent shall appoint under this law three (3) 
 township trustees who shall be freeholders and house- 
 holders resident in the township for which they are ap- 
 pointed.] 
 
 Note — Three trustees elected in Augrist of add years in Cherokee, 
 Colbert, Crenshaw, ^ale, Etowah, Fayette. FrankJin, Jackson, Law- 
 rence Tallapoosa, Walker and Winston. In Blount, Covington and 
 Cullman, they are elected on tlie last Motrdaj' tt) October, or Within 
 seven days thereafter. By act of Feb. 18. IB06» applying to the coun- 
 ties of Clarke, Washington, Dallas, Talladega^ Jefferson, Choctaw, 
 Montgomery, Calhoun and Cleburne, there fs one township trustee 
 appointed for each township, with same (^oallfications as those pre- 
 atu-lbed in section 2 of act Feb. 10, 1891,, «el Qot tvliore. By the last act 
 mentioned (Feb. 13, 1895) the same duties are imposed on the single 
 township trustee in the counties named as are to be discharged by the 
 trustees under section G68 following. The feouTlshlp trustee is also 
 exempted from rond duty and pul^ t#uu 
 
 §967. Establishment and supe^^nsioni of schools. — The 
 township trustees shall have the immediate supervision 
 
of the public schools in their township, and shall have 
 the power to establish, subject to the approval of the 
 county superintendent of education, one or more schools 
 of either race in such township, as the y)ublic necessity 
 may require ; but not mote than two schools shall be es- 
 tablished for either race in any township in which the 
 fund of such race does not exceed fifty dollars. 
 
 § 968. Meeting with pdrents and guardians and bun- 
 ness to be transacted thereat. — The trustees in each town- 
 ship shall annually, on the second Monday in Septem- 
 ber, or within seven days thereafter, call a meeting of 
 the parents and guardians of the children of their dis- 
 trict within tlio ed\vcational age, and at such meeting 
 they shall in consultation with such parents and guard- 
 ians, and with a view to subserve their wishes, interests 
 and convenience transact the following business, 
 
 1. They shall determine the number of schools which 
 shall be established in their district for the current schol- 
 astic year, and shall designate the same by number. 
 
 2. They shall fix the location of each school, the time 
 of its opening, and the length of the session, which shall 
 not, except as Ixareinafter provided, be less than twelve 
 weeks, 
 
 3. They shall when they establish the schools in their 
 township as now provided by law, apportion to each 
 school so established such an amount of the public school 
 revenue apportioned to the township for the current 
 scholastic year ^gthey may deem just and equitable and 
 for the equal benefit of the children thereof between the 
 ages of seven and twenty-one years. 
 
 4. They shall determine the number, and what child- 
 ren shall be transferred from their district to the schools 
 of other districts, and to what districts transferred, dur- 
 ing current the scholastic year, and shall set apart an 
 amount of the money apportioned to their district to pay 
 for such tranafeJ^lred children , which shall be in the pyopOB- 
 
22 
 
 fton that the number so to be t?anftferfed,T3ears to the whole 
 number of children within the educational age in their 
 district; and if it should be deemed impracticable to 
 establish in their district a public school for the children 
 of either race, on aocount of the want of a sufficient 
 number of such race living within a reasonable distance, 
 they shall determine whether any of such children can 
 be conveniently transferred to a public school in another 
 district, and those that can not be transferred, and that 
 have actually attended some school in this State for the 
 time during which the public schools were kept open for 
 the current scholastic year, shall be entitled to the bene- 
 fits of the amount apportioned to their district; and they 
 shall determine the amount to which each of such child- 
 ren shall be entitled, and the same shall be paid by the 
 the county superintendent of education to the parent or 
 guardian of such child, for which a receipt.shall be taken 
 as in case of payments to teachers. 
 
 [But no child who has attended one public school 
 shall be permitted to attend another the same scholastic 
 year unless by the consent of a majority of the trustees 
 of the township in which the school is situated, provided 
 the child has attended the number of days to which it is 
 entitled.— Act Feb 21, 1893.] 
 
 [Any person residing in the State of Alabama who 
 shall pay a local or special school tax on real estate val- 
 ued at five hundred dollars or more, in any city or town 
 or school district of said state, shall be entitled to the 
 privileges and benefits of the schools in such cities or 
 towns or school districts, the same ae those resident 
 therein.— Act Feb. 14, 1893.] 
 
 5. Such other business as may bo necessary to carry 
 out the provisions of the law. 
 
 [By act approved February 21, 1893 it is provided 
 that in townships where less than the requisite number 
 of children of the proper school age tvAde it shall be the- 
 
23 
 
 duty of the school trustees of such townships to arrange 
 for the teaching of such children as they deem proper 
 and just, subject to the approval of the county superin- 
 tendent of education, and to pay for the tuition of such 
 children in the manner prescribed by law, out of the 
 school funds appropriated to such townships. 
 
 § 969. Ueport after such meeting. — They shall, within 
 ten days after such meeting, report to the county super- 
 intendent of education the number and location of the 
 schools, the names of the teachers employed, aird the 
 amount of money apportioned to each school. 
 
 § 970. Notice and duration of meeting ; effect of failure to 
 attend. — ^Such meeting shall be called by posting, ten 
 days previously tliereto, written notices of the time and 
 place of meeting, and of the business to be transacted 
 thereat, in not less than three public places in the dis- 
 trict ; and the township trustees shall have the pov/er 
 to continue the meeting from day to day until all the 
 business has been transacted, and they may adjourn the 
 sume to a future day, not exceeding one week ; and if 
 the parents and guardians fail to attend such meeting, 
 tlie township trustees sliall, in their absence, proceed to 
 perform the duties required of them. 
 
 § 971. Appeal to county superintendent, ivhose decis- 
 ion is final. — An appeal may be taken from the decision 
 and action of the township trustees, had and done at the 
 time and place of such meeting, to the county superin- 
 tendent of education, who shall notify tlie township 
 trustees of the appeal, and shall appoint a day on which 
 to hear and determine the same, and whose decision 
 shall be final. 
 
 § 972. When but one school in toucnsHip, how located] 
 change of location. — When but one school is established 
 in a township, it shall be so located as to accommodate 
 the largest number of pupils, and to encourage the build- 
 ing of a permanent school-house as near the centre of 
 
24 
 
 the township as possible, whenever it can be done with- 
 out mafcerial injury or inconvenience to the children with- 
 in the educational age ; but such location may be cliang- 
 ed by the township trustees from year to year, in order 
 to provide for those who were not in reach of the school 
 in previous years ; and in the location of public schools, 
 township trustees must have reference to the population 
 and neighborhood, paying due regard to any school- 
 house already built, or site procured, as well as to all 
 other circumstances proper to be considered, so as to pro- 
 mote the interests of free public education. 
 ' § 973, To what regard must be had in locating schools 
 and employing teachers. — In locating public schools, and 
 employing teachers, township trustees shall have due 
 regard to such communities, as will supplement the dis- 
 trict fund, and to such teachers as will procure and teach 
 the greatest number of pupils within the educational age; 
 the object of this section being to encourage the build- 
 ing up and maintaining of large schools, which shall 
 continue the longest term practicable; but in no case 
 shall such communities and citizens, as are unable or 
 unwilling to- supplement the district fund, be deprived 
 of the benefit of the public schools. 
 
 § 974; Employing teachers and opening schools ; rides in 
 refer'ence to. — The township trustees shall, in no case, 
 contract with teachers, or open schools until they have 
 definitely determined the number and location of the 
 schools in their district, and the amount of money each 
 school shall receive from the amount apportioned to 
 their district ; nor shall they contract for a school of less 
 than three scholastic months, or less than ten pupils 
 within the educational age, if there are more than that 
 numberof each race within such age, or more than fifty 
 pupils to each teacher, 
 
 § 975. 'Execution of contracts ivith teachers; contract for 
 transferred pupils. — All contracts with teachers shall be 
 
26 
 
 in writing, and shall specify the amount to be paid per 
 month from the district fund, and shall be executed in 
 duplicate, one of which shall be filed with the county 
 superintendent of education for his approval within ten 
 days after it has been signed ; and no such contract shall 
 be valid withouit his approval; and the township trustees 
 shall also, in like manner, contract with teachers for 
 transferred pupils. 
 
 § 976. Jlsits to schools. — The township trustees shall 
 visit the schools in their district at least once during 
 each scholastic year. 
 
 § 977. Removal of teachers ; payment for time taught. — 
 The township trustees may, for any cause sufficient in 
 their judgment, terminate the contract of, and remove 
 any teacher ; but such teacher shall be allowed pay for 
 the time he taught according to the terms of his con- 
 tract. 
 
 § 978. Register of daily attendance required of teachers. 
 — Tlie township trustees shall require the teachers of 
 public schools to keep a register of the daily attendance 
 of the pupils in the school tauf^ht by them, and to sub- 
 mit such register to them for their inspection. 
 
 979. Enumeration of children; reports thereof. — The 
 township trustees must, during the month of August of 
 each odd year, make an enumeration of all the children, 
 white and black, male and female, within the educa- 
 tional age, in their district and report the same, in du- 
 plicate, to the county superintendent of education by 
 the first day of September following ; and the county 
 superintendent of education shall make to the Superin- 
 tendent of Education a written report of the several 
 enumerations made to him by the township trustees, 
 by the fifteenth day of September of such year. 
 
 § 980. Bonds when lands about to be sold or leased. — 
 When any township trustees are about to sell or lease 
 any school lands, they must give bond with sufficient 
 
26 
 
 sureties, payable to the State, in a sum to be fixed by 
 the county superintendent of education, equal to the 
 value of the school lands, or the amount of the school 
 funds of their township, and with condition to discharge 
 their duties faithfully so long as they may continue in 
 office, or discharge any of the duties thereof; which 
 bond must be approved by the county superintendent of 
 education, and by him filed in his office. 
 
 § 981. Report of income for rent or lease of school lands. 
 — When any portion 'of the 16th section or other school 
 lands in any township has been rented or leased , it shall 
 be the duty of the township trustee to at once report to 
 the county superintendent in writing a description of 
 the lands, to whom rented or leased, the time when due 
 and how the payment is secured. It shall be the duty 
 of the county superintendent so soon as this report is 
 received by him, to file the same in his office, and to re- 
 port to the State Superintendent all the facts contained 
 in the report of the township trustees. That it shall be 
 the duty of the township trustees when money is paid 
 to them on such rentings or leases, to at once report the 
 amount, and on which account paid, to the county super- 
 intendent, whose duty it shall be to report the same to 
 the State Superintendent, being careful to give the num- 
 ber of the township and range, and for what year the 
 rental or lease money was paid, in making the appor- 
 tionment of school funds for the year following the re- 
 ceipt of the report. * 
 
 § 982. Exemption from road and jury duty , and poll- 
 tux. — Township trustees are exempt from road duty, jury 
 duty and poll-tax, so long as they shall continue in office 
 and perform the duties thereof; and the certificate of 
 the county superintendent of education of that fact shall 
 be evidence thereof. [These exemptions have been held 
 void by an opinion of the Attorney General.] 
 
CHAPTER 3. 
 
 PUBLIC SCHOOLS. 
 
 Article 1. — Teachers. 
 
 2. — Educational board, and teachers' institutes. 
 8. — Districts, pupils and scholastic periods. 
 
 Article I. 
 
 TEACHERS OF PUBLIC SCHOOLS. 
 
 § 983. Certificate of qualification . — There shall be three 
 grades of teachers' certificates, to be known as certifi- 
 cates of the first, second and third grades, each of which 
 must show the branches in which the holder has been ex- 
 amined, and his relative attainments therein ; and every 
 teacher in the public schools must obtain a certificate in 
 one of such grades; but in no case shall an applicant for 
 the position of teacher receive a certificate who fails to an- 
 swer correctly seventy per cent, of the questions pro- 
 pounded by the board of examiners. 
 
 984. Examination of teachers. — Every applicant for a 
 teachers' certificate must be examined on the following 
 subjects : For the third grade, in orthography, reading, 
 penmanship, practical arithmetic through fractions, pri- 
 mary geography and the elementary principles of physi- 
 ology and hygiene ; for the second grade, on all the fore- 
 going subjects, and also in practical arithmetic, history 
 of the United States, English grammar, intermediate 
 geography and elementary algebra; for the first grade, 
 on all the foregoing subjects, and also in higher algebra, 
 natural philosophy, geometry and the theory and prac- 
 tice of teaching. 
 
AN ACT. 
 
 To provide for the teaching in the public schools of Phy- 
 siology and Hygiene, with special reference to the ef- 
 fect of alcoholic drinks, stimulants and narcotics upon 
 the human system. 
 
 Section 1. Be it enacted by the General Assembly of 
 Alabama, That in addition to the branches in which in- 
 struction is now given in the public schools , instruction 
 shall also be given as to the nature of alcoholic drinks 
 and narcotics, and special instruction as to their effect 
 upon the human system, in connection with the several 
 divisions of relative physiology and hygiene, and such 
 subjects shall be taught as regularly as other branches 
 are taught in said schools. Such instruction shall be 
 given orally from a text book in the hands of a teacher 
 to the pupils who are not able to read ; and shall be given 
 by the use of text-books in the hands of the pupils in 
 case of those who are able to read, and such instruction 
 shall be given as aforesaid to all pupils in all public 
 schools in the state to all the grades until completed in 
 the high schools. 
 
 Sec. 2. Be it further enacted, That no certificate shall 
 be granted hereafter to any new applicant to teach in 
 the public schools of Alabama, who has not passed a 
 satisfactory examination in the study of the nature of 
 alcoholic drinks and narcotics, and of their efi'ects upon 
 the human system, in connection with the several divi- 
 sions of the subject of physiology and hygiene. (Act 
 took effect Sept. 20, 1891.) 
 
 § 985. How long certificates are valid. — A third grade 
 certificate shall be valid for one year ; a second grade 
 -certificate, for two years; and a first grade certificate, 
 
29 
 
 for thiee years, ia the county in which the same i» 
 issued. 
 
 § 986. Register kept by teacher and submitted. — Every 
 teacher of a public school must keep a register of the 
 actual daily attendance of the pupils in his school, and 
 must submit such register to the township trustees for 
 their inspection. 
 
 § 987. Quarterly report ; not entitled to compensation until 
 fortvarded. — Every teacher of a public school must, with- 
 in five days after the end of each scholastic quarter, for- 
 ward to the county superintendent of education a com- 
 plete report, setting forth the enrollment, attendance, 
 number of transferred pupils, and from what township 
 transferred, the branches taught, and the number of 
 pupils in each, distinguishing between male and female^ 
 and stating whether a white or colored school ; also 
 the monthly pay from school revenue from the townships 
 in which the school is located, and from transferred pu- 
 pils, stating township and range from which they are 
 transferred ; also the number of days taught, the amount 
 due for services from school revenues of the township, 
 the number of visits by township trustees, and the name 
 and post office of the teacher ; and such report must be 
 sworn to by the teacher before the township trustees, 
 and approved by th4m ; and no teacher can draw any 
 pay for services rendered by him until he has forwarded 
 his report in accordance with the requirements of this 
 section. 
 
 § 988. To be paid quarterly. — The teachers of public 
 schools shall be paid quarterly, on the first Saturdays 
 in January, April, July and October, or as soon thereaf- 
 ter as practicable. 
 
Abticle II. 
 
 EDUCATIONAL BOARD AND TEACHERS' INSTITUTES. 
 
 § 989. Educational board ; how constituted; power to Jill 
 vacancies. — There shall be established in each county of 
 the State an educational board, composed of the county- 
 superintendent of education, who shall be the president 
 thereof, and of two teachers, either in private or public 
 schools of the county, who shall be appointed by such 
 superintendent at the beginning of each scholastic year, 
 or as soon thereafter as practicable, and who shall hold 
 oJEce during the current scholastic year, and one of whom 
 shall be appointed secretary; and a majority of the 
 board shall be necessary for the transaction of any busi- 
 ness. The county superintendent of education shall have 
 power to fill all vacancies that may occur in such board. 
 
 § 990. Meetings of board. — Such board shall meet quar- 
 terly at such times and places as they may designate; 
 but may meet oftener when deemed advisable by them. 
 
 § 991. Examination of applicants ; effect of diploma. 
 Applicants for license to teach in the public schools of 
 the county must be examined by such board, and the 
 questions and'answers in such examination must be in 
 writing, and^^must be preserved by the board for one 
 year, open to inspection ; and when an applicant is found 
 duly qualified, and is of good moral character, he must, 
 on the payment of a fee of one dollar, which shall be 
 divided between the two members of the board appoint- 
 ed by, and acting with the county superintendent of edu- 
 cation, receive a license to teach in the public schools of 
 the county, which must be signed by the president and 
 secretary of the board ; but a diploma from any chartered 
 institution of learning will entitle the applicant to such 
 
31 
 
 a license without examination, on proof of good moral 
 
 character, and payment of the license fee. 
 
 Note. — Graduates of State normal schools, holding diplomas, signed 
 by the State Superintendent, are exempt from examination or pay- 
 ment of the fefe of one dollar and are, by terms of the law establish- 
 ing our normal schools, "entitled to teach anywhere in the State 
 without further examination." 
 
 § 992. Register of licenses kept ; cancellation noted there- 
 071. — A register of all licenses issued by the board shall 
 be kept by them ; and whenever any license shall be can- 
 celled, that fact shall be noted on such register, together 
 with the cause of such cancellation. 
 
 § 993. Cause for cancellation of license. — Whenever 
 it shall appear to the board that any teacher to whom 
 a license has been issued has been guilty of intemper- 
 ance, or of unworthy or disgraceful conduct, his license 
 shall be cancelled, and his name stricken from the regis- 
 tered list of teachers 'by the board . 
 
 § 994. Examination, license and register necessary . — No 
 teacher shall be employed in any of the public schools 
 of any county in this State, or receive any of the school 
 funds, unless he has been so examined, has received such 
 license, and the same has been so registered in the county. 
 
 § 995. Teachers' institute to be organized. — It shall be 
 the duty of the board of education in each county to 
 organize and maintain therein teachers' institutes, one 
 for teachers who are white persons, and one for teachers 
 who are colored persons, to be held at such times and 
 places as the board may prescribe ; but there shall not 
 be less than ten licensed teachers in the county of the 
 race for whom such institutes shall be organized. 
 
 § 996. Officers and members of institutes ; no fee imposed 
 IV ithout consent. — The county superintendent of educa- 
 tion shall be the president of such institutes , and the mem- 
 bers of the educational board shall be the vice-presidents 
 thereof, one of whom shall preside over its meetings in 
 the absence of its president; the other officers thereof 
 
32 
 
 may be elected. Every teacher of the county holding a 
 license shall be a member of the institute organized for 
 his race. But no fee or assessment shall be imposed on 
 a member without his consent. ■ 
 
 §997. Meetings of institutes. — There shall not be less 
 than three meetings in each year of such institutes, one 
 of which shall be held in the month of September, and at 
 this meeting an address to the teachers shall be made by 
 some person selected by the educational board ; and 
 teachers holding licenses shall attend at least one of such 
 meetings. 
 
 § 998. Business of the institutes. — The meetings of the 
 institutes shall be devoted mainly to discussions and 
 instructions in regard to the methods of teaching and dis- 
 ciplining schools, and to the text-books used, and other 
 matters connected with the schools and school laws. 
 
 Ai^TXC];-B III. 
 
 DISTRICTS, SCHOOLS AJ!JD SCHOLASTIC PERIODS. 
 
 § 999. School districts ; establishment and supervision ; 
 capacity to hold property . — Every township and fraction of 
 township, which is divided by a State or county line, or a 
 any river, creek, or mountain, or other barrier rendering 
 intei'course between the different portions of the town- 
 ship difficult, and every incorporated city or town hav- 
 ing throe thousand inhabitants or more, shall constitute 
 a separate school district; and each of them shall be 
 under a township superintendent as to all matters con- 
 nected with public schools. Each township, or other 
 school district, in its corporate capacity, may hold real 
 and personal property ; and the business of such corpor- 
 
33 
 
 ations, in relation to public schools and school lands, 
 shall be managed by the township or district trustees. 
 
 I 1000. Pupils entitled to instruction in public schools. 
 Every minor over the age of seven years shall be en- 
 titled to admission into, and instruction in any public 
 ■chool of his or her own race or color in this State. 
 
 [See § 968 for limitations on this right.] 
 
 § 1001. Scholastic periods . — The Scholastic year shall 
 begin on the first day of October of each year, and end 
 on the thirtieth day of September of the following year ; 
 twenty days shall constitute a school month, and a 
 school day shall be not less than six hours. 
 
 § 1002. Public examinations and certificates to pupils. 
 Public examinations must be held in the public schools 
 at least once in every year ; and when the educational 
 board shall be satisfied that any pupil has become 
 thoroughly educated in all the branches of free instruc- 
 tion in any one of such schools, they shall give to him or 
 her a certificate to that effect. 
 
 § 1003. Seperate schools for the two races. — In no case 
 shall it be lawful to unite in one scnool children of the 
 white and colored races. 
 
CHAPTER IV. 
 
 APPORTIONMENT AND DISBURSEMENT OF SCHOOL FUNDS. 
 
 § 1004. Certificate and apportionment of educational 
 fund for scholastic year. — On the first day of October of 
 each year, or as soon thereafter as practicable, the au- 
 ditor shall certify to the Superintendent of Education 
 the amount of money which has accrued and been placed 
 by him to the credit of the educational fund for the 
 scholastic year commencing on that day, stating specifi- 
 ically the amount derived from each source, and any 
 unexpended balance there may be from the appropria- 
 tion of the previous year to be carried forward ; and the 
 amount so certified shall be apportioned by the Super- 
 intendent of Education, and be drawn and disbursed as 
 provided by law. 
 
 § 1005. Contingent expenses and amount for normal 
 schools set apart; residue apportioned. — As soon as such 
 certificate is received by the Superintendent of Educa- 
 tion, he shall set apart out of the general fund a sufii- 
 cent amount to pay such expenses of the department of 
 education as are by law payable out of such fund, and 
 the amount necessary to cover the expenses of normal 
 schools ; and he shall then apportion all the balance of 
 such fund, as near as practicable, among the several 
 townships and school districts in the State, as herein- 
 after provided. ^ 
 
 § 1006. Amounts apportioned certified to auditor ; no 
 warrants drawn in excess ; balance unapportioned certified 
 to treasurer. — As soon as such amounts have been set 
 apart, and such apportionment has been made, the 
 Superintendent of Education shall certify to the auditor 
 the amount set apart for each particular purpose or ap- 
 propriation, and the total amount of the apportionment 
 to the several school districts in each county for each 
 
35 
 
 race ; and the auditor shall see that no warrants are 
 .drawn against the educational fund, for any purpose, for 
 any amount in excess of the amounts so certified as set 
 apart and apportioned ; and he shall certify to the treas- 
 urer the amount of the school .revenue, exclusive of poll- 
 tax, unapportioned by the Superintendent of Education ; 
 and the treasurer shall set apart the amount out of any 
 money received from the taxes of the current year, and 
 he shall keep the same separate and apart from all 
 other revenues, and shall not pay out any of such 
 money except upon warrants for school purposes. 
 
 § 1007. Interest on sixteenth section or other trust fund 
 first set apart; effect of apportionment. — In making the 
 apportionment of school money to the several districts, 
 the Superintendent of Education shall first set apart 
 to each township, or other school district, the amount 
 due from the State thereto as interest on its sixteenth 
 section fund, or other trust fund held by the State; 
 and all townships or school districts, having an income 
 from such source, or from the lease or sale of sixteenth 
 section lands, shall not receive anything out of the balance 
 of the educational fund to be apportioned, until all 
 other townships or school districts, having no trust 
 fund, shall have received from the general fund such 
 amount as will give them an equal per capita appor- 
 tionment with the townships or districts having such 
 income . 
 
 § 1008. Apportionment; basis of, how made. — The 
 Superintendent of Education shall apportion the edu- 
 cational fund to the respective townships or school 
 districts, subject to the provisions of the preceding 
 section, according to the latest official returns of the 
 enumeration of school population of the townships or 
 other districts, which have been made to his office ; 
 and he shall also apportion the fund for each town- 
 ship between the races therein ; but when the town- 
 
36* 
 
 ship trustees of any township or district have failed 
 to make and return the census enumeration of their 
 township or district, as required by law, the Superin- 
 tendent of Education shall make the apportionment to 
 euch township or district, according to the best infor- 
 mation he can obtain as to the school population of 
 such township or district; but in no event shall he, 
 in case of such failure, estimate the school population 
 of any such district or township at more than the 
 number shown by the last official report to his office. 
 (See section 950 subdivision 4.) 
 
 § 1009. Apportiormient recorded, and certified to county 
 superintendents; luhen contracts for schools invalid. — Aa 
 soon as such appointment is completed, the Superin- 
 tendent of Education shall have the same recorded in 
 his office, in books kept for that purpose, showing the 
 amount which has been apportioned to each school dis- 
 trict, and the source or sources from which the same 
 was derived, the amount to each race in the district, and 
 the number of children of each race in the district upon 
 which the apportionment was based ; and he shall then 
 furnish to each county superintendent of education a 
 certified copy from such books, showing the dividends 
 of tbe educational fund to each township or district un- 
 der the latter 's supervision ; and the amount so divided 
 and certified shall be the total amount which each of 
 such school districts shall be entitled to receive from the 
 State, except the poll-tax, during the current scholastic 
 year ; and no contract to pay for any school or schools, 
 for any district, more than the amount thus apportioned 
 to it, together with such poll-tax as it may receive, and 
 such funds as may be in hand from any previous year, 
 shall be valid against the State or township. 
 
 § 1012. Amount due each county apportioned and certi- 
 fied to auditor. — The Superintendent of Education shall, 
 by the tenth day of October in each year, or as soon 
 
S7 
 
 thereafter as practicable, apportion to every county the 
 amount of school money such county will be entitled to 
 receive for the scholastic year, from all sources except 
 from poll-tax and the special tax, if any , levied for school 
 purposes in any county ; and he shall certify the same 
 to the auditor. 
 
 PAY ROLLS . 
 
 (The following is from Acts 1886-7 and 1888-9.) 
 
 § 1. That on the 15th days of March, June, Septem- 
 ber and December the county superintendent shall make 
 in duplicate, for each race separately, a pay roll, show- 
 ing the names of all teachers engaged in teaching public 
 schools in their counties with their postoffice address, 
 and the estimated amount that will be due to each teacher 
 at the end of the current quarter from the funds of each 
 township and range in its regular numerical order; and 
 shall append thereto an affidavit that the same is correct. 
 One of said paj^-rolls shall bo retained by the county su- 
 perintendent, and the other he shall forthwith forward 
 to the Superintendent of Education, who shall examine 
 the same, and if found correct it shall bo approved by 
 him, and filed with the Auditor of the State. 
 
 § 2. The Auditor shall, immediately u])on the receipt 
 of such pay roll, draw a warrant on the State Treasurer 
 in favor of the county superintendent of each county for 
 a sum which will be equivalent to the amount estimated 
 to be due on said pay roll, and two per cent, thereon, 
 and one-quarter of the salary due to the county superin- 
 tendent of education, and shall file said warrant, together 
 with the pay-roll upon which it is based, with the State 
 Treasurer, whereupon it shall be the duty of the State 
 Treasurer to forward by express or exchange, at the ex- 
 pense of the State, the amount of such warrant, and the 
 pay-roll and duplicate receipts for said sum, including 
 
38 
 
 the express charge or exchange premium, if any. The' 
 county superintendent of education must immediately 
 upon receipt of said sum, sign the duplicate re.ceipts and 
 return one to the State Treasurer, who shall attach, it to 
 the appropriate warrant, and the other shall be returned 
 to the Auditor. 
 
 § 3. That immediately upon the receipt by the county 
 superintendent of the amount of the quarterly or monthly 
 pay-roll, he shall pay the teachers, taking their receipt 
 therefor on both copies of said pay-rolls, and must, by 
 the 15th day January, April, July and October, return 
 the approved copy of said receipted pay-roll to the State 
 Superintendent of Education. 
 
 § 4. The Auditor shall have prepared the necessary 
 blank pay-rolls, receipts and wari-ants to be used in car- 
 rying out the provisions of this act, and shall from time 
 to time, as experience requites it, prepare new blanks for 
 that purpose, so as to facilitate and effectually carry out 
 the intention of this act. 
 
 § 9. That in those counties in the State of Alabama, 
 or separate school districts wherein the teachers are now 
 paid monthly by law, it shall be the duty of the county 
 superintendent, or the superintendent of such district, as 
 the case may be, to make out and forward to the Super- 
 intendent of Education on the 2'Oth day of every month, 
 a pay-roll as hereinbefore provided for, and the State 
 Superintendent of Education, the Auditor and the State 
 Treasurer shall each, severally, perform all the acts and 
 duties hereinbefore required of them so that said teacher 
 may be paid monthly. 
 
 § 10. Upon the return of any receipted pay-roll to the 
 State Superintendent of Education, if it should appear 
 that there is in the hands of the county superintendent 
 any balance, the amount of said balance shall be charged 
 to him and shall be deducted from the amount of the 
 next quarterly or monthly pay-roll. 
 
39 
 
 5 11. Any county superintendent, or any superinten- 
 dent of a separate school district, who fails to make out 
 and forward any pay-roll required by this act, or who 
 fails to sign and return the receipts hereinabove provided, 
 or who fails to pay the teachers within fifteen days after 
 the receipt by him of the money, or who fails to return 
 •aid receipted pay-roll must, on conviction, be fined not 
 less than one hundred dollars, and must also be removed 
 from office by the superintendent of education , or if he 
 has been elected to such office, must be suspended by the 
 Governor until he shall have fully performed all of said 
 acts and faithfully discharged all of the duties required 
 of him by law. 
 
 § 13. Any county superintendent who shall demand, 
 receive or take from any teacher any return , commission, 
 rebate, fee or gratuity to influence him in tlie perform-' 
 ance of any of his official duties, must, on conviction, be 
 fined not less tlian five hundred dollars, and may also be 
 sentenced to hard labor for not less than three months. 
 (Approved Februajy 28, 1887. Amended February 28, 
 1889.) 
 
 POLL TAX. 
 
 5 1010. Poll-tax received from each county. — Each 
 county shall receive as school money all the poll-tax col- 
 lected therein ; and the same shall be its full distributive 
 share of the aggregate poll-tax collected in tlie State. 
 
 § 1011. Each township and race entitled to itf! poll-tax; 
 report as to such tax. — Each township or other school dis- 
 trict is entitled to receive, for the support of the public 
 schools therein, all the poll-tax raised in and for such 
 township or district ; and the county superintendent of 
 education of each county shall see that the amount of 
 poll-tax paid by white persons shall be applied exclusively 
 to the maintenance of schools for white pupils, and that 
 
40 
 
 paid by colored persons exclusively for the maintenance 
 of schools for colored pupils, and in his annual reports, 
 he must show how much poll-tax he has received since 
 his last report for each race in each township or district 
 of his county. 
 
 (The following from Acts 1886-7 and 1888-9.) 
 
 § 5. The money which has heretofore been paid by 
 the tax collector to the county and city superintendents 
 including poll-tax must be paid into the State Treasury 
 by the tax collectors monthly as the same is collected by 
 him, in the same manner as other taxes are collected and 
 paid in ; that tax collectors shall at the end of each 
 month, before paying the poll-tax into the State treas- 
 ury, deduct the commissions allowed by law for assessing 
 and collecting, from the amount collected from each race 
 in each township and range, and separate school districts, 
 and make a report in duplicate, showing the net amount 
 due to each race in each township or separate school dis- 
 trict. One of which reports he shall furnish to the 
 county superintendent, and the other he shall forward 
 to the State Superintendent of Education. 
 
 § 6. Any assessor who fails to designate on the assess- 
 ment list the number of the township in which each poll 
 tax payer lives, or any collector who fails to report to 
 the Superintendent of Education the amount of poll tax 
 collected by him from each township must, on conviction, 
 be fined not less than one hundred dollars. 
 
 § 1. Hereafter the amount of poll tax paid into the 
 State treasury to the credit of the school fund of either 
 race in any township or other school district during each 
 year, shall be the amount of poll tax that may be contract- 
 edand used for school purposes the following year ; Pro- 
 vided, That no contract for the payment of any poll tax 
 for services rendered the first quarter of the school year 
 
41 
 
 shall be valid, and the Auditor shall not draw his war- 
 rant for any school funds derived from poll taxes for 
 for the payment of teachers for services rendered during 
 the final quarter of the school year. 
 
 Note. — The foregoing section was approved February 28th, 1889. 
 The Attorney-General holds, however, that no poll tax in excess of 
 the amount actually in the State treasury to the credit of a county, 
 <5an be legally paid out under this act. 
 
 LOCAL AND OTHER PROVISIONS. 
 
 § 1016. Apportionment and expenditure of local school 
 money, — All local school funds, raised for the support of 
 public schools, by taxation or otherwise, shall bo appor- 
 tioned and expended in the district or districts in and 
 for which the same were raised, under such rules and 
 regulations as the township trustees, or other local au- 
 thority provided by law, may prescribe ; but this section 
 shall not be construed to repeal any provision for the ap- 
 portionment and disbursement of the moneys mentioned 
 in this chapter, or provided for in special or local laws ; 
 and all funds contributed by private parties, or other- 
 wise, to such district shall be applied as indicated in the 
 grant from such coatributors ; and no school moneys 
 distributed to the various counties from the State school 
 revenue, shall, either directly or indirectly, be paid for 
 the erection of school-houses, the use of school-room 
 funiture, or any other contingent expenses of schools. 
 
 § 1017. Apportionment of income from trust fund when 
 township divided. — Whenever a township, which has an 
 income from a trust fund, is divided by a State or county 
 line, or otherwise, into separate districts, or includes a 
 city which is a separate school district, such income 
 must be divided between, and apportioned to each school 
 ■district in such township according to the school popu- 
 lation of each. 
 
 § 10 IS. Funds unused for two years apportioned by 
 
42 
 
 county superintendent. — The county superintendent of 
 education shall, in the same manner as the Superintend- 
 ent of Education is required to apportion the general 
 school fund, apportion among the school districts under 
 his supervision all funds received by him for any partic-* 
 ular school district or race, which have remained un- 
 used by such district or race for two years ; and he shall 
 make report of such apportionment to the Superintend- 
 ent of Education as soon thereafter as practicable. 
 
 §1019. Fund once apportioned , not used for other pur- 
 poses until re-apportioned. — Funds which have accrued 
 and have been apportioned to any district or race, shall 
 not be used for the benefit of any other district or race, 
 until the same shall have reverted to the general fund , 
 and been re-apportioned under the provisions of the last 
 preceding section. 
 
 § 1020. What part of income new districts are entitled 
 to. — Whenever any separate school district is created, 
 which shall embrace parts of two or more tovrnships, 
 such district shall receive its proportionate share of the 
 income from any trust fund belonging to either or both 
 of such townships, according to its school population. 
 
 § 1021. Contingent fund for department of education. 
 The State treasurer shall annually set apart, out of any 
 money in the treasury not otherwise appropriated, the 
 gum of one thousand dollars, as a contingent fund for 
 the department of education ; and whenever it shall be- 
 come necessary to draw on such fund the Superintendent 
 of education shall certify the amount necessary, and for 
 what purpose, to the auditor, who shall draw his war- 
 rant on the treasurer for such amount. The superin- 
 tendent of Education shall keep an accurate account of 
 all sums which he shall certify to be paid out of such 
 contingent fund, and shall furnish an itemized statement 
 thereof to the Governor each year, with his annual re- 
 port. 
 
43 
 
 § 1022. Unexpended part of such fund credited to next 
 year. — At the close of each scholastic year, any part of 
 the appropriation for the educational continguent fund, 
 which may not then be expended, shall be carried forward 
 by the Auditor and Saperintendeut of Education, and 
 placed to the credit of, and become a part of the one 
 thousand dollars appropriated for the educational con- 
 tingent fund of the next suceeding year. 
 
 CHAPTER V. 
 
 SCHOOL LANDS. 
 
 Article 1. — What constitutes school lands ; incorporation of townships. 
 2. — Lease of school lands. 
 3, — Sale of school lands. 
 
 Article I. 
 
 WHAT CONSTITUTES SCHOOL LAND ; INCORPORATION OP 
 TOWNSHIPS. 
 
 § 1023 (962) . What are school lands, and in whom vest- 
 ed. — School lands, within the meaning of this Code, are 
 sections numbered sixteen, in every township, granted 
 by the United States for the use of schools; and all school 
 lands are vested in the State, in trust to execute the ob- 
 jects of the grant. 
 
 Long V. Brown, 4 Ala. 622; Yerby v. Sexton, 48 Ala. 311. 
 
 § 1024 (9G3) . Incorporation of Toirnships. — The inhabi- 
 tants of each township in the State are incorporated by 
 the name of Township , in range , accord- 
 ing to the number of the surveys of the United States. 
 
44 
 
 Article II. 
 
 LEASE OF SCHOOL LANDS. 
 
 § 1025 (967) . Timber lots reserved. — The township trus- 
 tees, after the surveys and plats provided for in the next 
 succeeding article of this chapter, may select such lots 
 as they think proper, to reserve from cultivation for the 
 benefit of the timber thereon , and must mark the same 
 "reserved" on the plat thereof. 
 
 § 1026 (968). Other lands leased; terms of lease. — The 
 township trustees may lease, for not exceeding five years, 
 the lots so laid out and not reserved, and may stipulate 
 for such improvements as they may deem expedient, 
 and may require, if they think proper, security for rents 
 and improvements; the rent is to be paid annually, but 
 in case of improvements, they may stipulate for the rent 
 to commence after the commencement of the lease. 
 
 Note. — As to reports required of township Trustees, see § 981. 
 
 § 1027 (969). Rent payable to the toivnship. — All notes, 
 bonds and contracts for the lease of school lands are to 
 be made payable to the township by its corporate name. 
 
 § 1028 (970) . Lands rented at public auction; notice — 
 All school lands must be leased, at some place in the 
 township, at public auction; and at least six weeks 
 previous notice shall be given by advertisement at three 
 public places in the township, designating the time and 
 place ; and such other notice may be given as the town- 
 ship trustees may deem expedient. 
 
 § 1029 (971). Duties of lessee. — The lessee is bound to 
 treat the land, houses and improvements in a careful 
 and husbandlike manner ; to commit no waste ; and he 
 must comply with such further restrictions as the town- 
 ship trustees may deem expedient to insert in the lease ; 
 and if such lessee or any person claiming under him, 
 commits waste, or fails to comply with any other stipu- 
 
45 
 
 lation in the lease, the township trustees have the right 
 to declare the lease forfeited. 
 
 § 1030. (972) . Timber lois ; how used. — The lots reserv- 
 ed for timber are for the common benefit of the lessees of 
 the other lots ; but no timber must be cut down, injured, 
 or dpstroyed, as long as th^re ip pnff?oiprt on other lots, 
 which the township trustees are to determine ; and the 
 lessees must in no case, cut down, injure, or destroy 
 such timber without permission of the township trustees 
 which may be given on such terms as they may think 
 proper, having a due regard to the interests of the town- 
 ship . 
 
 § 1061 (973). Penalty for injury to timber. — Any per- 
 son who, without authority, cuts down, injures, or des- 
 troys any tree on school lands, shall forfeift and pay for 
 every such tree ten dollars, to be recovered before any 
 court having jurisdiction, in the corporate name of the 
 township. 
 
 § 1032 (974) . Fines paid into the treasury for school 
 fund. — All fines and forfeitures under the preceeding sec- 
 tion shall be paid into the State treasury, and added to 
 the principal of the school fund of the township. 
 
 Aeticle III. 
 
 SALE OF SCHOOL LANDS. 
 
 § 1033 (975) . Election as to sale of school lands. — The 
 township trustees of any township may, on giving twenty 
 days' notice by advertisement at three of the most pub- 
 lic places therein, hold an election to ascertain the sense 
 of the township respecting the sale of school lands be- 
 longing thereto, and may appoint the place where such 
 election is to be held, and three inspectors to manage the 
 same. 
 
 Tankersly v. State Bank 5 Ala. 277. 
 
46 
 
 § 1034 (976). Oaths of inspectors of election. — The in- 
 spectors, before such election, must take an oath to con- 
 duct the same fairly, which may be administered by one 
 to the other i^and they may appoint clerks. 
 
 § 1035 (977). Absence of inspectors. — If any inspectors 
 are absent, those present may supply their places, and 
 if none attend, any three freeholders or householders of 
 the township may act. 
 
 § 1036 (978). Polls.— The polls are to be open at 
 eleven in the morning and close at five in the afternoon. 
 
 § 1037 (979). Manner of voting. — The voters must 
 write upon their tickets "sale" or "no sale," and de- 
 posit them in the ballot box; and the inspectors, after 
 ascertaining the result, must certify the same to the 
 township trustees. 
 
 § 1038 (980) . If majority for sale, survey made and min- 
 imum price fixed. — If, on such election, there is a majori- 
 ty of the voters of the township, over the age of twenty- 
 one years, voting thereat in favor of a sale, the town- 
 ship trustees are to have the lands surveyed in lots so as 
 to command the higl^est price, have a plat of such sur- 
 vey made, and, being sworn fairly to value such lots, to 
 fix a minimum price upon each. 
 
 § 1039J(981). Plat to be kept free to inspection. — Such 
 plat, with the minimum price marked upon each lot, is 
 to be kept by the township trustees free to the inspection 
 of all persons desiring to examine the same. 
 
 § 1040J(882). Notice of sale. — As soon as the lands are 
 surveyed, the township trustees must give thirty days' 
 notice of the time and place of sale, by advertisement at 
 three public^places in the township, and in such other 
 mode as they^may think proper. 
 
 § 1041 (983) . Sale at public auction; terms of sale. — On 
 the day 'appointed for the sale, between the hours of 
 eleven in the morning and two in the afternoon, each lot 
 must be offered separately, and sold at public auction to 
 
47 
 
 the highest bidder at or above the minimum price. If 
 such minimum price is fifty dollars, or under, the sale 
 must be for cash ; if the minimum price is over fifty dol- 
 lars, but not more than one hundred and fifty dollars, the 
 sale must be on a credit of one year, unless the amount 
 bid for the lands should exceed one hundred and fifty 
 dollars, in which event the sale must be on a credit of 
 one and two years, in equal annual installments ; if the 
 minimum price, or the amount bid for the lands, is one 
 hundred and fifty dollars, or over, but less than three 
 hundred dollars, the sale must be on a credit of one and 
 two years, in equal annual installments ; if the minimum 
 price, or the amount bid for the lands, is over three hun- 
 dred dollars but less than five hundred dollars , the sale 
 must be on a credit of one, two, and three years, in equal 
 annual installments ; and if the minimum price, or the 
 amount bid for the lands, is five hundred dollars, or 
 more, the sale must be on a credit of one, two, three and 
 four years, in equal annual installments ; when the sale 
 is on a credit, the purchaser must give his notes, with 
 two or more sureties, approved by the township trustees, 
 payable to the State of Alabama, for the use of the town- 
 ship, designating it by its number and range, and speci- 
 fying, by the legal subdivisions, the particular portions 
 of the section for which the notes are given. All notes 
 for purchase of school lands, sold under the provisions of 
 this article, must bear interest at the rate of eight per 
 cent, per annum from date. 
 
 § 1042 (984) . Provisions directory. — The provisions of 
 this article, in relation to the sale of school lands, must 
 be construed as directory only. 
 
 § 1043 (985) . Report of sale; disposition of purchase 
 money and notes. — The township trustees, within twenty 
 days after such sale, must make return thereof to the 
 Superintendent of Education, specifying the date of the 
 sale, the names of the purchasers, the quantity and a 
 
48 
 
 particular description of the land sold to each, the pric& 
 paid, or to be paid, by each purchaser, and the amount 
 of the purchase money retained to defray the expense* 
 of the survey and sale; and they must, at the same time,, 
 pay over to the Superintendent of Education all the 
 money which may have been received by them as pur- 
 chase money for such lands, after deducting such amount 
 as they may be allowed by law to retain to defray the ex- 
 penses of the survey and sale ; and also, at the same time, 
 turn over to the Superintendent of Education all notes 
 which may have been taken by them for such lands; and 
 the Superintendent of Education must give them a re- 
 ceipt for such money and notes, and file the return and 
 notes in his office, and make proper record of the notes. 
 § 1044 (986). Resale of lands. — If any purchaser fails 
 to make the payment, or give his notes with approved 
 sureties, as required, the land bid off by him must be im- 
 mediately resold, if practicable, but if it is not practica- 
 ble to make the resale at once, it must be advertised and 
 resold at a future day, as if no sale had been made ; and 
 the first purchaser shall be responsible for the difference 
 between his bid and the amount for which the land is 
 subsequently sold, if such amount is less than the bid of 
 such first purchaser. 
 
 Commissioners v. Aiken, 5 Port. 160. 
 
 § 1045 (987). Certificate of purchase. — The township 
 trustees, on receiving from the purchaser the cash pay- 
 ment, and his notes for the deferred payments, must 
 give to him a certificate of purchase, describing the land 
 purchased, and showing the number of acres, and the 
 amount of the purchase money. 
 
 Tankersly v. State Bank, 5 Ala. 277. 
 
 § 1046 (988) . Effect of certificate of purchaser. — Such 
 certificate conveys to the purchaser, his heirs, or assigns, 
 
49 
 
 a conditional estate in fee, to become absolute on the 
 payment of the purchase money and interest, and to re- 
 vert to the State for the uses originally granted in the 
 following cases : 
 
 1. When all the notes have become due, and the 
 makers have left the State or died insolvent. 
 
 2. When a recovery on such notes is defeated by any 
 defense avoiding the contract of sale. 
 
 3. When a recovery is had against all the makers, and 
 execution has been returned "no property' ' by the proper 
 officers of the county in which the township lies ; or 
 when judgment is had, and execution returned against 
 any one or more of such makers "no property," and the 
 others have left the State, or died insolvent. 
 
 § 1047 (989) . Revesting of title; clerk to certify facts; 
 penalty for failure; costs. — No proceeding is necessary to 
 revest the title in the ^tate on the happening of the 
 events specified in the preceding section, but such lands 
 may be recovered in the name of the State, for the use of 
 the township, against any person in possession of the 
 same, upon proof of the facts; and it is the duty of the 
 clerk of the court in which the suit was pending, or the 
 judgment recovered, to certify the facts to the Superin- 
 tendent of Education, on the happening of the events 
 specified in the second and third subdivisions of the pre- 
 ceding section, and failing to do so within a reasonable 
 time, he forfeits the sum of one hundred dollars ; one-half 
 to the person suing for the same, and the other to the 
 State for the use of the township. When no money is 
 recovered in suits on notes for purchase money of school 
 lands, no costs must be taxed against the township for 
 such suits. 
 
 § 1048 (990) . Compensation to township trustees; penalty 
 for such defaults. — For holding the election and making 
 the sale, as provided in this article, the township trus- 
 4 
 
50 
 
 tees shall be entitled to two dollars, which, together with 
 the amount which may be allowed by law to the county 
 surveyor for making the surveys and plats herein pro- 
 vided for, shall be retained by them out of the purchase 
 money for the lands; and purchasers shall, in all cases, 
 pay enough cash to defray such expenses; and if the town- 
 ship trustees fail to return the sale, or purchase money 
 notes, or to pay over the money received on account of 
 purchase money, to the Superintendent of Education, as 
 required by law, they shall forfeit one hundred dollars, 
 one-half to the person suing for the same, and the other 
 to the State for the. use of the township ; and on the trial 
 the certificate of the superintendent as to such failure is 
 presumptive evidence thereof. 
 
 § 1049 (991) . Fines go to school fund. — The amount 
 received by the State upon recoveries, had under the 
 last two preceding sections, is^to be added to the princi- 
 pal of the school fund of the township. 
 
 § 1050 (992) . Patent. — A patent issues, on the pay- 
 ment of the purchase money, to the purchaser, his heirs, 
 or assigns ; and when the patent is to the heirs, it vests 
 a title in all persons entitled to claim in that capacity 
 under the provisions of this Code. 
 
 § 1051 (993,996). Issue of patent by Secretary of State; 
 correction of mistake. — The Secretary of State must issue 
 patents upon satisfactory evidence furnished him of full 
 payment of purchase money, to any person, agent, or 
 officer, legally authorized to receive such payment ; and 
 upon a proof of a mistake in the issue of any patent, 
 he must correct the same, or issue a new patent on the 
 return of the original to his office. 
 
 § 1052 (995) . Issue of patents in other cases. — Ex- 
 cept under the provisions of the preceding section, no 
 patent must issue without the certificate of the Super- 
 intendent of Education, that the whole amount of the 
 
51 
 
 purchase money, specified in the certificate, with a 11 
 interest thereon, has been paid. 
 
 § 1053 (998). Collection of past due notes. — All notes 
 for school lands deposited with the Superintendent of 
 Education, if not paid within six months after matu- 
 rity, must be placed with the Attorney-General for col- 
 lection ; but this section shall not be so construed as to 
 prevent the Superintendent of Education from order- 
 ing suit on notes at any time after maturity, when so 
 ordered by the township trustees, or the sureties on the 
 notes. 
 
 § 1054 (999) . Appointment of agents for collection of 
 notes. — The Attorney-General may appoint agents for 
 the collection of such notes, being responsible for any 
 neglect on the part of such agents. 
 
 § 1055 (1000) . Townships credited with collections on 
 notes. — All collections on notes given for the sale of 
 school lands must be paid into the treasury of the 
 State, to the credit of the proper township. 
 
 § 1056 (1001) . Investment of sixteenth section fund. — 
 All money arising from the sale of sixteenth sections 
 shall be vested in bonds of this State, or other safe 
 securities, bearing interest at a rate not less than* eight 
 per cent. 
 
 § 1057. Duties as to lands , ivhen township divided ; by 
 whom performed. — When a township is divided into two 
 or more school district, the county superintendent of 
 education, in appointing township or district trustees in 
 such township, shall designate which of them shall dis- 
 charge the duties, and exercise the powers conferred 
 upon township trustees touching tlie leasing, selling and 
 control of school lands in such township. 
 
Article IV. 
 
 An Act 
 
 To authorize the compromise and settlement of claims 
 for school lands in this State. 
 
 Section 1. Be it enacted by the General Assembly of 
 Alabama, That it shall be the duty of the county super- 
 intendents of education of the various counties in this 
 State, as soon as practicable after the passage of this 
 act, to investigate all claims held by the State for 
 school lands in their respective counties, by taking the 
 evidence of parties claiming said lands, and of persons 
 who may be acquainted with material facts connected 
 with such claims, by deposition, affidavit or otherwise, 
 so as to ascertain as nearly as possible what amount, 
 if any, has been paid for land, when and to whom paid, 
 the amount still due the State, a description of the lands 
 and their present value. It shall also be their duty to 
 report in writing to the Superintendent of Education 
 all the facts and circumstances attending each particu- 
 lar claim, together with recommendation as may seem 
 to them just, equitable and proper under all the circum- 
 stances of each particular case. To enable county super- 
 intendents more effectually to carry out the provisions 
 of this section, it shall be the duty of the Attorney- 
 General of the State to turn over to the Superintendent 
 of Education all notes or other evidence in his posses- 
 sion or under his control, of claims for school lands, ex- 
 isting prior to the first day of April, 1865 ; and it shall 
 be the duty of the Superintendent of Education to give 
 to the county superintendents of education any infor- 
 mation in his possession tending to show the true con- 
 dition of such claims. 
 
53 
 
 Sec. 2. Be it further enacted, That it shall be the duty 
 of the Superintendent of Education to recommend to 
 the Governor the, issuing of patents to such persons as 
 shall appear from the facts and circumstances of the 
 claims entitled thereto ; and also to any persons claim- 
 ing or having any interest in said lands, who shall 
 pay to the State such sum or sums of money at the 
 time and, in the manner recommended by the county 
 superintendent of education that he should pay in 
 compromise and settlement of the claims due from him 
 to the State for any particular portion of the school 
 lands heretofore sold by the State, and upon the recom- 
 mendation from the Superintendent of Education the 
 Governor shall be authorized to issue such patent ; 
 Provided, That before making such recommendation to 
 the Governor, the Superintendent of Education shall be 
 satisfied that the amount recommended by the county 
 superintendent to be paid the State in compromise 
 and settle of any such claim is fair, just and to the 
 interest of the State, and that the same has been fully 
 paid. 
 
 Sec. 3. Be it further enacted , That should of the par- 
 ties claiming said school land refuse or fail to pay the 
 amount found to be due from them to the State, or 
 refuse or fail to comply with the recommendations of 
 the county superintendent, by refusing to or failing to 
 pay or secure to the State the amount recommended 
 by him to be paid, in compromise and settlement of 
 such claim for any particular school land by said party 
 for ninety days after he has been notified by the county 
 superintendent, of the amount required to be paid or 
 secured to the State by him to enable him to get a 
 patent from the State to said land, that it shall be the 
 duty of the county superintendent to cause suit to be 
 brought in the name of the State, for the use of the 
 township in which the land lies, in equity, to enforce 
 
54 
 
 the lien of the State upon the said land for the whole 
 amount found to be due the State, and upon the trial of 
 said cause the certificate of the Superintendent of Edu- 
 cation that the notes and other evidence of said claims 
 are not in his oflBce, and that he has no knowledge 
 where they are, shall be prima facie evidence that said 
 notes have been lost, and shall authorize the State to 
 introduce secondary evidence of said claim ; Provided, 
 That the State shall not be liable for costs, should there 
 be a failure to recover said claims. 
 
 Sec. 4. Be it further enacted, That it shall be the duty 
 of the Superintendent of Education, should it be made 
 to appear to his satisfaction, that any sum or suras of 
 money have been paid to the State or to any one legally 
 authorized to receive the same, for any school lands, 
 upon which sums the State should, but is not paying in- 
 terest to the school fund of the township in which said 
 land lies or to which it belongs, to take such steps as will 
 secure to such township the interest at the rate of six 
 per cent, per annum upon the the sums so found to have 
 been paid, and it shall be the duty of the State Auditor 
 to draw his warrant on the State Treasurer in favor of 
 the school fund of the particular township for the 
 amount so found to have been paid, and the Treasurer 
 shall set apart the sum as required of other 16th section 
 funds, and interest on the same shall be included in the 
 Auditor's annual certificate to the Superintendent of Ed- 
 ucation as upon other 16th section funds. 
 
 Sec, 5. Be it further enacted. That for the services pre- 
 scribed by this act, the County Superintendent shall be 
 paid out of the sums so realized to the State, or out of 
 the school fund of the township in which the school land 
 lies, reasonable compensation, the amount in each case 
 to be determined by the Superintendent of Education. 
 
 Sec. 6. Be it further enacted. That all amounts receiv- 
 ed or notes taken by the County Superintendents under 
 
55 
 
 the provisiona of this act shall at once be forwarded jto 
 the Superintenderyb of Education, who shall pay the 
 money into the State treasury as other 16th section funds, 
 and the State Treasurer is authorized and required, un- 
 der the advice and direction of the Governor, to Jinvest 
 the amounts so paid over, together with all other money 
 hereafter paid in on account of the 16th section lands, 
 in the six per cent, or other bonds of this State. 
 
 Sec. 7. Be it further enacted, Th.a,t all laws in conflict 
 with the provisions of this act are repealed. 
 
 Approved March 1, 1881. 
 
 SALE OR LEASE OF SCHOOL INDEMNITY LANDS. 
 
 Under an act to authorize the Governor to prosecute 
 and secure to the State the benefits resulting from all 
 claims of the State of Alabama against the United States 
 for or on account of swamp and overflowed lands, other 
 public lands in Alabama sold or otherwised disposed of 
 by the Federal Government and all other claims the 
 State has under existing laws, or may have under laws 
 hereafter enacted, approved Feb. 28, 1887, the Governor 
 contracted with John H. Caldwell, the latter to prose- 
 cute all claims of the State against the United States re- 
 ferred to in said act, the said Caldwell to be compensated 
 out of the proceeds of the suits he should bring. The 
 agent under this authority having recovered certain land 
 for the use of the several townships in this State in which 
 there was a deficiency in the amount of land heretofore 
 certified to the State for their benefit. To provide for 
 the proper disposition of the lands so recovered , the fol- 
 lowing law was enacted : 
 
AN ACT. 
 
 To provide for the sale or lease of school indemnity lands 
 certified to the State of Alabama by the United States 
 and to provide for the disposition of the proceeds there- 
 of. 
 
 Section 1. Be it enacted by the General Assembly of Ala- 
 bama, That the Superintendent of Education of this 
 State be, and he is hereby authorized and empowered to 
 sell and dispose of all the lands which have been hereto- 
 fore or may hereafter bo certified to the State for the use 
 and benefit of the several townships above referred to, 
 subject to the approval of the Governor of the State. 
 Such sales shall be made from time to time at public or 
 private sale, as in the judgment of the said Superinten- 
 dent shall best promote the interest of the school fund of 
 the State, and shall be for cash, or part cash and part on 
 time, as the said Superintendent and Governor may 
 deem best ; Provided, That in no case shall there be less 
 than one-fourth of the purchase money paid in cash, and 
 the remainder shall be payable in yearly installments, 
 to extend over a period of not more than three years , 
 and shall be secured by notes, with sureties to be ap- 
 proved by the Superintendent of Education, which shall 
 bear interest from the date of the sale . 
 
 Sec. 2. Beit further enacted, That the proceeds aris- 
 ing from such sale, after payment of all the proper costs 
 and expenses of the same, shall be by the said Superin- 
 tendent of Education , divided as follows: One-fourth 
 thereof shall be paid over to the said Jno. H. Caldwell, 
 his representatives, or assigns, and the remaining three- 
 fourths shall be paid into the treasury of the State, to 
 the credit of the school fund of the township to which 
 the same may belong. All notes taken by the Superin- 
 
57 
 
 tendent of Education for the purchase of the lands sold 
 under the provisions of this act, shall be held by him 
 until the same are paid ; Provided, however, that if deem- 
 ed, in the opinion of the said Superintendent, advisable 
 in taking such notes , he may take separate notes for the 
 proportion thereof, to which said Caldwell is entitled, 
 and shall turn over said notes to him, his representa- 
 tives, or assigns, taking his receipt therefor. 
 
 Sec. 3. Be it further enacted. That the provisions of 
 the laws of the State of Alabama, now in force regula- 
 ting the sale of school lands, shall be applicable to sales 
 had under this act, except in so far as the provisions of 
 said law are inconsistent with the provisions of this act. 
 
 Sec. 4. Be it further enacted, That the Superinten- 
 dent of Education may, with the approval of the Gover- 
 nor of the State, lease out any of said lands for a term 
 not exceeding five years, or may enter into contracts per- 
 mitting persons to mine iron ore, coal or other minerals 
 therefrom, upon a royalty for a term not exceeding 
 twenty years, and the net proceeds of all moneys receiv- 
 ed from the lease of such lands, or as a loyalty for the 
 minerals mined therefrom, shall at the end of each fiscai 
 year, one-fourth be paid over to the said John H. Cald- 
 well, his representatives, or assigns, and the other three- 
 fourths into the State treasury to the credit of the town- 
 ship to which said lands belong in the proportion of 
 their interest therein . 
 
 Approved December 9, 1890. 
 
 ImI^7EKsI^r j 
 
NORMAL SCHOOLS. 
 
 THE INDUSTRIAL SCHOOL FOR WHITE GIRLS, 
 
 AN ACT 
 
 To create and establish an industrial school in the State 
 of Alabama for white girls. 
 
 Section 1. Be it enacted by the General Assembly of 
 Alabama, That an industrial school for the education of 
 white girls in Alabama is hereby established and shall 
 be located and organized as hereinafter provided. 
 
 Sec, 2. Be it further enacted, That the governor of the 
 State shall nominate and appoint, by and with the ad- 
 vice and consent of the senate, one person from each of 
 the congressional districts of the State and two from the 
 State at large, together with the governor, superintend- 
 ent of education and auditor of the State, shall be trus- 
 tees , and to serve as such for six years , except the gover- 
 nor, superintendent of education and auditor of the 
 State, who shall serve for the terms of their election by 
 the people of Alabama. Immediately after they shall 
 be assembled, in consequence of their first appointment 
 they shall be divided equally into three classes. The 
 term of the first class shall expire two years from the 
 date of their appointment ; the second class four years 
 from the date of their appointment, and the third class 
 at the expiration of the date of their appointment, so 
 that one-third may be chosen every second year. If 
 
59 
 
 vacancy happen by resignation or otherwise, the gover- 
 nor may make temporary appointments until the next 
 meeting of the General Assembly. The governor shall 
 be ex-officio a member of said board of trustees, and 
 shall act as president thereof in all of their meetings, 
 when present, but in his absence they may choose a 
 president pro tem. Five of the board of trustees sliall 
 be a quorum for the transaction of business. 
 
 Sec. 3. Be it further enacted, That the secretary of 
 State shall furnish a certificate to each trustee within 
 ten days of his appointment, notifying him that he has 
 been so appointed and elected ; and if any trustee fail 
 for the space of thirty days to inform the governor of 
 his acceptance, then his appointment shall be void and 
 his place shall be filled as heretofore provided in cases 
 of vacancy. 
 
 Sec. 4. Be it further enacted, That the board of trus- 
 tees of said institute, and their successors in office be, 
 and the same are hereby declared to be a body politic 
 and corporate, and shall have a common seal, shall sue 
 and be sued, contract and be contracted with, and may 
 own, purchase, sell and convey property, both real and 
 personal. 
 
 Sec. 6. Be it further enacted, That the governor shall, 
 as ex-ofRcio president, convene the board of trustees of 
 said industrial school to consider any business connected 
 with the same, whenever he shall deem it expedient to 
 do so ; that the said trustees shall elect a secretary of 
 the board, whose duty it shall be to record in a well 
 bound book all of the proceedings had by said board, 
 and shall be allowed such compensation for his or her 
 services as the board may deem proper ; that the State 
 treasurer shall be ex-ofhcio treasurer of said board of 
 trustees, whose duty it shall be to secure and safely keep 
 all moneys belonging to the Alabama Girls' Industrial 
 School for the education of white girls in industrial 
 
60 
 
 branches, and to disburse the same under the order of 
 the board of trustees. 
 
 Sec. 6. Be it further enacted , That the said board of 
 trustees shall possess all the power necessary and proper 
 for the accomplishment of the trust reposed in them, 
 viz : The establishment and maintenance of a first-class 
 industrial school for the education of white girls in the 
 State of Alabama in industrial and scientific branches, 
 at which said girls may acquire a thorough normal 
 school education, together with a knowledge of kinder- 
 garten instruction and music ; also a knowledge of tele- 
 graphy, stenography, photography and phonography, 
 type-wribing, printing, book-keeping, in-door carpentry, 
 electrical construction, clay-modeling, architectural and 
 mechanical drawing, sewing, dress-making, millinery, 
 cooking, laundry, house, sign and fresco painting, home 
 nursing, plumbing, and such other practical industries 
 as, from time to time, to them may be suggested by ex- 
 perience or tend to promote the general object of said 
 girls' industrial school, to-wit : fitting and preparing 
 such girls for the practical industries of the age. 
 
 Sec. 7. Be it further enacted , That the board of trus- 
 tees shall appoint a president and professors of said 
 school, and such other ofiicers as they may think proper 
 .to put the same in successful operation, and shall make 
 such laws, rules and regulations for the government of 
 said officers as they may deem advisable. They shall 
 regulate the rates of tuition, together with the course of 
 discipline necessary to enforce the faithful discharge of 
 the duties of all officers, professors and students. They 
 shall divide the course of instruction into departments, 
 so as to secure a thorough education, and the best pos- 
 sible industrial studies, selecting careful and efficient 
 professors in each department, and shall adopt all such 
 by-laws and regulations as they may deem necessary to 
 
61 
 
 carry out all of the purposes and objects of said institu. 
 tion. 
 
 Sec . 8. Be it further enacted, That the board of trus- 
 tees, as hereinbefore provided, shall receive as compen- 
 sation for their services, their actual expenses in attend- 
 ing any of the meetings of the board of trustees, paya- 
 ble out of any funds belonging to said school. 
 
 Sec. 9. Be it further enacted, That as it iS the object 
 of this act to establish said industrial school for white 
 girls, with as small an outlay annually as is consistent 
 with the object to be attained, the said trustees shall 
 prepare a general plan of said school, together with all 
 the necessary departments, dormitories and out houses ; 
 also an estimate of the cost necessary school furniture, 
 including cost of buildings and department appliances, 
 and shall build and establish in any one year, unless 
 said building shall be secured by donation to the State, 
 only such houses, dormitories and departments as they 
 may deem for the best interest of said institution and of 
 greatest practical importance. 
 
 Sec. 10. Be it further enacted, That the said board of 
 trustees shall organize under the provisions of this act 
 as soon as practicable after t/ieir appointment, and they 
 shall immediately after their organization proceed to 
 procure, by purchase or donation, a site for the location 
 of the Alabama Girls' Industrial School for the educa- 
 tion of the white girls of the State of Alabama in In- 
 dustrial and scientific studies. In selecting the site the 
 trustees shall look to the convenience of the people of 
 the State, the advantages and disadvantages of the dif- 
 ferent sites proposed, and shall locate the same at the 
 place where most advantages are offered ; Provided, That 
 the location shall be at a place known to be free from 
 annual epidemics; and provided further, that if the 
 trustees to be appointed shall deem it best or the most 
 practicable way of attaining the desired object, then it 
 
62 
 
 may be established as a branch of an already existing 
 school. 
 
 Sec. 11. Be it further enacted, That as soon as said 
 institution is prepared to receive pupils or students in 
 three or more of the industiral studies hereinbefore enu- 
 merated , the said trustees shall apportion to each county 
 its quota of scholars on the basis of the educable white 
 girls between the ages of fourteen and twenty-one, in 
 the State and several counties, and one pupil from each 
 congressional district, whose tuition and board shall be 
 absolutely free, and this number shall be increased from 
 time to time as in the judgment of the trustees the 
 finances of said institution shall warrant. Said free 
 scholarship shall be awarded at the annual meeting of 
 the girls' industrial school upon the recommendation of 
 the trustee from the congressional district from which 
 said pupil is appointed, and the several superintendents 
 of education in the counties shall advertise it in some 
 newspaper published in said county, and after the expi- 
 ration of two weeks from said advertisement, shall, by 
 and with the approval of the county commissioners or 
 court of county revenues, commission such number of 
 white girls to said institution as such county is entitled 
 to. The presentation of such certificate, over the signa- 
 ture of the judge of said county, shall entitle the person 
 so commissioned to admission into said school, with all 
 its privileges for the course of study selected ; Provided, 
 That the appointing board shall give the preference to 
 the applicants least able to educate themselves if they 
 have the requisite qualifications ; Provided, however. That 
 nothing in the provisions of this act shall be held to pre- 
 vent any white girl in this State from attending said 
 school upon .he payment of her board and tuition. 
 
 Sec. 12. Be it further enacted , That the sum of five 
 thousand dollars for the year eighteen hundred and 
 ninety-five, and ten thousand dollars for the year eigh- 
 
63 
 
 teen hundred and ninety-six, be, and the same is hereby 
 appropriated, or so much thereof as may be necessary 
 out of any funds in the State treasury not otherwise ap- 
 propriated. The same shall be drawn from the State 
 treasury by the board of trustees on vouchers audited 
 by the board and approved by the governor, and filed in 
 the auditor's office. Such vouchers shall contain a clear 
 and full statement of the purpose for which they are 
 given. Upon the filing of such vouchers the auditor of 
 the State shall draw his warrant on the State treasurer 
 for the same, from time to time, as funds may be needed 
 to pay the officers and professors of said school, or for 
 any other necessary and proper object connected with 
 building, buying site and properly equipping said insti- 
 tution with, everything needed in each department. 
 
 Sec. 13. Be it further enacted, That said board of 
 trustees shall determine and fix the salaries of each 
 officer, employe and professor in said institute ; provided 
 said salaries in any one department shall not exceed 
 those now allowed to professors in the Agricultural and 
 Mechanical College. 
 
 Sec. 14. Be it further enacted, Tha.\ this ?ict shall take 
 effect and be in full force from and after the first day of 
 January, 1895. 
 
STATE NORMAL COLLEGE AT FLORENCE. 
 
 Section 1 . The school established, appropriation for its 
 support. — There is permanently established, in the 
 Florence Wesley an University buildings at Florence, in 
 Lauderdale county, in this State, a school for the educa- 
 tion of white male and female teachers, who shall be 
 taught there on such conditions and under such restric- 
 ions as may be prescribed ; and there shall be annually 
 appropriated and set apart, from the first day of October, 
 at least seven thousand five hundred dollars out of the 
 general educational revenue apportioned to* the whites , 
 for the support and maintenance of the school; but no 
 portion of the same shall be used for any other purpose 
 than the payment of the salaries of the faculty. 
 
 Sec. 2. Board of directors; style of hoard ; no compensa- 
 tion; terms of office. — The board of directors of said college 
 shall consist of six directors , together with the Superin- 
 tendent of Education. The directors shall be appointed 
 by the Governor as hereinafter provided. It shall be 
 the duty of the Governor on or before the first day of 
 May next after the passage of this bill , to appoint six 
 directors of said normal college ; Provided, that no two 
 of said directors shall reside in the same county. Two 
 of said directors shall be appointed for the term of six 
 year ; two for the term of four year ; and two for the 
 term of two years ; and every two years thereafter it shall 
 be the duty of the Governor to appoint two directors, 
 whose term of office shall be for the period of six years. 
 The members of said board of directors shall receive no 
 compensation for their services except their actual ex- 
 penses in going to and returning from their meetings , 
 
65 
 
 which said expenses, upon the certificate of the secretary 
 of the board, approved by its president, shall be paid 
 out of the fund annually appropriated and set apart for 
 the support and nmintenance of said college . The board 
 of directors, as now organized, shall cease to exist upon 
 the appointment and organization of the new board as 
 herein provided for. 
 
 Sec. 3. Vacancy in hoard; how filled. — Any vacancy 
 in the board of directors, caused by death, resignation, 
 or otherwise, shall be filled by appointment of the Gov- 
 ernor, the appointee holding for the unexpired term of 
 his predecessor. 
 
 Sec. 4. Meeting of board of directors. — The board of 
 directors shall meet at such times and places as it shall 
 appoint. 
 
 Sec. 5 President of board; treasurer and his bond and 
 and terms of office ; secretary and his term of office. — The 
 board of directors shall choose one of their number as 
 president of their board, who shall not vote on any ques- 
 tion, except in case of a tie ; and the}' shall elect a sec- 
 retary and treasurer, and they shall take such bond 
 from such treasurer as they shall deem sufficient and 
 adequate to secure the faithful performance of his duties, 
 in at least double the amount that he may have in hand 
 at any one time ; bond to be approved by the county 
 superintendent, and probate judge of Lauderdale county, 
 and a certified copy thereof filed in the office of the 
 Superintendent of Education. The secretary and treas- 
 urer shall be chosen annually, and shall hold their offi- 
 ces until their successors are elected and qualified. 
 
 Sec. 6. The board of directors disposes of money accord- 
 ing to lav\ and presrrihed duties of secretary and treasurer. 
 The board of directors shall, under the restriction and 
 limitations of law, direct the disposal of any and all 
 5 
 
66 
 
 moneys appropriated to the school, and shall prescribe 
 the duties of the secretary and treasurer thereof. 
 
 Sec. 7. Organization of the school. — It shall be the 
 duty of the board to organize such normal school upon 
 dae most approved plan; to elect a president, and a com- 
 plete and sufficient corps of instructors, who shall con- 
 tinue the faculty of such normal school ; and the boar^ 
 shall adopt such rules and regulations as may be neces- 
 sary for the organization and successfuly operation of 
 such normal school. 
 
 Sec. 8. Duties of faculty. — It shall be the duty of the 
 faculty to establish a course of instruction with special 
 reference to educating teachers in the theory and prac- 
 tice of teaching ; to pass all needful rules and regulations 
 necessary for the discipline of the normal school. 
 
 Sec. 9. The president of the board of directors reports 
 annually to the superintendent. — The president of the 
 board of directors shall make a full and complete annual 
 report to the Superintendent of Education of the opera- 
 tion of the normal school, specifying the number of 
 pupils, the number of professors and teachers, the 
 amount of salary of each, the amount of money received 
 and disbursed, and such other information as may be 
 required by law. 
 
 Sec 10. Rules governing admission of pupiles. — Ap- 
 plicants for admission to the normal school shall be not 
 less than fifteen years of age, and shall sustain a satis- 
 factory examination in such studies as may be required 
 by the faculty. 
 
 Sec. 11. Students admitted from any part of the State; 
 of the obligation to teach. — Students shall be admitted 
 from any portion of the State, and shall receive instruc- 
 tions free of charge, for tuition, upon signing a written 
 obligation to teach at least two years in the public 
 schools of Alabama ; and the obligation shall be filed in 
 the office of Superintendent of Education. Any student 
 
67 
 
 may be released from the obligation by paying such 
 tuition as may be established by the board of directors. 
 
 Sec. 12. Certificate of graduation and to what it entitles. 
 — Upon the completion of the prescribed course of study 
 in the normal school, and after sustaining a satifactory 
 examination, upon the recommendation of the president, 
 approved by the board of directors, the Superintendent 
 of Education shall issue a State certificate to the gradu- 
 ates of the normal school , which shall entitle them to 
 teach in any public school in the State, without any 
 further examination. 
 
 Sec . 13 . Public or other schools established in connection . 
 In connection with the normal school, there may be es- 
 tablished a public school , or other school . 
 
 Sec. 14. Money appropriated, how drawn. — The money 
 appropriated and due to the school shall be certified semi- 
 annually, .by the Superintendent of Eeducation, to the 
 State Auditor, upon application to the president of the 
 board of directors, and the State Auditor shall thereupon 
 draw his warrants on the State Treasurerjjin favor of the 
 treasurer of the normal school for the amount thus cer- 
 tified. 
 
JACKSONVILLE NORMAL SCHOOL. 
 
 Section 1 . Appropriation for payment of salaries only. 
 There is permanently established in the Calhoun college 
 building at Jacksonville, in Calhoun county, in this 
 State, a school for the education of white male and fe- 
 male teachers who shall be taught therein on such con- 
 ditions and under such restriction as may be prescribed ; 
 and there shall be annually appropriated and set apart 
 from the first day of October twenty-five hundred dollars 
 out of the general educational revenue apportioned tO' 
 the whites, for the support and maintenance of tho 
 school ; but no portion of the same shall be used for any 
 other purpose than the payment of the salaries of the 
 faculty . 
 
 Sec. 2. Board of directors. — That a board of directors 
 is established consisting of the following named persons : 
 S. K. McSpadden, Jno. M. Caldwell, James Crook, W. 
 P. Howell, Wm. M. Hames, D. A. Aderholdt, H. L. 
 Stevenson, W. J. Alexander, J. Y. Nisbet, L. W. Grant 
 and John D. Hammond, and the Superintendent of Ed- 
 ucation, and which shall .be known by the name and 
 style of the Board of Directors of the State Normal School 
 at Jacksonville, and the directors shall hold their office 
 at the pleasure of the board, and shall receive no com- 
 pensation. 
 
 Sec. 3. Vacancy; hoiv filled. — That any vacancy in the 
 board of directors caused by death, resignation or other- 
 wise, shall be filled by the remaining members. 
 
 Sec. 4. Meetings. — That the board of directors shall 
 meet at such times and places as it shall appoint. 
 
 Sec. 5. Officers; treasurer's bond. — That the board of 
 
69 
 
 directors shall choose one of their number as president of 
 their board, who shall not vote on any question except 
 in case of a tie ; and they shall elect a secretary and 
 treasurer, and they shall take such bond from such treas- 
 urer as they shall deem sufficient and adequate to secure 
 the faithful performance of his duties, in at least double 
 the amount that he may have in hand at any one time ; 
 bond to be approved by the county superintendent and 
 probate judge of Calhoun county, and certified c®py 
 thereof filed in the office of the Superintendent of Edu- 
 cation. The secretary and treasurer shall be chosen an- 
 nually, and shall hold their offices until their successors 
 are elected and qualified. 
 
 Sec. 6. Disposal of moneys. — That the board of direc- 
 tors shall, under the restrictions and limitations of law, 
 direct the disposal of any and all moneys appropriated 
 to the school, and shall prescribe the duties of the secre- 
 tary and treasurer thereof. 
 
 Sec. 7. Faculty; duties thereof. — That it shall be the 
 duty of the board to organize such normal school upon 
 the most approved plan ; to elects a president and a com* 
 plete and sufficient corps of instructors, who shall con- 
 stitute the faculty of such normal school ; and the board 
 shall adopt such rules and regulations as may be neces- 
 sary for the organization and successful operation of such 
 normal school. 
 
 Sec. 8. That it shall be the duty of the faculty to es- 
 tablish a source of instruction with special reference to 
 educating teachers in the theory and practice of teach- 
 ing, to pass all needful rules and regulations necessary 
 for the discipline of the normal school. 
 
 Sec. 9, Report to Superintendent of Education. — That 
 the president of the board of directors shall make a full 
 and complete annual report to the Superintendent of Ed- 
 ucation of the operations of the normal school, specify- 
 ing the number of pupils, the number of professors or 
 
70 
 
 teachers, the amount of salary of each, the amount of 
 money received and disbursed, and such other informa- 
 tion as may be required by law. 
 
 § 10. Applicants for admission. — That applicants for 
 admission to the normal school must not be less than 
 fifteen years of age, and shall sustain a satisfactory ex- 
 amination in such studies as may be required by the 
 faculty. 
 
 §11. Obligation of students . — That students shall be 
 admitted from any portion of the Statu, and sht*ll le- 
 ceive instructions free of charge for tuition, upon sign- 
 ing a written obligation to teach at least two years iu the 
 public schools of Alabama ; and the obligation shall be 
 filed in the office of the Superintendent of Education. 
 Any student may be released from the obligation by pay- 
 ing such tuition as may be established by the board of 
 directors. 
 
 § 12. Graduates entitled to teach. — That upon the com- 
 pletion of the prescribed course of study in the normal 
 school, and after sustaining a satisfactory examination, 
 upon the recommendation of the president, approved by 
 the board of directors, the Superintendent of Education 
 shall issue a State certificate to the graduates of Normal 
 school, which shall entitle them to teach in any public 
 school in the State, without any further examination. 
 
 § 13. Public school may be established. — That in con- 
 nection with the normal school, there may be established 
 a public school or other school. 
 
 § 14. Appropriation; how to draw. — That the money 
 appropriated and due to the school shall be certified semi- 
 annually, by the Superintendent of Education, to the 
 State Auditor, upon application of the president of the 
 board of directors, and the State Auditor shall thereupon 
 draw his warrant on the State Treasurer in favor of the 
 treasurer of the normal school for the amount thus cer- 
 tified. 
 
LIVINGSTON NORMAL SCHOOL. 
 
 § 1. Consent of the trustees necessary; appropriation, &c, 
 — That if the trustees of the Livingston Female Acad- 
 emy, a corporation under the laws of Alabama, located 
 at Livinigjston, in said State shnll give their ror(«ont. in 
 writing, to the Superintendent of Education of said State, 
 to the use of said academy for the purpose of establish- 
 ing a normal school, then there shall thoreupon be estab- 
 lished permanently in said academy, a State normal 
 school for the education of white female teachers and 
 students ; said normal school to be organized and opcrar 
 ted under such restriction as may be provided by law; 
 and there shall be annually appropriated and set apart 
 from the 1st day of October, 1883. out of the general 
 educational revenue apportioned to the whites, the sum 
 of twenty-five hundred dollars for the support and main- 
 tenance of said normal school ; Provided, That qq p^r^ . 
 tion of said sum shall "be used for any other purpose thHi 
 the payment of the salaries of the teachers, and the neces- 
 sary appliances and text-books for instruction ; Andpro- 
 vidcd further , That not more than five hundred dbliars 
 shall be used for appliances and text-books in any one 
 year. 
 
 § 2. Board of directors. — That the trustees of said Liv- 
 ingston Female Academy, to-wit : Robert D. Webb, I. 
 Chapman Brown, Josiah L. Scruggs, Reuben Chapman, 
 William A.C. Sones, William R. DeLoach nwl George 
 W. Dainwood, shall constitute a board of which eball b6 
 known by the name and style of the Board of Directors 
 of the "Livingston Female Academy and Normal School," 
 and shall receive no compensation for their serviceB... 
 
72 
 
 § 3. Vacancy; how to fill. — That said board of direct- 
 ors shall hold office as provided in the charter of said 
 Livingston Female Academy, and any vacancy in said 
 board, caused by death, resignation, or otherwise, shall 
 be filled by the remaining members as directed by said 
 charter. 
 
 § 4. Treasurer's bond. — That said board of directors 
 provided for in this act, shall mQet in said academy 
 • building on the first Monday in, July, 1883, and at such 
 meeting they shall choose one of their number as presi- 
 dent of such board , who shall have no vote in the de- 
 liberations of said board, except in case of a tie; they 
 shall also elect a secretary and treasurer, who shall hold 
 their offices for two years, and until their successors are 
 elected and qualified; they shall take from the treasurer 
 such bond as they may deem adequate to secure the faith- 
 ful performance of his duties, said bond to be not less 
 than double the amount of the annual' appropriation^ for 
 the support of said school ; said bond shall be approved 
 by the judge of probate for Sumter county, an4 a certi- 
 fied copy thereof filed in the office of the Superintendent 
 o! Education of the State. Said bond, after this stated 
 imeeting, may meet at such other times and places as 
 they may appoint. 
 
 ^ "'§..5. Disposal of moneys. — That said board, under the 
 limitations orthis act, shall direct the disposal of any 
 a,,ntl all moneys appropriated to said school, and shall 
 define the duties of the secretary and treasurer thereof. 
 
 § 6. Board; duties of. — That it shall be the duty of 
 said board to organize a normal school upon the most 
 approved plan ; they shall elect a sufficient and compet- 
 ent corps of teachers, and a president thereof from a- 
 mong them ; said corps of teachers shall constitute the 
 faculty of said, normal school, and shall hold their posi- 
 ti'oj^s at the pleasure of said board of directors. The 
 board shall also adopt such rules and regulations as may 
 
73 
 
 be necessary for the organization and successful opera- 
 tion of said normal school. 
 
 § 7. Faculty ; duties of. — That it shall be te the duty 
 of the faculty to establish a course of instruction with 
 special reference to educating teachers in the theory and 
 practice of teaching, and, to pass all needful rules and 
 regulations for the discipline of the normal school, sub- 
 ject to the approval of the board of directors. 
 
 § 8. President's report. — That the president of the 
 board of directors shall make a full and complete annual 
 report to the Superintendent of Education of the State, 
 of the operations of the normal school, specifying the 
 number of pupils, the number of teachers, the amount 
 of salary of each , the amount of money received and dis- 
 bursed, and such other information as may be required 
 by law. 
 
 § 9. Applicants for admission. — That applicants for 
 admission o the normal school be not less than fourteen 
 years old, and shall sustain a satisfactory examination 
 in such studies as may be required by the faculty. 
 
 § 10. Obliyatiou. — That white female students shall 
 be admitted from any portion of the State, and shall re- 
 ceive instructions free of charge for tuition, upon sign- 
 ing a written obligation to teach at least two years in 
 the public schools of Alabama, and such obligation shall 
 be filed in the office of the State Superintendent of Ed- 
 ucation. Any student may be released from the obliga- 
 tion by paying such tuition as may be established by 
 the board of directors. 
 
 § 11. Graduates' certificate to teach. — That upon the 
 completion of the course of instruction prescribed in said 
 normal school, and after sustaining a satisfactory exam- 
 ination, upon the recommendation of the president, ap- 
 proved by the board of directors, the State Superintend- 
 ent of Education shall issue a State certificate to the 
 graduates of said normal school, which shallentitle them 
 
74 
 
 to teach in any public school in this State without any 
 further examination. 
 
 § 12. Establishment of other school. — That in connect- 
 tion with said normal school, there may be established 
 apn^lic school or other schools. 
 
 § 13. Money to be paid semi annually. — That the money 
 appropriated and due to the normal school shall be certi- 
 fied semi-annually by the State Superintendent of Educa- 
 tion to State Auditor, upon application of the president 
 o* th« boa-^d of directors, and the State Auditor shall 
 thereupon draw his warrant on the State Treasurer in 
 favor of the treasurer of the normal school for the amount 
 thus certified. The first half of the annual appropria- 
 tion hereby made shall be due and payable on the 1st 
 day of October, 1883. 
 
 § 14. Charter not repealed. That this act shall not bo 
 so construed as to interfere with the Livingston Female 
 Academy, or to repeal the charter thereof, or to interfere 
 with any rights now existing under said charter. 
 
TROY NORMAL SCHOOL. 
 
 § 1. That there is permanently established, in the 
 city of Troy, Pike county, Alabama, a state normal col- 
 lege for the education of white male and female teachers ;. 
 who shall be taught therein, on such conditions and 
 unJor oUch rcolrlcvlons, as may be proscribe,!, txvA t\-"e 
 shall be annually appropriated and set apart from the 
 . first day of April, 1805, the sum of five thoas:ind dollars 
 out of the general educational revenues apportioned tO' 
 the whites for the support and maintenance of the col- 
 lege. The said appropriation shall be under the control 
 of the coramis&ioners hereinafter provided for and shall 
 be applied in su.-h manner as they may deem best to 
 carry out the purposes of this act. Provided, however, 
 that no portion of said appropriation, shall be used for 
 any other purpose, than the payment of the salaries of 
 the faculty. Provided further , nothing in this act shall 
 be so construed as to affect the appropriations for other 
 normal schools as provided in the several acts establish- 
 ing the same or amending such acts all of which are 
 hereby reaffirmed. 
 
 § 2. A board of directors is established consisting of 
 the governor and superintendeVit of education of the State, 
 and the president of the college, ex-officio, and Henry D. 
 Clayton of Barbour county, H. J. Smisson of Henry 
 county, B. R. Bricken and James Folmar of Crenshaw 
 county, Frank Baltzell of Montgomery county, and John 
 B. Knox, J. D. Gardner, 0. C. Wiley and Charles Hen- 
 derson of Pike county, which shall bo kni;wn by 'he 
 names of the board of directors of the State Normal Col- 
 lege, atTroj. On th?:r ^rst annual meeting after the 
 date of this act, they shall divide their number into three 
 
76 
 
 ■equal classes, the first of which shall serve for two years, 
 the second for four, and the third for six years from the 
 date of their appointment, and thereafter all terms shall 
 be for six years, and they shall receive no other compen- 
 sation than actual expenses of attendance. 
 
 § 3. All vacancies on the board shall be filled by ap- 
 pointment by the governor, from lists of nominations 
 made by the State superintendent of education, which 
 lists shall contain three times as many names as the va- 
 cancies to be filled and shall be made up from the coun- 
 ties in the 1, 2, 3, 5 and 9 congressional districts, in the 
 ratios of 1, 3, 2, 2 and 1, respectively, not above three 
 appointed directors being from Pike county, and not 
 more than one from any other county at a time after the 
 expiration of the terms of the present membership. 
 
 § 4. The board shall meet at such times and places 
 as they may appoint, or at the call of the executive com- 
 mittee, of which they shall make an annual appoint- 
 ment, and a majority of whose members shall be from 
 Pike county, 
 
 § 5. The board of directors shall, under the provis- 
 ions and limitations of law, direct the disposal of any 
 and all moneys appropriated or otherwise given to the 
 college, and shall prescribe the duties of all officers and 
 employes. 
 
 § 6. It shall be the duty of the board to organize the 
 the State Normal Colleg'e upon the most approved 
 plans ; to elect a president and corps of instructors, who 
 shall constitute the faculty of the college, and the board 
 may adopt such general rules and regulations as may be 
 necessary for the management of the college. 
 
 § 7. It shall be the duty of the faculy to establish a 
 course of instruction with reference to educating teachers 
 in the theory and practice of teaching, embracing a scho- 
 lastic course of full college grade, and shall pass all 
 
77 
 
 needful rules and regulations for the dicipline of the col- 
 lege. 
 
 § 8. The president of the college shall report from 
 time to time to the board the condition of the college, by 
 chairs and departments, as may appear necessary, and 
 the president of the board shall formulate a full and 
 complete report of the college, prior to October each 
 year, to the State superintendent of education, of the 
 operations of the State Normal College, specifying the 
 number of pupils in the respective courses, the number 
 of professors and other employes, the amount of salary 
 of each, the amount of money received and disbursed, 
 and such other information as may be required by the 
 State superintendent of education under the laws gov- 
 erning. 
 
 § 9. Students shall be admitted from any portion of 
 the State on equal footing with all other portions of the 
 same, and shall receive instructions free of charge for 
 tuition upon signing a written obligation to teach two 
 years after graduation, or failing to graduate, to teach in 
 the public sbhools as many terms as they shall have at- 
 tended the State Normal College free of tuition, and 
 the obligation shall be filed with the treasurer of the col- 
 lege. Any student may be released from such obliga- 
 tion by the payment of the tuition of the college for the 
 terms of his attendance, and any one who do not teach 
 within two years of retirement from the college, shall be 
 legally indebted for the amount of their tuition, which 
 shall be collected as other dues for instruction in the col- 
 lege. 
 
 § 10. Applicants for admission to the State Normal 
 College, shall npt be less than 15 years of age during the 
 term of entering, and shall sustain a satisfactory exam- 
 ination in such requirements as may be fixed by the 
 faculty. 
 
 § 11. Upon the completion of the required course for 
 
78 
 
 same, upon the recommendation of the president of the 
 college, approved by the board of directors, the State 
 superintendent of education, shall issue a State certi- 
 ficate, for two, four, or six years, or for life, according 
 to the course completed ; and upon the completion of the 
 respective courses, as fixed by the faculty, upon the re- 
 commendation of the president of the college, the board 
 of directors may grant such degrees and issue such diplo- 
 mas as they may deem proper ; and when eight years of 
 successful experience in teaching, required for the doc- 
 tor's degree, have been taken, then, in the same manner 
 as for State certificates, the State superintendent shall 
 issue State professional life diplomas, which, and the 
 State certificates, shall entitle their holders to teach in 
 any public school in the State, without further examina- 
 or fee ; Provided, such diploma, or certificate, as may be, 
 shall be first presented to the county superintendent of 
 education, or city school board under whose jurisdiction 
 the holder may wish to teach. The board of directors 
 of the State Normal College may fix such fees for certi- 
 ficates and diplomas as they may deem reasonable. The 
 State superintendent, upon recommendation of the presi- 
 dent of the college, approved by the board of directors, 
 may for cause that would have prevented its issuance, 
 suspend, for definite, or indefinite time, and certificates 
 or diplomas authorized in this section. 
 
 Sec. 12. The money appropriated and due the col- 
 lege, shall be certified semi-annually by the superintend- 
 ent of education, to the State auditor, upon application 
 of the president of the board of directors, and the State 
 auditor shall thereupon draw his warrant on the State 
 treasurer in favor of the treasurer of the State Normal 
 College, for the amount thus certified > the first half of 
 the annual apportionment being due on the first of Octo- 
 ber, 1893. 
 
 Sec. 13. In connection with the college a public 
 
79 
 
 8«hool, or other school, may be maintained as an inter- 
 nal part of the State Normal College, as a model train-, 
 ing school to illustrate and practice the best methods of 
 teaching. 
 
 Sec. 14. As a condition of this appropriation, the 
 citizens, or city council, of Troy, shall furnish and equip 
 with furniture and apparatus, and maintain the same in 
 proper condition, buildings and grounds, whose title 
 shall be vested in the board of directors of the college, 
 free of expense to the State, and without other restric- 
 tion than reversion to thejdonors in case the State should 
 cease to hold and occupy the same as an institution of 
 learning. 
 
 Approved February 21, 1893. Amended February 
 18th, 1895. 
 
NORMAL SCHOOL FOR COLORED STUDENTS. 
 
 MONTGOMERY. 
 
 § 1. The State Normal School and University for 
 colored students now at Marion, Perry county, be and 
 the same is hereby removed to some other place in the 
 State as hereinafter provided, and its name is changed 
 to State Normal School for Colored students. 
 
 § 2. The board of trustees of said Normal school 
 shall consist of six members, together with the Gover- 
 nor and Superintendent of Education, It shall be the 
 duty of the governor, as soon as practicable after the 
 passage of this bill, to appoint six trustees, two of whom 
 shall serve for a term of six years, two shall serve for a 
 term of four years, and two shall serve for a term of 
 two years, and every two years thereafter it shall be the 
 duty of the governor to appoint two trustees who shall 
 serve for a term of six years. 
 
 § 3. The members of said board of trustees shall re- 
 ceive no compensation for their services except their 
 actual expenses in going to and returning from their 
 meetings, which said expenses, upon the certificate of 
 the secretary of the board, approved by its president, 
 shall be paid out of the fund annually appropriated and 
 set apart for the maintenance and support of said Nor 
 mal school. The board of trustees as now organized at 
 Marion shall cease to exist upon the appointment and 
 organization of the new board as hereinafter provided 
 for. 
 
 § 4. Any vacancy in the board of trustees caused by 
 
81 
 
 death, resignation or otherwise, shall be filled by ap- 
 pointment of the governor, the appointee holding for 
 the unexpired term of his predecessor. 
 
 § 5, The board of trustees shall meet at such times 
 and places as it may appoint. 
 
 § 6. The board of trustees shall choose one of their 
 number as president of their board, who shall not vote 
 on any question except in case of a tie, and they shall 
 elect a secretary and treasurer, and they shall elect a 
 secretary and treasurer, and they shall take such bond 
 from such treasurer as they shall deem sufficient and 
 adequate to secure the faithful performance of his duties 
 in at least double the amount that he may have on hand 
 at any one time, bond to be approved by the probate 
 judge of the county wherein the Normal school is loca- 
 ted, and a certified copy thereof filed in the office of 
 State Superintendent of Education. The secretary and 
 treasurer shall be chosen annually, and shall hold their 
 office until their successors are elected and qualified. 
 
 § 7. That said board of trustees shall within thirty 
 days after they are appointed, meet at such time and 
 place as the State Superintendent of Education may ap- 
 point, and shall select a suitable place for said Normal 
 school, having regard for healthfuln<3ss, accessibility 
 and the value of any land or building that may be 
 offered for said Normal school ; Provided, That it shall 
 not be located in any town or city against the wishes 
 of the white people of said town or city. 
 
 § 8. The trustees shall have full power and authority 
 to elect a faculty and such officers and agents as they 
 deem necessary to carry on the Normal school, and shall 
 have authority to discharge such faculty or any member 
 thereof, or any officer or agent, whenever they see fit to 
 do so, and to prescribe the duties of all officers, teachers 
 and agents, and to fix their compensation, and generally 
 6 
 
82 
 
 to govern and control said faculty, and the Normal 
 school. They shall also have authority to settle all 
 claims now existing against said Normal school. 
 
 § 9. For the purpose of buying the necessary land, 
 or buildings, or other necessary land, and erecting 
 thereon the necessary buildings, there is hereby appro- 
 priated the sum of fifteen thousand dollars from the 
 school fund of the colored race, six thousand dollars 
 to be paid to the treasurer of the Normal school on 
 the first day of January, 1889, or as soon thereafter 
 as he may be elected, and give bond ; six thousand 
 dollars to be paid October 1st, 1889, and three thou- 
 sand dollars on the first day of October, 1890. The first 
 six thousand dollars mentioned in this section shall be 
 paid out of the unapportioned balance now in the treas- 
 ury to the credit of the colored school fund. 
 
 § 10. The trustees of the State Normal school shall 
 take charge of the property of the State of Alabama, 
 near Marion, Perry county, and shall dispose of it so as 
 to best subserve the interests of the State. If sold, the 
 proceeds shall be used in furnishing the new buildings 
 wherever located. 
 
 § 11. It shall be the duty of the board of trustees to 
 organize a Normal school upon the most approved plan; 
 said Normal school to constitute a part of the common 
 school system of the State. 
 
 § 12. The president of the board of trustees shall 
 make a full and complete report annually to the State 
 Superintendent of Education showing the operations of 
 said Normal school, the amount of money received and 
 disbursed, and such other information as may be requir- 
 ed by law. 
 
 § 13. That upon the completion of the prescribed 
 course of study in the Normal school, and after sustain- 
 ing a satisfactory examination, upon the recommenda- 
 tion of the president, approved by the board of trustees, 
 
83 
 
 the Superintendent of Education shall issue a diploma 
 to thp graduates of the Normal school, which entitle 
 them to teach in the colored schools of the State without 
 further examination. 
 
 § 14. That in connection with the Normal school 
 there may be established a training department. 
 
 § 15. For the support and maintenance of said Nor- 
 mal school, thereby set apart and appropriated of the 
 school fund for the education of the colored race, the 
 sum of seven thousand five hundred dollars annually, to 
 be paid to the treasurer of the said board of trustees in 
 equal installments on the first days of January, April 
 and October, of every year ; the installments for January 
 and April, 1889, to be paid out of the unapportioned 
 balance now in the treasury to the credit of the colored 
 school fund. 
 
 Approved February 23, 1889. 
 
NORMAL SCHOOL FOR COLORED TEACHERS AT 
 • HUNTSVILLE. 
 
 § 1. Establishment of school; admission of pupils; num- 
 ber required; must be taught nine months annually. — There 
 shall be at Huntsville, in this State, a normal school for 
 the education of colored teachers, to be called and known 
 as "The Huntsville State Colored Normal and Industrial 
 School." Pupils shall be admitted free of charge for 
 tuition in the school, on giving an obligation in writing 
 to teach in the free public schools in this State for two 
 year after they become qualified. The school shall not 
 be begun or continued with a less number than twenty 
 five pupils, nor shall the school be taught for a less 
 period than nine months in each year. 
 
 §2. Appropriation for school . — There is appropriated 
 out of the general school revenue set apart to the colored 
 children, the sum of four thousand dollars, annually, 
 for the maintenance and support of the school, and the- 
 apportionment of the general fund for the colored race- 
 shall be made to the different counties of this State after 
 the deduction of the sum of four thousand dollars herein 
 appropriated for the school at Huntsville ; Provided, this- 
 act shall not take effect until the first day of September, 
 1885. 
 
 § 3 . School under control of three commissioners , who- 
 elect chairman and make quarterly reports. — The school 
 shall be under the direction, control and supervision of j 
 a board of three commissioners, who shall consist of the 
 following persons, to- wit : John M. Crowder, A. S. 
 Fletcher and S, I. Mayhew, who may fill any vacancy 
 that may occur in the board of commissioners. The 
 
85 
 
 jommissioners shall elect one of their number chairman, 
 md tliey shall report quarterly to the Superintendent 
 jf Education how many pupils have been in attendance, 
 »vhat branches have been taught, and other facts of in- 
 erest and importance appertaining to the school. 
 
 5 4. Bond required of chairman , approval thereof; certi- 
 fied copy filed in office of superintendent. — The chairman of 
 the board of commissioners shall give bond in double the 
 amount of the appropriation to the school, for the legal 
 and faithful application of the sum appropriated, the 
 bond to be approved by the judge of probate of Madison 
 county, and a certified copy thereof sent to the Superin- 
 tendent of Education to be filed in his office. 
 
 ^ 5. Money, lioiu drawn. — Tlie chairman of the board 
 of commissioners, after having given bond as hereinbe- 
 fore prescribed, and the bond shall have been approved 
 as herein provided, and a certified copy thereof filed in 
 the office of the Superintendent of Education, shall pre- 
 sent to the Superintendent of Education a requisition for 
 the amount herein appropriated, and the Superintendent 
 of Education shall thereupon certify the amount of four 
 thousand dollars to the State Auditor who shall draw 
 "his warrant for the sum on the State Treasurer, payable 
 to the chairman of the board of commissioners, for the 
 maintenance and support of the normal school. 
 
 [By act approved February 13, 1891, the grant of 
 money made by the United States for the more complete 
 endowment and support of the colleges fbr the benefit of 
 agriculture and the mechanic arts, is divided in the ratio 
 of fifty-six and six-tenths per cent. (56.6) for the school 
 for whites and forty-three four-tenths (43.4) for the 
 school for the colored race, between the A. & M. College 
 of Alabama at Auburn and the Huntsville State Colored 
 Normaland Industrial School.] 
 
NORMAL SCHOOL FOR COLORED TEACHERS AT 
 TUSKEGEE. 
 
 Section 1. George W. Campbell, S. Q. Hale, Louis 
 Adams, Oliver Howard, Henry D. Smith, B. T. Wash- 
 ington, Geo. S. Chaney, R. C. Bedford, Warren Logan ,^ 
 C . N. Dorsette , and such others as they may under this 
 act associate with them, and their successors be, and are 
 hereby constituted a body politic, and corporate, by the 
 name of the Tuskegee Normal and Industrial Institute, 
 and shall have perpetual succession and a common seal, 
 and by the name aforesaid, they and their successors 
 shall be capable in law, and shall have full power and 
 authority, to acquire, hold, possess, purchase, receive 
 and retain to themselves and their successors forever any 
 lands, tenements, rents, goods, chattels, or interest of 
 any kind whatsoever, which may be given or bequeathed 
 to them or by them purchased, or which have already 
 been bequeathed or purchased for the use of the said in- 
 stitution ; and said trustees may receive any gift or in- 
 heritance which may be given as an endowment fund, 
 and they and their successors shall have full power to 
 convey, transfer and dispose of the same in any manner 
 whatsoever the may judge most useful to the interest and 
 legal purposes of said institution, and by their corporate 
 name they may sue and implead, and be sued and im- 
 pleaded, answer and be answered, in all courts of law 
 and equity, and said trustees shall have the right to make 
 contracts in behalf of said institution. 
 
 Sec. 2. The purposes of said Tuskegee Normal and 
 Industrial institution shall be as follows : for the instruc- 
 tion of colored teachers and youth in the various common 
 
87 
 
 academic and collegiate branclies. the best method of 
 teaching the same, the best method of theoretical and 
 practical industry in their application to agriculture and 
 the mechanic arts, and for the ca,rrying out of these pur- 
 poses said trustees shall have the power to establish and 
 provide for the support of anj'- department or school in 
 said institution, and to control the operationf of the same; 
 to grant such diplomas, and to confer such degrees, as 
 are customary in other colleges of like grade ; to appoint 
 such officers for presiding over and transn.cting tlio busi- 
 ness of their body as may be necessary and prescribe 
 their duties and obligations ; to appoint the time and 
 place of their meeting, to determine their own tenure of 
 office, and to adopt such rules, regulation and by-laws, 
 not contrary to the laws of this State or the United 
 States as may be necessary for the good government of 
 the said Tuskegee Normal and Industaial Institute. Said 
 institute shall not be begun nor continued with a less 
 number than twenty-five pupils, nor be taught for a pe- 
 riod less than nine months of each year. Pupils from 
 this State shall be admitted free of tuition on giving an 
 obligation in writing to teach for two years in the public 
 schools of this State after they have become qualified. 
 
 Sec. 3. When there shall be a vacancy in the board 
 of trustees occasioned by death, resignations, removal or 
 refusal to act, the remaining trustee or a majority of 
 them shall supply the vacancy at the next annual meet- 
 ing. It shall be lawful for any five of the trustees to call 
 a meeting of the trustees whenever it is deemed expe- 
 dient to do so. 
 
 Sec. 4. The number of trustees shall never be less 
 than seven nor more than fourteen, the majority of whom 
 shall constitute a quorum. 
 
 Sec. 5. All property acquired by said Tuskegee Nor- 
 mal school, or Tuskegee Institute, or by whatever name 
 so called before the passage of this act, are hereby rati- 
 
88 
 
 fied and confirmed to the trustees of the Tuskegee Nor- 
 mal and Industrial Institute. 
 
 Sec . 6. There is hereby appropriated out of the gen- 
 eral school revenue the sum of three thousand dollars 
 annually toward the maintenance and support of said 
 school, and the apportionment of the general fund for 
 colored children shall be made to the several counties of 
 this State after the deduction of the sum herein appro- 
 priated. The said appropriation shall be under the con- 
 trol of the commissioners hereinafter provided for, and 
 shall be applied in such manner as they may deem best 
 to carry out the purposes of this act, and said commis- 
 sioners shall be members of said board of trustees with 
 the same rights and powers as the other trustees. 
 
 Sec. 7. The appropriation shall be under the direc- 
 tion and control of a board of three commissioners, 
 which shall consist of the following persons, to-wit : 
 George W. Campbell, S. Q. Hale and Louis Adams, who 
 shall elect one of their number os chairman of their 
 board, and shall have power to fill any vacancy that may 
 occur in the board. In case* a majority of the commis- 
 sioners cannot agree upon a person to be chairman, or a 
 person to fill a vacancy in the board; then such disagree- 
 ment shall be certified to the superintendent of education 
 for the State ; that officer shall forthwith appoint a mem- 
 ber of the board to be chairman, or a person to fill the 
 vacancy, as the case may be, and the member of the 
 board so appointed as chairman, and the person so ap- 
 pointed to the vacancy, shall have the same power and 
 authority as if he had been selected by the board. The 
 commissioners shall make an annual written report to 
 the superintendent of education of the condition and 
 progress of the school, the teachers tliat have been em- 
 ployed, the number of pupils that have been in attend- 
 ance, the manner in which the appropriation has been 
 expended, the branches that have been taught, and such 
 
89 
 
 other facts relating to the school as may be of public in- 
 terest and importance. 
 
 Sec . 8. The chairman of the board of commissioners 
 shall give bond in double the amount of the appropria- 
 tion for the safe keeping and faithful application of the 
 sum appropriated ; the bond to be approved by the judge 
 of probate of Macon county and filed in his office, a cer- 
 tified copy of which shall be forwarded to the State Su- 
 perintendent of Education, to be placed on file in his 
 office . » 
 
 Sec. 9. The chairman of the board of commissioners 
 of the Tuskegee Normal and Industrial Instnuie ahail, 
 after the approval and filing of the bond, and the certi- 
 fied copy of the same as provided hereinbefore, present 
 to the State Superintendent of Education a requisition 
 for the amount herein appropriated, and the superinten- 
 dent of education shall thereupon certify the amount to 
 the State Auditor, who shall draw his warrant for the 
 same on the State Treasurer, payable to the chairman of 
 the -board of commissioners, for the maintenance and 
 support of the said Tuskegee Normal and Industrial In- 
 stitute, as hereinbefore provided, and a like requisition 
 shall be presented, and the sum herein appropriated so 
 drawn each year as the same shall accrue. 
 
 Sec. 10. So long as the property, real and personal of 
 the said Tuskegee Normal and Industrial Institute is 
 used for the purposes of education, the same shall be ex- 
 empt from taxation of any kind. 
 
 Sec. 11. Be it further enacted, That all laws and parts 
 of laws in conflict with any of the provisions of this act 
 be, and the same are, hereby repealed. 
 
 Approved February 21, 1893. 
 
LOCAL LAWS. 
 
 MOBILE COUNTY. 
 
 § 1. Expiration of term of service of school officers in 
 office February IS, 1876. — The Superintendent of Public 
 Schools and the School Commissioners in office Febru- 
 ary 15, 1876, in the county of Mobile, shall continue in 
 office until the first Wednesday of September, 1876, at 
 which time their term of service shall expire. 
 
 § 2. When succeessors elected, and commencement of 
 term of service. — At the general election in August, 1876, 
 there shall be elected by the qualified electors of the 
 county of Mobile, six commissioners of public schools, 
 two of whom shall reside at least six miles from the 
 court-house in the county, whose term of office shall 
 commence on the first . Wednesday of September next 
 after the election. 
 
 § 3. How new board of commissioners constituted, classi- 
 fied, and of subsequent election. — On the first Wednes- 
 day of September, 1876, the commissioners so elected 
 shall meet at the rooms of the board of school commis- 
 soners, and shall elect by ballot, three members of the 
 present board, who, with members previously elected, 
 shall constitute the board of school commissioners of the 
 county of Mobile. The school commissioners shall then 
 be divided into three classes, as follows : The members 
 elected from the existing or old board , shall be classed 
 number one; the other six shall be formed into two 
 tickets, having one country member on each, and the 
 ticket shall be drawn for, and the first drawn for shall 
 be classed number two, and the other shall be classed 
 
91 
 
 number three. At the general election in 1878, three 
 commissioners shall be elected by the qualified electors 
 in the county, in place of those comprising class number 
 one. At the general election in 1880, three commission- 
 ers shall be elected in place of those comprising class 
 number two ; and so on every year. At the general elec- 
 tion in the county, three of the board shall be elected 
 by the qualified electors of the county according to their 
 classification in numerical order. 
 
 § 4. President and vice-president of board; county super- 
 intendent; terms of office; oath; other officers and agents. — The 
 school commissioners may elect a president and vice- 
 president, who shall hold their offices respectively until 
 the first Wednesday in September after the next election 
 of school commissioners. They shall also elect a county 
 superintendent of education, who shall hold his office 
 for the period of four years ; and they may elect or ap- 
 point such other officers and agents as they may from 
 time to time deem expedient. The members of the 
 board and the county superintendent shall severally 
 make oath before the judge of probate of Mobile county, 
 that they will faithfully and properly demean themselves 
 in their respective offices to the best of their ability. 
 
 § 5. Incorporation of board; general powers. — The board 
 of school commissioners shall receive, levy; assess and 
 collect all devises, revenues and taxes to which they 
 were by law entitled at the date of the organization of 
 the board of education of the State of Alabama ; and 
 the}" shall have full power to continue in force, revise, 
 modify and improve, as to them may seem fit, the pub- 
 lic school system existing in the county of Mobile, and 
 to make such by-laws, rales and regulations, not jnoon- 
 sist9n<^ with the ""aws of this State or of the United 
 States, for the government of the board and of such 
 schools, as they may deem expedient or necessary. 
 They shall hold regular meetings of the board , at such 
 
92 
 
 time as they may fix upon, and adjourned or special 
 meetings when necessary. Five member of the board 
 shall constitute a quorum for the trasaction of business, 
 but no business involving a change in the system, rules 
 or regulations, or affecting the general interest of, the 
 county, shall be transacted except at the regular meet- 
 ing, after notice given, or wneu a full board is in attend- 
 ance. The board shall be a body corporate, may have a 
 common seal, may sue and be sued, shall have power to 
 purchase or lease such property for school purposes as 
 in their judgment may be necessaiy for the proper ac- 
 commodation and comioru ol pupils and teachers, and 
 may fix the compensation and bonds of its officers, 
 agents and employes, and change the same at pleasure ; 
 but the sum or sums so expended shall not exceed in 
 any one year, twenty per cent, of the income of the 
 board, exclusive of the amounts derived from the public 
 school revenue. The board shall also have power to sell 
 or exchange any of the pruperty, the Barton Academy 
 buildings only excepted ; but when the value of such 
 property shall not exceed five thousand dollars, two-thirds 
 of the members of the board shall vote in favor of the 
 sale, and when the value exceeds five thousand, the sale 
 to be valid, shall receive the unanimous vote of the 
 boards and be approved by the judge of probate of Mobile 
 county. 
 
 § 6. Filling vacancy; proceedings recorded; semi-annual 
 publications; report to superintendent. — The board of school 
 commissioners have power to fill any and all vacancies 
 that occur therein, or in the office of superintendent; 
 and the persons that may be elected by the board to fill 
 vacancies shall hold their offices until the term for which 
 their predecessors were elected shall expire. The board 
 shall cause full minutes of its proceeding to bo kept, in 
 well bound books, subject at all times to the inspection 
 of the citizens of -Mobile county. It shall cause to be 
 
93 
 
 published semi-annuall}^ in one or more newspapers 
 published in the city of Mobile, a full statement of the 
 revenue and disbursements of the preceding six months, 
 the number of schools kept, of teachers employed, and of 
 pupils instructed. It shall transmit annually to the 
 Superintendent of Education, to be by him laid before 
 the General Assembly, a full statement of its receipts 
 and disbursements during the year, and such further in- 
 formation and statistics of its transactions as the Super- 
 intendent may require. 
 
 § 7. The county superintendent of Mobile county. — The 
 county superintendent of education shall be ex-officio a 
 member and treasurer of the board of school commission- 
 ers and it shall be his duty to be present at every regu- 
 lar meeting of the board, and make full and detailed re- 
 ports of the condition of the schools and all matters com- 
 ing under his supervision as often as the board may re- 
 quire. He shall have, under the direction of the board, 
 general supervision of the public schools*in the county 
 of Mobile, shall collect, receive and disburse the reven- 
 ues of the board, under such rules and regulations there- 
 for as the board may from time to time prescribe, and 
 shall make detailed exhibits of all receipts and expendi- 
 tures, accompanied by proper vouchers, at such times as 
 the board may require, and, in general, shall perform 
 all duties and carry into effect all orders and resolutions 
 which the board may establish and direct. He shall re- 
 ceive such compensation for his service as the board 
 may ordain, and may, at any time, be removed from 
 oflfice for dereliction in duty, after the due examination 
 had ; but not less than two-thirds of the members com- 
 prising the board shall vote in favor of such removal. 
 He shall give' good and sufficient bond, to be approved 
 by the president of the board and the judge of 'probata 
 of the county, in sucii sum as the board may determine ; 
 but the penalt}' of the bond shall not be required to ex- 
 ceed double the amount of money which the Superin- 
 tendent can receive and have in possession at any time. 
 
CITY OF BIRMINGHAM. 
 
 The mayor aud aldermen shall have power to estab- 
 lish and maintain free white public schools and free col- 
 ored public schools in said city, in which the children 
 ana vvaids iiuoi ocveu lu ovvuiiiy-ouc years. oi i-i^w, oi ctxl 
 actual residents, within the corporate limits, shall be en- 
 titled to seats as pupils : Provided, such children are 
 themselves bona fide residents of said city ; but non-resi- 
 dent children may be admitted into such schools on such 
 terms as the board of education may prescribe, and sep- 
 arate schools shall be provided for the children of citi- 
 zens of African descent. The public schools of said city 
 shall be under the charge of the board of education, to 
 consist of the mayor and six other persons, to be elected 
 by the mayor and board of aldermen. The board of ed- 
 ucation existing at the time this act goes into effect, 
 shall exercise the powers and perform the duties herein- 
 after provided ; aud the rasmbers thereof shall hold office 
 during the time for which they were elected. The suc- 
 cessors to eaph of said board shall be elected at the ex- 
 piration of the term of such members, two members be- 
 ing elected annually, and the term of office shall be three 
 years. Each member of the board of education, except 
 the mayor, shall, upon his induction into office, take an 
 oath, to be administered by the mayor, to faithfully dis- 
 charge his duties as a member of said board. The board 
 of education shall have the following powers and duties : 
 1. To build upon the school property of the city suitable 
 houses for the use and accommodation of the public 
 schools, or to rent such houses, and to keep such houses 
 in repair, and furnish the same with proper furniture 
 
95 
 
 and apparatus. 2. To open a sufficient number of 
 schools to meet the wants of the population of the city ; 
 elect a superintendent of schools, the principals and all 
 teachers, fix their compensation and prescribe their du- 
 ties ; control the distribution of teachers and pupils 
 among the several schools ; dictate the course of instruc- 
 tion, the number and character of textbooks, the organ- 
 ization of classes, and the method of teaching ; to pre- 
 scribe rules and regulations for the government of the 
 schools, and to exercise such additional powers as will 
 be necessary to give it complete control of the public 
 schools of the city ; but the plan of instruction and the 
 rules and regulations adopted by the board of education 
 shall be adhered to unless altered by a two-thirds vote. 
 3. To issue diplomas to all persons who satisfactorily 
 complete the course of study prescribed for the public 
 high school. 4. To charge in the high school such inci- 
 dental or other fees as may be deemed necessary for the 
 proper conduct thereof ; but no fee, or charges of any de- 
 scription, must be made in any of the schools of lower 
 grade than the high school , 
 
 5. It shall be the duty of the board of education, be- 
 fore the first Wednesday in April in each year, to pre- 
 pare and file with the mayor, an estimate of the money 
 that will be required for the maintenance of the public 
 schools for the succeeding scholastic year, and the erec- 
 tion and repair of necessary school buildings; and the 
 board of mayor and aldermen of said city shall , so far as 
 they are able with the means at hand, of which the 
 mayor and aldermen shall be the judges, make the 
 necessary provisions to supply whatever additional funds 
 may be necessary to meet the estimate so made. All 
 funds devoted to public school purposes in said city, 
 whether derived from the State, county or city, shall be 
 paid into the city treasury, and shall be disbursed as the 
 board of education mav direct ; Provided, that not more 
 
96 
 
 than four per cent, of the money derived from the State 
 shall be used otherwise than for the payment of teachers- 
 employed in such schools. 
 
 6. To create a board for the examination of applicants 
 for positions as teachers in the public schools of the city; 
 and no person shall be elected as a teacher in such 
 schools who shall not have received a license from such 
 board ; and the board of education may in its discretionr 
 institute competitive examinations of applicants for posi- 
 tions as teachers in the public schools, including licensed 
 teachers, who are applicants for re-election. 
 
 Approved December 12, 1890. 
 
 AN ACT 
 
 To amend sections 8 and 10 of an act to create the board 
 of education of the' city of Birmingham, and to pre- 
 scribe the powers and duties of the same . 
 
 Section 1. Be it enacted by the General Assembly of 
 Alabama, That section 8 of an act to create a board of 
 education for the city of Birmingham, and to prescribe 
 the powers and duties of the same is hereby amended so 
 as to read as follows : Section 8. That the board of ed- 
 ucation shall have power to charge non-resident pupils^ 
 attending the several grades of said schools such tuition 
 or other fees as it many deem necessary for the proper 
 conduct of such school. Provided : that the said board 
 of education may, in their discretion assign such free 
 scholarships in the various grades of such schools a& 
 they, in their judgment, deem proper. 
 
 Sec. 2. Be it further enacted, That section 10 of said 
 act be amended so as to read as follows : Section 10. 
 That all moneys devoted to school purposes in the city 
 of Birmingham, whether derived from state, county or 
 
97 
 
 «ity of Birmingham, or obtained by gift or bequest, or 
 in any other manner whatsoever, shf^ll be paid over into 
 the hands of a treasurer, elected by the board of educa- 
 tion, as herein provided, all moneys intended for school 
 purposes in the hands of the treasurer of the city of Bir- 
 mingham, together with the poll tax and the amount of 
 the estimate for any scholastic year filed with the mayor 
 and aldermen as provided in section 9 of this act, Rud 
 •hall be by him paid over to the treasurer of the board 
 of education in three equal installments, on the first day 
 of September, the first day of Decembe#, and the first 
 day of March of the said year. Such moneys, together 
 with all unexpended balances in the hands of said treas- 
 urer of the board of education, shall constitute a school 
 fund which shall be disbursed in the interests of the pub- 
 lic schools of Che city of Birmingham in such manner as 
 the board of education may direct. 
 
 Sec. 3. Be it further enacted, That the said treasurer 
 •hall execute a bond, the amount of the same to be fixed 
 by the said board of education of the city of Birming- 
 ham. 
 
 Skc. 4. That said board of education shall have power 
 to build upon the property of the city, suitable houses 
 for the use and accommodation of the public schools of 
 •aid city, whenever funds shall have been provided for 
 the same, or the board may rent such houses, and shall 
 keep said houses in repair and furnished with suitable 
 furniture, apparatus and appliances, and to enable said 
 board to do this and maintain an efficient system of pub- 
 lic schools free, as nearly as 'practicable to all the school 
 children in the city, there is hereby laid and levied upon 
 all the taxable property within the corporate limits of the 
 said city, or that may be lawfully taxable therein, an 
 amnual tax, two-tenths of one per cent, or twenty cents 
 on every one hundred dollars worth of such property, 
 7 
 
98 ' 
 
 which shall be assessed by the tax assessor of Jefferson 
 county at the same time, and in the same manner, and 
 ■under the same penalties and entered on the same lists 
 with other state taxes. And the same shall be collected 
 by the tax collector of Jefferson county at the same time 
 with and as a part of the state taxes. And when col- 
 lected shall be paid over each week to the treasurer of 
 said board to be by him paid out and expended under 
 the orderp; and direction of the said school board that 
 whenever tne tax levied by the state shall exceed riity- 
 five cents on livery one hundred dollars of taxable prop- 
 eirty, then the tax hereby levied shall be diminished to 
 that rate which added to the rate levied by the state shall 
 not exceed seventy- five cents on every one hundred dol- 
 .lars worth of taxable property, the limit fixed by the con- 
 stitution . 
 
 Sec. 5. And that all laws and parts of laws in con- 
 flict Afith this the provisions of this act be and the same 
 are repealed. 
 
 Approved February 18th, 1895. 
 
CITY OF MONTGOMERY. 
 
 The corporate limits of the city of Montgomery as 
 now established, and as changed from time to time shall 
 constitute a school distrirt separate and apart from the 
 other districts in Montgomery county, ihe manage- 
 ment and control of the public schools in the city shall 
 continue for the current scholastic year as now organiz- 
 ed and conducted . Thereafter there shall be a city board 
 of education which shall consist of five members who 
 shall be qualified city electors and reside in the city, 
 and shall not be members of the city council. It shall 
 be the duty of the city council as soon as practicable 
 after the next municipal election to el6ct five members 
 of said board, who shall hold their offices respectively 
 for one, two, three, four and five years, the term of the 
 several members so elected to be assigned to them re- 
 spectively by the city council at the time of such elect- 
 ion, in such manner as the cuy council may adopt, and 
 annually after such first election the city council shall 
 «lect one member of said board, whose term of office 
 shall be five years and in the event of a vacancy from 
 • any cause in the said board of education, the city coun- 
 \ til shall elect a new member to fill out the unexpired 
 term. It shall be the duty of said board of education 
 to prescribe and pass upon the qualifications of and elect, 
 subject to the confirmation of the council, the superin- 
 ; undent, and also elect principals and teachers for the 
 public schools in the city, and they may hold annual 
 competitive examinations of applicants for positions as 
 principals and teachers in the public schools of said city 
 including principals and teachers in the schools who are 
 
100 
 
 candidates for re-election, and shall have the power to 
 grant certificates of qualifications of different grades to 
 all applicants who pass examinations, and may issue 
 diplomas to graduates of the high school, and shall have 
 the power to adopt, and from time to time, alter and re- 
 peal such by-laws, rules and regulations as they may 
 deem proper for their own government of the schools, 
 and for the conduct of the business before said board, 
 not inconsistent with the laws of this State, or ordin- 
 ances of the city council. Said board shall have control 
 and management of said schools, and shall have the 
 right to prescribe and make changes in the books used 
 in said schools and generally to regulate the course of 
 instruction and method of teaching. It shall be the du- 
 ty of s.aid board to visit the schools at least once a month. 
 Said board shall prescribe the terms of principals and 
 teachers and within the limits of the fund appropriated or 
 received for school purposes, shall fix the salaries of princi- 
 pals and teachers, and may at the pleasure of said board in- 
 crease or diminish such salaries for the several positions, 
 provided that the salary of no person occupying the pos- 
 ition of superintendent, principal or teacher shall be in- 
 creased or diminished during the term for which he (or 
 she) was elected, and th© term of office of the superin- 
 tendent of the schools, shall be two years. It shall b« 
 the duty of said board to require the superintendent of 
 the public schools to keep full and accurate accounts of 
 all moneys received and disbursed for the above schools; 
 they shall report to the city council the amount of all 
 salaries, as fixed by them, and the city clerk shall issue 
 on the first day of each month a warrant on the treasurer 
 for the salaries of the superintendents, principals and 
 teachers for the preceding month. The salary of the 
 superintendent shall be fixed by the board of education 
 and shall not exceed two thousand dollars per annum. 
 Said board shall have and exercise such other powers as 
 
101 
 
 may be necessary to give such board complete control of 
 the public schools in the city, not inconsistent with the 
 provisions of this charter. The said city council shall 
 have the power to lease or build school houses, and shall 
 have the power to buy or lease lands for the purpose of 
 building school houses, taking the deeds and leases to 
 the city of Montgomery, and also to purchase and fur- 
 nish school buildings and to make such appropriations 
 and exercise all control they now exercise in respect to 
 the maintenance of said city public schools, not incon- 
 sistent with the provisions of this act. The said school 
 district shall receive its proportionate share of the public 
 school revenue, and shall also receive all taxes collected 
 as poll taxes within the said district, for the use and 
 maintenance of the public schools therein and which 
 shall be collected by the superintendent of the schools 
 and by him paid to the city treasurer, and all other 
 funds collected by him shall be paid to the city treasurer, 
 who shall issue a receipt for all such moneys received. 
 It shall be the duty of the city clerk and treasurer to 
 credit the school department of the city with such pay- 
 ment, in addition to the moneys appropriated to * said 
 departments by said city council as herein provided, and 
 all funds so credited, shall be paid out on requisition of 
 said board as other moneys in the city treasury are di- 
 rected to be paid out. The said city council of Mont- 
 gomery may appropriate out of the revenues of said city, 
 in addition to the other funds provided for in this char- 
 ter, such snips as they may determine for the use and 
 maintenance of the said schools, and may also make 
 such appropriations as may be necessary for the furnish- 
 ing, lease and erection of school buildings and the pur- 
 chase and lease of lands on which to erect school houses. 
 The said board of education may at any time remove 
 said superintendent of schools, or any officer or teacher 
 therein, and said superintendent, officer or teacher of 
 
 
102 
 
 said schools -when removed shall be ineligible for re-eleo 
 tion during the term for which they were originally elect- 
 ed. All vacancies in the offices of superintendent, prin- 
 cipals and teachers shall be filled by the said board of 
 education. The superintendent of said public schools 
 shall give bond in the sum of three thousand dollars. 
 He shall personally overlook, supervise and manage the 
 said public schools under the direction of the said board 
 of education ; shall attend to the taking of the school 
 census, (with such assistance as may be aUowed him 
 by the council to be paid for out of the money appropri- 
 ated for the department of schools,) which census shall 
 be taken for said city in the month of April of each odd 
 year, and it shall further be the duty of said superin- 
 tendent to make full and complete reports to the State 
 superintendent of education and to said city council, and 
 to discharge such other duties not inconsistent with this 
 act as the said city council and board of education may 
 prescribe ; Provided, that the term of office of the mem- 
 bers of the present board of education shall in no man- 
 ner be affected by this amendment. Feb. 18, 1895. 
 
CITY OF SELMA. 
 
 AN ACT. 
 To incorporate the City School Board of Selma. 
 
 Section 1. Be it enacted by the General Assembly of 
 Alabama, That George 0. Baker, Courtney J. Clark, 
 EHmund W. Pettus William E Wailes. George Peacock, 
 A. M. Fowlkes, R. M. Nelson, Samuel M. Sterne, Jon- 
 athan Haralson, William P. Armstrong and Hugh S. D. 
 Mallory, who are now the trustees of Dallas Male and 
 Female Academy, and their successors in office as such 
 trustees, be and they are hereby incorporated by the 
 name of The City School Board of Selma. 
 
 Sec. 2. Be it turther enacted.. That the city school 
 board of Selma shalJ have exclusive power to establish, 
 Toguiaie, control and conduct the public schools in the 
 school district of Selma, and shall be capable and liable 
 in law and in equity to sue and be sued, to plead and be 
 'iipleaded, and shall have power to make such by-laws, 
 iiles and regulations for the government of their own 
 body, and to make such rules and regulations for the 
 election and pay of teachers, the admission of pupils, 
 and the conduct and control of public schools in the 
 school districts of Selma as they may deem necessary, 
 not inconsistent with the constitution or laws of this 
 ^>tate or of the United States. 
 
 Sec. 3, Be it further enacted. That the city school 
 board of Selma shall have power to divide Selma into 
 =^''bool districts and to oroct, purchase or rent buildings 
 for public schools, and to furnish and keep the same, in 
 repair ; to establish and control separate schools in SeU 
 ma for the education of children of African decent, and 
 separate schools for the education of white children, and 
 
104 
 
 to regulate the admission of pupils to all such public 
 schools ill Selma; and to establish a high school for teach- 
 ing the higher branches of education and to award di- 
 plomas to graduates of the high school under such regu- 
 lations as they may adopt, and the city school board of 
 Selma shall have power to collect a contingent fee from 
 each pupil, not to exceed two dollars for any scholastic 
 year to meet current expenses, and to fix and collect 
 such tuition fees in the high school as may be deemed 
 necessary , in addition to their income from other sources 
 to carry on said school. 
 
 Sec. 4. Be it further enacted, That all money appro- 
 priated to public schools in Selma by this state shall be 
 paid out by the superintendent of education for the 
 school district of Selma, as now provided for by law, 
 but all money collected by .Selma as a special tax under 
 its charter, and all money collected by Selma for the 
 purposes of public schools in Selma shall be paid to the 
 treasurer of the city school board of Selma, to be dis- 
 bursed by him" under the directions of the city school 
 board of Selma, and shall make annually in June a 
 statistical and financial report to the city council of 
 Selma. 
 
 Sec. 5. Be it further enacted, That the city school 
 board of Selma shall have power to appoint such officers 
 and agents as they may deem necessary to carry into 
 effect the powers herein granted, and to prescribe the 
 duties of such officers and agents. 
 
 Sec. 6. Be it further enacted, That nothing in this 
 act contained shall be construed to be an amendment of 
 the act of the Legislature of the State of Alabama, ap- 
 proved January 30th, 1845, whereby the trustees of 
 Dallas Male and Female Academy were incorporated. 
 
 Sec. 7. Be it further enacted, That all laws and parts 
 of laws in conflict with this act be and the same are 
 t' hereby repealed. 
 
 Approved December 10, 1890. 
 
CITY OF HUNTSYILLE. J 
 
 § 1. Iluntsville, a district. — The corporate limits of 
 the city of Huntsville shall constitute a school district 
 separate from the remaining school districts of the 
 county of Madison, State of Alabama. 
 
 § 2. Fro rata share of school revenues to he received a>nd 
 disbursed by city superintendent. — The city of Huntsville, 
 as such school district, shall receive its proportional 
 share of the public^school revenues, including a pro raia 
 share of the sixteenth section funds of each township 
 that lies partly within the corporate limits of said city, 
 and shall also receive all the tax collected as pull tax 
 within the corporate limits of the city ; the revenues to 
 be drawn aud disbursed by the city superintendent of 
 education in the same manner as county superintendents 
 of education draw and disburse revenues for their re- 
 spective counties, and the amount thus drawn by the 
 city superintendent of education shall be used exclusively 
 for the maintenance of public schools in the city. 
 
 § 3. City Superintendent ; bond, powers and duties. — 
 There shall be a superintendent for the city of Hunts- 
 ville, and as such superintendent he shall give bond and 
 qualify as required by law of county superintendents, 
 and shall be commissioned as superintendent of public 
 schools in the city of Huntsville ; and such superintend- 
 ent is authorized to co-operate with the board of mayor 
 and aldermen of the city of Huntsville, in keeping up 
 fichools in the city of Huntsville, and he is also fully 
 authorized to make contracts with teachers for such 
 schools, and to make with the educational institutions 
 in the city of Huntsville all such necessary and proper 
 
106 
 
 arrangements for the keeping up, managing and con- 
 ducting the schools in the city as may be found best for 
 the interests of its citizens. 
 
 § 4. He is under the control of State Superintendent; 
 removal; appointee , in case of vacancy. — The Superintend- 
 ent of Education for the city of Huntsville shall be un- 
 der the jurisdiction and control of the Superintendent of 
 Education, and in the event of a vacancy occurring, by 
 reason of removal from office of the city superintendent 
 of education by the Superintendent of Education, or 
 from any cause, the Superintendent of Education shall 
 appoint his successor ; and such appointee shall give 
 bond and qualify as other county superintendents. 
 
 § 5. Compensation of superintendent for city. — The 
 superintendent of education for the city of Huntsville 
 shall receive for his services such compensation as may 
 be fixed by the Superintendent of Education ; but in no 
 event shall it exceed one hundred dollars. 
 
 § 6. Enumeration of children , report thereof, and com- 
 pensation. — The city superintendent shall, during the 
 month of September, 1877, and every two years there- 
 after, cause to be made an enumeration of all the chil- 
 dren, white and colored, male and female, between the 
 ages of seven years and twenty-one years, who reside in 
 the corporate limits of Huntsville, and make report 
 thereof to the Superintendent of Education by or before 
 the first day of October in each year in which the enu- 
 meration shall be taken ; and compensation shall be 
 allowed for such enumeration, not to exceed five cents 
 for each person enumerated ; but such money may be 
 paid out of the money raised by the city of Huntsville 
 for school purposes. 
 
CITY OF EUFAULA. 
 
 The corporate limits of the City of Eufaula, in Bar- 
 bour county, State of Alabama, shall constitute a school 
 district separate and distinct from the remaining school 
 districts and parts of districts of said county of Bar- 
 bour. 
 
 Sec. 2. Be it further enacted^ That the public schools 
 of the City of Eufaula shall be under the management 
 of a city board of education consisting of five members 
 to be elected annually by the city council of Eufaula at 
 their first meeting in January in each year, one from 
 each ward of the city at large who shall serve without 
 pay. 
 
 Sec. 3. Be it further enacted^ That the management 
 and supervision of the public schools in said school 
 district shall be under the city superintendent of educa- 
 tion, with such salary as the city board of education 
 may determine to be paid out of the city treasury as 
 other city officers are paid ; the city' superintendent of 
 education shall be elected by the city board of education, 
 and the city superintendent shall be under the superin- 
 tendent of education as the county school officers are. 
 
 Sec. 4. Be it further enacted , That the city superin- 
 tendent shall take general supervision of the public 
 schools in the city, make full and complete reports to 
 the superintendent of education as the law requires of 
 county superintendents of edncation, and perform such 
 other duties as are required by countv superintendents 
 under the general school law. 
 
 Sec. 5. Beit further enacted, That the City of Eu- 
 faula as such school district shall receive its proportion- 
 
108 
 
 ate share of the public school fund including the pro 
 rata share of the sixteenth section fund of each town- 
 ship that lies partly within the corporate limits of the 
 city and shall also receive all moneys which are, or may 
 be collected from license from .the sale of liquor in beat 
 five in Barbour county, all such funds to be drawn from 
 the proper authorities, and disbursed by the city super- 
 intendent of education in the same manner as county 
 superintendents of education draw and disburse funds 
 for their respective counties, and the amounts thus 
 drawn by the city superintendent of education shall be 
 used exclusively for the maintenance of the free public 
 schools in the city. 
 
 Approved Febrvary 14, 1891. 
 
CITY OF TUSKALOOSA. 
 
 § 1. The corporate limits of the city of Tuskaloosa, 
 and that portion of Tuskaloosa county, which is situated 
 in Township twenty-one (21), and range ten (10) west,. 
 Bouth of the Warrior river, shall constitute a separate 
 school district, separate and apart from the other school 
 districts of the county of Tuskaloosa, and the inhabi- 
 tants of said school districts are hereby incorporated by 
 the name of "the school district of the city of Tuska- 
 loosa."' 
 
 § 2. The city of Tuskaloosa, as such separate school 
 district, shall receive the proportionate share of the pub- 
 lic school fund coming to the county of Tuskaloosa, in- 
 cluding a pro rata share of the sixteenth section fund of 
 each township that lies partly within the school district 
 of the city, and shall receive all the taxes collected as 
 poll taxes within such school district, said fund and 
 taxes to be drawn and distributed by such officers as 
 may be appointed for that purpose by the board of educa- 
 tion of the school district of the city of Tuskaloosa, in 
 the same manner as county superintendents of educa- 
 tion draw and disburse the funds for their respective 
 counties ; and the amount thus drawn for the city of 
 Tuskaloosa shall be used exclusively for the- maintenance 
 of public schools in said districts, and the city of Tuska- 
 loosa is authorized to increase its school fund by receiv- 
 ing donations, but for the disbursement of all donated 
 funds no charge whatever shall be made, and the mayor 
 and alc|,ermen of the city of Tuskaloosa are hereby au- 
 thorized to increase the school fund by levying a tax, 
 not to exceed one-fourth of one per rent, on the taxable 
 property of said city, which shall^be collected as the other 
 
no 
 
 taxes of said city. The tax collector of the city of 
 Tuskaloosa shall be authorized and empowered to collect 
 the State and county poll taxes of all the inhabitants of 
 said school district liable to pay said tax in the same 
 manner as is now by law provided for the collection 
 thereof. 
 
 § 3. The public schools of the school district of the 
 city of Tuskaloosa, shall be under the charge of a board 
 of education, to consist of the mayor of Tuska]or«n, who 
 shall be ex-officio president of said board, and four other 
 persons, residents of said district, to be elected by the 
 mayor and aldermen of said city at their regular meeting 
 in the month of July, 1875 ; the two first elected shall 
 hold their office for the term of one year, and the two 
 last elected shall hold their office for the term of two 
 years, and at each regular meeting in the month of 
 July of each year, they shall elect two suitable persons 
 to suceed those whose offices have expired, so that two 
 of each persons shall be elected annually, and the persi- 
 dent of said board sliall make reports and furnish statis- 
 tics and information to the Superintendent of Educa- 
 tion of the State as may be required by law of county 
 superintendents of education. 
 
 § 4. Each member of said board of education, shall 
 upon entering on the duties of his office, subscribe an 
 oath to faithfully discharge all the duties enjoined upon 
 him by law as such officer; such oath may be adminis- 
 tered by the mayor of said city. 
 
 § 5. Said board of education shall have power, with 
 the approval of the board of mayor and aldermen, to 
 build upon the property of the city suitable houses for 
 use and accommodation of the public school of said 
 school district, or the said board may rent such ^houses. 
 Said board shall keep such houses in proper repair and 
 shall furnish the same with appropriate furniture and 
 apparatus ; Provided, that no contract shall be entered 
 
Ill 
 
 into aud no disbursement of any money or funds; under 
 the provisions of this act shall be made, except by the 
 consent and under the direction aud control of the board 
 of mayor and aldermen. 
 
 § 6. The said board of education shall open a suffi- 
 cient number of schools to meet the wants of the popula- 
 tion of the city of Tuscaloosa ; and said board shall elect 
 such officers as are in their opinion necessary to the good 
 government of said scliools, and when required such offi- 
 cers shall, before entering upon the duties of their re- 
 spective offices, take the oath of office prescribed by law 
 for all officers in this State, and shall give bond in such 
 sum as may be fixed by said board of education, and 
 conditioned as all other official- bonds; such bond shall 
 be approved by the president of said board of education 
 and filed with the official bonds of the city, and a certi- 
 fied capy of the bond of the officer selected to receive the 
 funds of said district shall be filed in the oflSce of the Su- 
 perintendent of Education ; and shall elect all teachers, 
 fix their compensation and prescribe their duties, control 
 the distribution of teachers and pupils among the sev- 
 eral schools, dictate the course of instruction, the num- 
 ber and character of text-books, the organization of 
 classes, and the method of teaching, and shall prescribe 
 rules and regulations for the government of the schools 
 aforesaid. Such board shall have and exercise such 
 other and additional powers as may be necessary to give 
 it complete control of the public schools of said school 
 district. Any of sch officers or teachers may be removed 
 for cause, to be determined by said board. 
 
 § 7. Said board of education may issue diplomas to 
 all persons who satisfactorily complete the course of 
 study prescribed for the public schools of said school dis- 
 trict. 
 
 §8. The children and wards of ail actual residents 
 within the limits of the school district of the city of Tus- 
 
112 
 
 caloosa, from seven to twenty-one years of age, shall be 
 entitled to seats as pupils in the public schools of said 
 city; Proi'/(ied, such children shall themselves be bona 
 fide residents of said city, and non-resident children may 
 be admitted into such schools on such terms and condi- 
 tions as the board of education may prescribe, but sepa- 
 rate schools shall be provided for colored children. 
 
 § 9. The board of education shall have power to 
 charge, in the several grades of said schools, such inci- 
 dental or other fees as they may deem necessary for the 
 proper conduct of said schools. 
 
 § 10. All funds devoted to public school purposes in 
 the school district of the city of Tuscaloosa whether de- 
 rived from State, county or city, shall be paid into the 
 treasury of said city, where they shall be kept and ac- 
 counted for separate and distinct from all other funds be- 
 longing to said city, and shall be disbursed in such man- 
 ner as the board of education shall direct. 
 
 § 11. The board of education shall have authority to 
 create a board for the examination of applicants for 
 positions as teachers in the public schools of the school 
 district of the city of Tuscaloosa, and no person shall be 
 elected as a teacher in said schools who shall not have 
 received a license from such board, 
 
 § 12. The board of education may, in its discretion, 
 institute annual competitive examinations before such 
 persons as the board may select, for all applicants for li- 
 censes to teach in the public schools in said school dis- 
 trict, including licensed teachers in said schools,, who are 
 applicants for re-election as teachers. 
 
 Approved February 17, 1885. 
 
TROY DISTRICT. 
 
 § 1 . The corporate limits of the city of Troy shall 
 constitute a school district in the county of Pike, and 
 the inhabitants of said city are hereby incorporated by 
 the name of "The School District of the city of Troy." 
 
 § 2. The city of Troy, as such separate school dis- 
 trict, shall receive the proportionate share of the public 
 school fund coming to the county, and shall receive all 
 taxes collected as poll taxes within such school district, 
 said fund and taxes to be drawn and disbursed by such 
 officer as may be appointed for that purpose by the board 
 of education of the school district of the city of Troy, in 
 the same manner as county superintendents of education 
 draw and disburse the funds of their respective counties; 
 and the amount thus drawn for the school district of the 
 city of Troy shall be used exclusively for the mainten- 
 ance of public schools in said district, and the city of 
 Troy is authorized to increase its school fund by receiv- 
 ing donations ; but for the disbursement of donated 
 funds no charge whatever shall be made, and the mayor 
 and councilraen of Troy are hereby authorized to increase 
 the school funds by levying a tax, not to exceed one- 
 fourth of one per centum, on the value of the taxable 
 property of the city, when in their opinion they deem 
 best, which shall be collected as other taxes of the city, 
 and by appropriating any suplus fund arising in the 
 treasury of said city to said school fund. The tax col- 
 lector of the city of Troy shall be authorized, and is 
 hereby empowered, to collect the State and county poll 
 taxes of all the inhabitants of said school district liable 
 to pay said tax, in the same manner as is now or may 
 8 
 
114 
 
 hereafter be provided by law for the collection thereof. 
 
 § 3. The public schools of the school district of the 
 city of Troy, shall be under the charge of a board of 
 education to consist of the mayor of Troy , who shall be 
 ex-officio president of said board, and four other persons, 
 residents of said district, to be elected by the mayor and 
 councilmen of Troy at their regular meeting in January; 
 the first 'two elected shall hold their said office for the 
 term of two years, and until their successors are elected 
 and qualified, and at each regular meeting in the montli 
 of June of each year, they shall elect two suitable per- 
 sons to succeed those whose office has expired, so that 
 two of such persons shall be elected annually, and the 
 president of said board shall make reports and furnish 
 statistics and information to the Superintendent of Edu- 
 cation of the State, as may be required by law of county 
 superintendents of education. 
 
 § 4. Such member of said board of education shall, 
 upon entering upon the duties of his office, subscribe an 
 oath to faithfully discharge all the duties enjoined upon 
 him by law as such officer ; such oath may be adminis- 
 tered by the mayor of said city. 
 
 § 5 . That said board of educaction shall have power, 
 with the approval of the mayor and councilmen of Troy, 
 to build upon the property of the city, suitable houses 
 for the use and accommodation of the public schools of 
 said school district, or the board may rent or purchase 
 such houses. Said board shall keep said houses in prop- 
 er repair, and shall furnish the same with appropriate 
 furniture and apparatus ; Provided, that no contract shall 
 be entered into, and no disbursements of any moneys or 
 funds under the provisions of this act shall be made ex- 
 cept by the consent and under the direction and control 
 of the mayor and councilnaen of Troy. 
 
 § 6. Said board of education may open a sufficient 
 number of schools to meet the wants of the population 
 
115 
 
 of the city of Troy ; and said board shall elect such offi- 
 cers as are, in their opinions, necessary to the good 
 government of said schools, and when required, such 
 officers shall before entering upon the duties of their re- 
 spective offices, take the oath of office prescribed by law 
 for all officers in this State, and shall give bond in such 
 a sum as may be fixed by said board of education, and 
 conditioned as all other official bonds ; said bond shall 
 be approved by the president of said board of education, 
 and filed with the official bonds of the city, and acertitied 
 copy of the bond of the officers selected to receive the 
 funds of said district, shall be filed in the office of the 
 Superintendent of Education ; and said board shall elect 
 all teachers and pupils among the several schools ; dic- 
 tate the course of instruction ; the number and charac- 
 ter of text books ; the organization of classes, and the 
 ]iiethod of teaching and shall prescribe rules and regula- 
 tions for the government of the schools aforesaid. Such 
 board shall have and exercise such other and additional 
 powers as may be necessary to give it complete control 
 of the public schools of said school district. Any of such 
 officers or teachers may be removed for cause, to be de- 
 termined by said board. 
 
 § 7. The children and wards of all actual residents 
 within the limits of the school district of the city of 
 Troy, from seven to twenty-one years of age, shall be 
 entitled to seats as pupils in the public schools of said 
 city ; rrovided, said children shall themselves be bona 
 fide residents of said city, and the non-resident children 
 may be admitted into such schools, on such terms and 
 conditions as the board of education may prescribe ; And 
 provided, that separate schools shall be provided for 
 colored children, and the funds derived from taxes col. 
 lected of the colored population in said school district, 
 either as poll taxes or taxes upon real and personal 
 property, shall be devoted and applied exclusively to the 
 
116 
 
 support and maintenance of schools for colored children. 
 
 § 8. Said board of education may issue diplomas to 
 all persons who satisfactorily complete the course of 
 study prescribed for the public schools of said school 
 district. 
 
 § 9. The board of education shall have power to 
 charge in the several grades in said schools such inci- 
 dental or other fees, as they deem necessary for the pro- 
 per conduct of said schools. 
 
 § 10. All funds devoted to public school purposes, 
 in the school district in the city of Troy, whether deriv- 
 ed from State, county or city, shall be paid into the 
 treasury of said city, where they shall be kept separate 
 and distinct from all other funds belonging to said city, 
 and shall be disbursed in such manner as the board of 
 education may direct. 
 
 § 11. Be it further enacted, That the board of educa- 
 tion shall have authority to create a board for the ex- 
 amination of applicants for positions as teachers in the 
 public schools of the school district of the city of Troy, 
 and no person shall be elected as a teacher in said schools 
 who shall not have received a^license from such board. 
 
 § 12. Be it further enacted ,'^h.2t,\, the board of educa- 
 tion may, in its discretion, institute annual competitive 
 examinations before such persons as the board may 
 select, for all applicants for licenses to teach in the pub- 
 lic schools in said school district; including licensed 
 teachers in said schools, who^are applicants^^for re-elec- 
 tion as teachers. 
 
DECATUR DISTRICT. 
 
 § 1. The public schools of Decatur shall be under 
 the charge of a board of education, to consist of six 
 members who shall be appointed by the State Superin- 
 tendent of Education in the following manner : The 
 successors of L. M. Falk and B. F. Cross, shall be ap- 
 pointed to serve until January 1st, 1892 : the successors 
 of mayor C. C. Austin and L. H. Grubbs, until January 
 1st, 1893 ; the successors of C. C. Harris, and a new- 
 member of the board to be appointed as soon as possible, 
 to serve until January 1st, 1894. At the expiration of 
 terms, successors shall be appointed for three years. 
 All vacancies shall be hlled by the State Superintendent 
 of Education as soon as notified by the board of the 
 vacancy, the member so appointed to serve for remainder 
 of the term. 
 
 § 2. Said board shall have power to build upon the 
 property of the town, suitable houses for the use and ac- 
 commodation of the public schools of said town, or the 
 said board may rent such houses. 
 
 § 3. The board of education shall open a sufficient 
 number of schools to meet the wants of the population 
 of Decatur ; and said board shall elect a superintendent 
 of said schools, the principal or principals thereof and 
 all the teacliers ; fix their compensation and prescribe 
 their duties ; control the distribution of teachers and 
 pupils among the several schools ; dictate the course of 
 instruction, and prescribe the rules and regulations for 
 the government of said schools ; also provide the text- 
 books for the same. 
 
 § 4. Said board of education shall issue diplomas to 
 all persons who satisfactorily complete the course of 
 
 k 
 
118 
 
 study prescribed for the public high schools of said 
 town . 
 
 § 5. The children and wards of all actual residents 
 within the corporate limits of Decatur, from seven to 
 twenty-one years of age, shall be entitled to seats as pu- 
 pils in the public schools of said town ; Provided, said 
 children shall themselves be bona fide residents of said 
 town, and non-resident children may be admitted into 
 such school, on such terms and conditions as the board 
 of education may prescribe ; but separate schools may 
 be provided for the children of citizens of. African 
 descent. 
 
 § 6. It shall be the duty of the board of education, 
 before the first day irx August of each year, to prepare 
 and file with the mayor of Decatur, an estimate of the 
 money that will be required for the maintenance of the 
 public schools of the town for the succeeding scholastic 
 year, and for the erection and repair of necessary school 
 buildings ; and the board of mayor and councilraen of 
 said town shall make the necessary provision to supply 
 funds required in said estimate. 
 
 § 7. The board of education shall have power to 
 charge, in the several grades of said schools, such inci- 
 dental or other fees as they may deem necessary for the 
 proper conduct of said schools. 
 
 § 8. The plan of instruction, and all rules and regu- 
 lations adopted by said board, shall be adhered to, un- 
 less altered by a two-thirds vote of the members thereof. 
 
 § 9. The board of education shall have authority to 
 elect from its own members, a president, secretary and 
 treasurer, to serve for a term of one, two or three years, 
 as the board may prefer ; the first election to be held 
 January 1st, 1890, or as soon thereafter as practicable. 
 
 § 10. The board of education shall have authority to 
 create a board for the examination of applicants for 
 positions as teachers in the public schools in the town- 
 
119 
 
 of Decatur, and no person shall bo elected as teacher in 
 said schools who shall not have received a license from 
 such board . 
 
 § 11. All funds devoted to public school purposes in 
 Decatur, whether derived from the State, county or 
 town, shall be paid into the treasury of said town, and 
 shall be disbursed in such manner as the board of edu- 
 cation may direct. Not more than four per cent, of all 
 money raised, or wliich may be hereafter appropriated 
 for the support of public schools , shall be used or expend- 
 ed, otherwise than for the payment of teachers employed 
 in such schools. 
 
 § 12. The treasurer who shall be elected by the board 
 of education, sliall, before entering upon the duties of 
 his office, take the oath of office and shall nive bond in 
 a sum fixed by the board, not less than double the 
 amouunt of money that may be in his hands at any one 
 time, and conditioned as required by law ; such bond 
 shall be approved by the State Superintendent of Educa- 
 tion, and filed in his office. 
 
 § 13. The treasurer of the bo Ard shall draw and dis- 
 tribute public school funds in the same manner that the 
 county superintendents of education draw and distribute 
 school funds, and the amounts thus drawn shall be used 
 exclusively for the public schools in the town. 
 
 § 14. That the treasurer may be removed for cause, 
 either by the said board or by the State Superintendent 
 of Education. 
 
OPELIKA. 
 
 § 1. The corporate limits of the district of Opelika 
 shall constitute a school district separate and apart from 
 the remaining school district or township of the county 
 of Lee. 
 
 § 2. The public schools of the district of Opelika 
 shall be under the control and management of a board 
 of education, to consist of seven persons, to be appointed 
 by the State Superintendent of Education and continue 
 in office two years , or until their successors shall be ap- 
 pointed and qualified ; said terms of office beginning on 
 the first Tuesday in March, 1887, and every two years 
 thereafter. 
 
 § 3. Each member of said board of education shall, 
 upon his induction into office, subscribe an oath or 
 affirmation faithfully to discharge all the duties imposed 
 on him as a member of said board'. 
 
 § 4. For good cause, any member of said board may 
 be removed by the State Superintendent of Education, 
 and all vacancies in said board arising from removal, 
 death, resignation or otherwise, shall be filled by the 
 State Superintendent of Education for the unexpired 
 term. 
 
 § 5. Said board of education shall elect one of their 
 number to be president, and one to be secretary and 
 treasurer, who shall hold their offices during the pleas- 
 ure of the board ; a majority of the board shall constitute 
 a quorum to transact business. 
 
 § 6. The president shall be chief executive ofiicer of 
 the board, who shall preside at its meetings ; he shall be 
 ex-officio district superintendent of education, and shall, 
 
121 
 
 within the district of Opelika, perform all the duties re- 
 quired oi" couuly superintendents, except as hereinafter 
 provided. In case of his absence or inability to act, 
 the board may name a temporary vice-president, who 
 shall during such absence or inability to act, have the 
 powers of the president. 
 
 § 7 . The secretary and treasurer of the board shall 
 keep a true and faithful record of the proceedings ; shall 
 preserve the books of said boards and file of its papers 
 and documents, all of which shall be open to public in- 
 spection ; and he shall also perform such other duties as 
 may be required of iiim by said board ; he shall receive 
 compensation as the board of education may allow. 
 
 § 8. All funds devoted to public school purposes in 
 the district of Opelika, whether derived from State, 
 county or district, shall be paid directly to the secretary 
 and treasurer of said board of education, in the same 
 manner as State and county funds are paid to county 
 superintendents of education, and shall be dispensed in 
 such manner as the board of education may direct, and 
 only upon the warrant of the board, signed by the presi- 
 dent thereof. For the faithful performance of all his 
 duties, said secretary and treasurer shall give bond, 
 with good and sufficient security, in such sum as the 
 board of education may fix, not less than double the 
 amount likely to be-in his hands at any one time ; said 
 bond to be approved by the judge of probate of Lee 
 county, and filed in his office ; a certified copy of which, 
 to be sent to the State Superintendent of Education. 
 
 § 9. The secretary and treasurer shall make monthly 
 reports to the board of education, showing ^the amount 
 of money received and paid out during the month, the 
 vouchers for the same, the amount of cash on hand, the 
 liabilities of said board, and such other information as 
 may be required by the board. 
 
 § 10. The said board of education shall have power 
 
122 
 
 to establish such public schools for the white race, and 
 such public schools for the colored race as the means 
 and wants of the population of said school district may 
 justify ; may elect a superintendent of said schools, the 
 principal thereof, and all teachers, and remove the same 
 for good cause; fix their compensation, and prescribe 
 their duties ; control the distribution of teachers and 
 pupils among the several schools ; dictate the course of 
 instruction, the number and character text books, the 
 organization of classes or grades, the method of teach- 
 ing ; and shall prescribe rules and regulations for the 
 government of the schools. Said board shall have and 
 exercise such other and additional powers as may be 
 necessary to give it complete control of the public schools 
 of said school district ; and shall perform all the duties 
 imposed on township trustees in the State. 
 
 § 11. The plan of instruction, kind of text books and 
 the rules and regulations adopted by said board for the 
 government of said public schools, shall be adhered to 
 unless altered by a vote of two-thirds of said board. 
 1^^ § 12. Said board of education may issue diplomas to 
 all persons who satisfactorily complete . the course of 
 study prescribed for the public high schools of said 
 district . 
 
 § 13. All bona fide residents within the corporate 
 limits of the district of Opelika, from seven to twenty- 
 one years of age, shall be entitled to seats as pupils in 
 the public schools of said district ; Provided, non-resi- 
 dents may be admitted into such schools on such terms 
 and conditions as the board of education may prescribe. 
 
 § 14. The board of education shall have authority 
 to create a board for the examination of applicants for 
 positions as teachers in the public schools of the district 
 of Opelika, and no person shall be elecied as a teacher 
 in such schools who shall not have received a license 
 from such board ; Provided, said board is authorized to 
 
123 
 
 carry out any contract with teachers existing at the time 
 of the approval of this act, if they see proper. 
 
 § 15. The board of education may, in its discretion, 
 institute, before such persons as the board may select, 
 annual competitive examinations of applicants for posi- 
 tions as teachers in the public schools of said district, 
 including licensed teachers in said schools, who are ap- 
 plicants for re-election as teachers. 
 
 § 16. Said board of education shall control, manage, 
 and disburse all revenues v^hich may be raised by special 
 tax or otherwise for the maintenance of the public 
 schools in the district of Opelika, under such rules and 
 regulations as the board may prescribe ; Provided^ that 
 where donations or contributions are made to the public 
 schools of the district of Opelika, or to any one of them, 
 the board shall apply the donations or contributions in 
 the manner indicated by the party or parties contribu- 
 ting. 
 
 § 17. Said board of education shall have power to 
 buy lands for the purpose of erecting school buildings 
 thereon, or to provide suitable school buildings by rent 
 or purchase, and all necessary furniture, equipments 
 and apparatus ; the title to said property to be vested in 
 said board of education and their successors in office. 
 
 § 18. Said board of education shall have power to 
 charge in the several grades of the public schools of the 
 district of Opelika such incidental or other fees as may 
 be deemed necessary for the proper conduct of said 
 schools. 
 
 § 19. The district of Opelika, as a separate school 
 district, shall receive its proportionate share of the 
 school fund apportioned to Loe county, including a pro 
 rata share of the sixteenth section fund of each town- 
 ship that lies partly within the corporate limits of said 
 district of Opelika, and all the poll tax collected in cor- 
 porate limits of said district, and all other funds set 
 
124 
 
 apart by the State for school purposes ; Provided^ that 
 not more thau four per cent, of said fund derived from 
 the State shall be used otherwise, than for the payment 
 of teachers in the public schools of the district of 
 Opelika. 
 
 Approved February 22, 1887. 
 
CITY OF TUSCUMBIA. 
 
 § 1. The corporate limits of the City of Tuscumbia, 
 in Colbert county, Alabama, shall constitute a school 
 district separate and apart from the other school districts 
 in the county of Colbert, and the inhabitants of said 
 city of Tuscumbia are hereby incorporated by the name 
 of **The School District of the City of Tuscumbia." 
 
 § '2. The city of Tuscumbia as such separate school 
 district shall receive the proportionate share of the pub- 
 lic school fund coming to the county of Colbert, includ- 
 ing a pro rata share of the sixteenth section fund of 
 that township that lies partly within the school district 
 of said city, and shall receive all the taxes collected as 
 poll taxes within such school district, commencing with 
 the scholastic year beginning October 1st, 1888, for the 
 use and maintenance of the public schools therein ; said 
 fund and taxes to be drawn by such officer as may be 
 appointed for that purpose by the board of education of 
 the school district of the city of Tuscumbia in the same 
 manner as county superintendents of education draw 
 the funds of their respective counties, said officer to give 
 such bond as may be required by the board, payable 
 and conditioned as bonds of county superintendents. And 
 the amount thus drawn shall be paid to the treasurer of 
 said board of education. 
 
 § 3. All funds devoted to public school purposes in 
 the school district of the city of Tuscumbia, whether de- 
 rived from State, county or city, shall be paid to the 
 treasurer of the said board of education and shall be dis- 
 bursed in such manner as the board of education shall 
 direct ; and not more than five per cent, of all moneya 
 
126 
 
 raised or which may be hereafter appropriated for the 
 support of public schools in said city, shall be used or 
 expended otherwise than for the payment of teachers 
 employed in such school. 
 
 §4. The public schools of the school district of the 
 city of Tuscumbia shall be under the charge of a board 
 of education, to consist of the mayor of the city of Tus- 
 cumbia, who shall be ex-officio president of said board, 
 and six other persons, residents of said city of Tuscum- 
 bia, to be elected by the board of mayor and aldermen 
 of the city of Tuscumbia at their regular meeting in the 
 month of March, 1889, or as soon thereafter as practica- 
 ble ; the first two elected shall hold their office for a term 
 of two years, and the second two elected shall hold their 
 office for the term of four years, the last two elected 
 shall hold their office for the term of six years, and at 
 each regular meeting in January biennially or as soon 
 thereafter as practicable, they shall elect two suitable 
 persons to succeed those whose offices have expired, so 
 that two such persons shall be elected biennially. Va- 
 cancies in said board shall be filled by election of board 
 of mayor and aldermen of the city of Tuscumbia, at the 
 first regular meeting of said board after the occurence 
 thereof ; or soon thereafter as practicable, the members 
 so elected to serve for the remainder of the unexpired 
 term. The president of said board shall make reports 
 and furnish statistics and information to the superinten- 
 dent of education of the State as may be required by law 
 of county superintendents of education. 
 
 § 5. Each member of the board of education except 
 the president shall, on his induction into office, take the . 
 following oath : I do solemnly swear that I will use my 
 best endeavors to carry out faithfully all the laws now in 
 force and those hereafter enacted to provide a school 
 fund and to regulate the public schools of the city of 
 
127 
 
 Tuscumbia, so help me God. Said oath may be admin- 
 istered by the mayor of said city. 
 
 § 6. Said board of edncation shall have power, with 
 the approval of the board of mayor and aldermen of said 
 city, to build upon the property of the city suitable 
 houses for use and accommodation of the public schools 
 of said district, or said board may rent such houses. 
 Said board shall keep said houses in proper repair and 
 shall furnish the same with appropriate furniture and 
 apparatus ; Provided, that no contract shall be entered 
 into and no disbursements of any moneys or funds un- 
 der the provisions of this act shall be made except by 
 the consent and under the direction and control of the 
 board of mayor and aldermen. 
 
 § 7. The said board of education may open a suffi- 
 cient number of schools to meet the wants of the popu- 
 lation of the city of Tuscumbia, and said board shall 
 elect such officers as are in their opinion necessary, to 
 the good government of said schools, and when required 
 such officers shall, before entering upon the duties of 
 their respective offices, take the oath of office prescribed 
 by law for all officers in this State, and shall give bond 
 in such sum as may be fixed by said board of education 
 and conditioned as all other ofhcial bonds. Snch bonds 
 shall be approved by the president of said board of edu- 
 cation, and filed with the other official bonds of the city, 
 and a certified copy of bond of the officer selected to re- 
 ceive the funds of said district shall be filed in the office 
 of the State Superintendent of Education ; and shall 
 elect a superintendent and all teachers, fix their compen- 
 sation and prescribe their duties, control distribution of 
 teachers and pupils among the several schools, dictate 
 the course of instruction, the number and character of 
 textbooks, the organization of classes, and shall pre- 
 scribe rules and regulations for the government of the 
 schools aforesaid. Such board shall have and exercise 
 
]28 
 
 such other additional powers as may be necessary to 
 give it complete control of the public schools of the dis- 
 trict. Any of such officers or teachers may be removed 
 for cause to be determined by said board. 
 
 § 8, Said board of education may issue diplomas to 
 all persons who satisfactorily complete the course of 
 study prescribed for the public schools of said school dis- 
 trict. 
 
 § 9. The children and wards of actual residents with- 
 in the limits of the school district of the city of Tuscum- 
 bia, from seven to twenty-one years of age, shall be enti- 
 tled to seats as pupils in the public schools of said city ; 
 provided, such children shall be bonu fide residents of said 
 city, and non-resident children maybe admitted into such 
 schools on such terms and conditions as the board of ed- 
 ucation may prescribe ; but separate schools shall be pro- 
 vided for the colored children. 
 
 § 10. The board of education shall have power to 
 charge in the several grades in said schools such indi- 
 vidual or other fees as they may deem necessary for the 
 proper conduct of said schools. 
 
 § 11. The said board of education shall have authori- 
 ty to create a board for the examination of applicants 
 for positions as teachers in the several grades of the pub- 
 lic schools of said district of the city of Tuscumbia, and 
 no person shall be elected as a teacher in said schools 
 who shall not have received a license from such board. 
 
 § 12 . The said board of education shall have authori- 
 ty to elect from its own members a secretary, treasurer 
 and such other officers as may be required to serve for 
 one year or until their successors are duly elected and 
 qualified. 
 
 § 13. It shall be the duty of the board of education, 
 before the first day of August of each year, to prepare 
 and file with the mayor of Tuscumbia an estimate of the 
 money that will be required for the maintenance of the 
 
129 
 
 public schools of said district for the succeeding scholas- 
 tic year, and for the erection and repair of necessary 
 school buildings in order that the board of mayor and 
 aldermen of said city of Tuscumbia may make the nec- 
 cessary provisions to supply the funds required in said 
 estimate . 
 
 § 14. Said board of education shall have power to 
 enact by-laws, rules and regulations necessary for its 
 government. 
 
 Approved February 26, 1889. 
 
 [By act approved February 16, 1891, the board of ed- 
 ucation of the separate school district of Tuscumbia and 
 their successors are declared successors in office of the 
 trustees of the Tuscumbia Male Academy.] 
 9 
 
CITY OF GADSDEN. 
 
 § 1. The corporate limits of the city of Gadsden, Ala- 
 bama, as they now are or may hereafter exist, shall con- 
 stitute a public school district separate and apart from 
 the remaining school district of Etowah county, and 
 shall be known as the Gadsden Public School District. 
 
 § 2 . The city council of Gadsden, and their successors 
 in office shall constitute a board of trustees for said 
 school district, who shall, as soon as practicable, proceed 
 to establish and control said public school district under 
 the regulations hereinafter set forth. 
 
 § 3. The said city council shall have the power to buy 
 and lease lands for the purpose of building school build- 
 ings, or lands with school buildings thereon, to be used 
 for school purposes, taking the deeds to themselves, and 
 their successors, and also to purchase, erect and furnish 
 school buildings. 
 
 § 4. Said city council are authorized to establish and 
 locate the number of public schools to be taught each 
 year within said school district, and elect trustees for the 
 same, whether for males or females, white or colored, 
 and perform all other duties necessary to the proper reg- 
 ulation and maintenance of such schools. 
 
 § 5 . The Gadsden public school district shall receive 
 its proportionate share of the public school revenue, in- 
 cluding its pro rata share of the sixteenth section fund, 
 and shall also receive all the tax collected as poll taxes 
 within the limits of said school district for the use and 
 maintenance of the public schools therein, in the same 
 manner as the county superintendents receive school 
 funds. All moneys collected or received by the city of 
 Gadsden for school purposes pursuant to this act, shall 
 
131 
 
 be paid over to the treasurer of said city and be kept by 
 him separate and apart from all other funds of the city, 
 and shall be paid out only on warrant in favor of the city 
 superintendent of schools drawn by the clerk of said city 
 on a resolution or ordinance of said city council. And 
 the said city council shall require a separate bond from 
 the city treasurer for the safe keeping of said funds in 
 such sum and with such condition and security as they 
 may prescribe, and payable to said city council and their 
 successors, which bond shall be filed with the city clerk, 
 and shall be renewed from time to time as said city coun- 
 cil may direct. 
 
 § 6. A tax of one-fifth of one per cent, in addition to 
 the per cent, of tax levied by the State for State pur- 
 poses, shall be levied by the tax assessor of Etowah 
 county on all property taxed by the State within the lim- 
 its of said Gadsden school district for public school pur- 
 poses, and shall file such assessment with the treasurer 
 of said city of Gadsden at the same time and manner he 
 files his assessments for the State and county taxes with 
 the probate judge of Etowah county. And the tax col- 
 lector of Etowah county shall collect said taxes in the 
 same manner as he collects the taxes for the State and 
 county, and the same remedies shall be used and em- 
 ployed by him for collecting such taxes for the State and 
 county. The same power and jurisdiction as to this 
 matter being granted and conferred on the probate judge 
 and probate court of Etowah county to issue execution 
 and condemn property, as they have in collecting and en- 
 forcing liens for State taxes. And said tax assessor and 
 collector shall be allowed the same rate of commission 
 for assessing and collecting such taxes as are allowed for 
 assessing and collecting State taxes. And said tax col- 
 lector shall pay over said taxes as he collects them to the 
 city treasurer of Gadsden, taking his receipt therefor^ 
 and the tax assessor and the tax collector shall be re- 
 
 I' 
 
132 
 
 quired to make settlements for such taxes with the city 
 authorities of Gadsden, as they are required to make 
 with the commissioners court of Etowah county for State 
 and county taxes . And the same liability and remedies 
 shall attach to their bonds for any default and dereliction 
 of duty in this behalf as are given the State and county 
 on their bonds for like default and dereliction. 
 
 § 7. Said city council shall have powe? to elect a su- 
 perintendent of the public schools of said district, wha 
 shall hold his office for two years. Such superintendent, 
 before entering upon the duties of his office, shall take 
 the oath of office prescribed by law, for such officers in 
 this State, and shall give bond with security in suofo sum 
 as may be fixed by said council and their successors, and 
 conditioned as all other official bonds. Said bond shall 
 be approved by said city council and filed in the office of 
 the clerk of said city , and a certified copy thereof shall 
 be filed with the State Superintendent of Education. All 
 funds drawn by the city clerk by direction of said city 
 council as heretofore provided , shall be received from the 
 city treasurer by such superintendent on such warrants, 
 and disbursed and accoilnted for by him in like manner, 
 as is required by county superintendents. 
 
 § 8. Said superintendent of public schools of the Gads- 
 den School District, may be removed at any time, either 
 by said city council or by the State Superintendent of 
 Education, and, when removed shall be ineligible to re- 
 election during the time for which he was elected. All 
 vacancies for the office of the superintendent shall be 
 filled by election by said city council, at any regular or 
 special meeting called for that purpose, and the person 
 80 elected shall hold for the unexpired term, and shall 
 qualify as above required. The said superintendent shall 
 be commissioned by the State Superintendent of Educa- 
 and he shall receive such compensation, to be paid out 
 of the fund provided for in this act, as said city council 
 
133 
 
 may fix. Said superintendent shall make full and com- 
 plete reports to the said city council, and to the State 
 Superintendent of Education, and perform such other 
 duties as are required by law of county superintendents 
 of education, not inconsistent with this act, and also such 
 other duties as said city council may require, not incon- 
 sistent with this act, and the general laws of the State. 
 
 § 9. AH moneys collected under this act from the 
 white race, shall go to the support of white schools, and 
 all moneys collected from the colored race shall be ap- 
 plied to the support of the colored schools, that shall be 
 established in said school district, and to carry out the 
 provisions of this section, it shall be the duty of the tax 
 assessor in making assessments under the provisions of 
 this act, to note on the assessment book the race to 
 which all property assessed belongs , and the duty of the 
 tax collector to report how much of said tax has been 
 collected from each race. 
 
CITY OF FLORENCE, 
 
 Sec. 1. A separate school district is hereby estab- 
 lished in the city of Florence, the boundaries of which 
 shall be the corporate limits of the city of Florence. 
 
 Sec. 2. The mayor and aldermen of the city of Flor- 
 ence are hereby authorized and empowered to elect trus- 
 tees and prescribe their duties and powers ; to author- 
 ize them to receive, hold, transmit and convey the title 
 to real and personal property, and to do and perform 
 such other duties as may be deemed advisable, for the 
 purpose of establishing and maintaining, in said limits, 
 a school or schools, or a system of graded schools. 
 
 Sec. 3. The said mayor and aldermen of the city of 
 Florence are hereby authorized and empowered to adopt 
 and enforce such ordinance or ordinances as may be 
 deemed advisable for the full establishment and main- 
 tenance of said school or schools, or a svstem of schools, 
 also to erect, equip and maintain such buildings and 
 premises as may be advisable for the same ; Provided, 
 that nothing in this act shall be construed to limit or 
 abridge the powers already conferred by law upon the 
 said corporate authorities of said city. 
 
 Sec. 4. Said school district shall be entitled to re- 
 ceive its proportionate share of all funds raised or appro- 
 priated by the State, for public schools ; also its propor- 
 tionate share of the sixteenth section fund accruing to 
 the township of which said school district is a part, and 
 it snail receive all poll tax which may be collected from 
 residents of said school district, and all funds which 
 may be donated thereto. 
 
 Sec. 5. Until the said corporate authorities of said 
 
135 
 
 city shall provide some other bonded officer for that pur- 
 pose, the treasurer of said city shall receive and disburse 
 all funds of said district, shall keep said funds and the 
 accounts thereof separate from the general funds of said 
 city and for any default therein he and his sureties shall 
 be liable, as for the general funds of said city. 
 
 Sec, 6. Be it further enacted. That the State Su- 
 perintendent of ?3ducation, or other proper officer of the 
 State, shall give the necessary orders and instructions 
 and issue the necessary warrants and certificates to se- 
 cure the payment to the treasurer of the city of Flor- 
 ence, or to such other officer as the said corporate author- 
 ities shall designate, all funds to which said district may 
 be entitled. 
 
 Sec. 7. Be it further enacted, That the mayor and 
 aldermen of the city are hereby authorized and empow- 
 ered to levy and collect a tax upon the property within 
 its limits, for the maintenance of said schools, to such 
 amount as said corporate authorities may deem advisa- 
 ble within constitutional limits. 
 
 Approved February 18, 1891. . 
 
CITY OF ANNISTON. 
 
 Sec. 1. The territory within the corporate limits of 
 the City of Anniston shall be a school district separate 
 and apart from the remaining districts in the county of 
 Calhoun. 
 
 Sec. 2. Be it further enacted, That the public schools 
 of the City of Anniston shall be under the control and 
 management of a board of education, to consist of nine 
 suitable persons to be elected by the mayor and council 
 of Anniston from the qualified electors of the city at its 
 first regular meeting in March, 1891 ; such board to be 
 divided into three classes, three in each class. The 
 first class shall hold ofl&ce for a term of two years, the 
 second for four years and the third for six years, and 
 biennially thereafter the city council shall elect the suc- 
 cessors of the three members of the board whose term 
 of oflB.ce expires, and they shall hold for a term of six 
 years. Vacancies in said board caused by death, resig- 
 nation or removal shall be filled for the unexpired term 
 by the city council. The board shall elect a chairman 
 from its members who shall hold office for a term of 
 two years. He shall have the right to vote upon all 
 questions before said board, and shall have a casting 
 vote where there shall be a tie. 
 
 Sac. 3. Be it further enacted, That each member of 
 said board shall, upon his induction into office take and 
 subscribe an oath or affirmation faithfully to discharge 
 the duties imposed upon him as a member of such board. 
 A majority shall constitute a quorum for the transaction 
 of business. The members shall receive no compensa- 
 tion. 
 
137 
 
 Sec. 4. Be it further enacted, That said board may pro- 
 vide all rules, by-laws, or regulations necessary for th« 
 conduct of business that may come before it, and may 
 elect a secretary, who shall hold office at its pleasure, who 
 shall receive such compensation as such board may pre- 
 scribe . 
 
 Sec. 5. Be it further enacted , That it shall be the duty 
 of such board, annually, before the first day of May, to 
 submit a statement to the mayor and city council afore- 
 said, showing the amount of money required for the sup- 
 port and maintenance of the public schools of the city 
 for the next ensuing scholastic year, and for the erection, 
 rental or repair of the necessary school buildings, to- 
 gether with a statement of the probable amount of money 
 that will be received from the school fund, or from any 
 other source. When such statement shall have been 
 made, the mayor and city council shall make an appro- 
 priation to supply whatever additional amount may be 
 necessary, but it shall not be required to appropriate 
 more than twenty per cent, of the gross revenues of the 
 city for such schools ; but it may in its discretion appro- 
 priate larger sums , or make special appropriations for 
 the erection, repair or rental of school houses; and all 
 moneys, whether received from the city or from the State, 
 county or other source, shall be placed by the city treas- 
 urer to the credit of such board of education, separate 
 and apart from other funds in his hands, and shall be 
 disbursed as prescribed by said board. 
 
 Sec. 6. Be it fuather enacted, That such board shall 
 elect a superintendent of the public schools of such sep- 
 arate school district, who shall hold office for a term of 
 two years, unless sooner removed, and he shall perform 
 the duties and receive such salary as the board may 
 prescribe. It shall also elect all teachers, fix their duties 
 and compensation ; prescribe the qualifications neces- 
 sary to become a teacher in said schools, and from such 
 
138 
 
 applicants it shall select such as may be considered best 
 qualified to fill the the position of teachers. The board 
 may provide all rules and regulations necessarj^ for the 
 conduct of svich schools, and it may require the use of 
 such text books as it may think proper. 
 
 Sec. 7. Be it further enacted, That said board of edu- 
 cation shall have power to lease, purchase, build, or 
 keep in repair school houses; and all property, real or 
 personal, now used by the mayor and city council of 
 Anniston, for school purposes, shall vest in and be under 
 the control of said board, and shall be used for the same 
 purposes upon its organization. 
 
 Sec. 8. Said board of education shall receive its pro- 
 portionate share of'the public school revenue, including 
 a pro rata share of the sixteenth section fund of- each 
 township which lies wholly or in part within said school 
 district, and shall receive all the taxes collected as poll 
 taxes within said district for the use and maintenance of 
 the public schools therein, and for the purpose herein 
 authorized, which said moneys shall be paid over to the 
 treasurer of the city of Anniston, and shall be by him 
 kept and disbursed as provided by section five of this 
 act. 
 
 Sec. 9. The superintendent of said schools shall at- 
 tend to the taking of the school census (with such assist-. 
 ance as may be allowed him by said school board) when- 
 ever such census is required to be taken, and he shall 
 make a full report of same to said board and to the State 
 Superintendent of Education. 
 
 Sec. 10. Said board of education shall have power to 
 charge in the high schools (if such be established) such 
 incidental or other fees, as may be necessary for the 
 proper conduct of such high schools, but no fee shall be 
 charged in any school of lower grade than the high 
 school. 
 
 Approved January 28, 1891. 
 
' "orNrvERsiTy " 
 
 ; 
 
 CANEBRAKE AGRICULTURAL EXPERIMENT 
 STATION. 
 
 1. There is hereby established at or near Uniontown, 
 in Perry county, Alabama, a branch agricultural experi- 
 ment station, to be known as the Canebrake Agricul- 
 tural Experiment Station, for the purpose of conducting 
 and making experiments in scientific agriculture. 
 
 2. The board of control of said station shall be com- 
 posed of the commissioner of agriculture and the direc- 
 tor of the experiment station at the A. & M. College and 
 five progressive farmers who are actually engaged in cul- 
 tivating canebrako lands, three of whom must reside 
 within ten miles of the station, and who shall be ap- 
 pointed by the governor and hold their office for three 
 years. No member of the board of control shall receive 
 any compensation, but shall be entitled to pay for their 
 actual traveling expenses when visiting said station and 
 while at said station on the business thereof. 
 
 3. Said branch experiment station shall conduct such 
 experiments as will best advance the interests of scien- 
 tific agriculture, particularly on canebrake lands. All 
 chemical analyses required by said branch station, shall 
 be made for the department of agriculture by the A. & 
 M. College without charge therefore. 
 
 4. Said board of control shall have the power to pay 
 the director a reasonable salary for his supervision of 
 said station, not to exceed the sum of two hundrod and 
 fifty dollars. 
 
 5. For the purpose of enabling said station to employ 
 a competent assistant director, there is appropriated an- 
 nually the sura of twenty-five hundred dollars to defray 
 
140 
 
 the expenses of said station, and the annual appropria- 
 tion shall be paid quarterly to the treasurer of said sta- 
 tion. 
 
 Acts Feb. 17, 1885, and Feb. 16, 1887. 
 
 ABBEVILLE AND ATHENS AGRICULTURAL EX- 
 PERIMENT STATIONS. 
 
 1. A branch agricultural experiment station and ag- 
 ricultural school, to be known as the North Alabama 
 Agricultural Experiment Station and Agricultural 
 School , and a branch agricultural station and agricul- 
 tural school, to be known as the Southeast Alabama Ag- 
 ricultural Experiment Station and School, are hereby- 
 established. 
 
 2. The commissioner of agriculture and the director 
 of the experiment station at Auburn, Alabama, shall lo- 
 cate said stations and schools, one at some place in North 
 Alabama, and the other at or near Abbeville, in Henry 
 county, in Southeast Alabama. 
 
 2i. The board of control of said stations and schools 
 shall be composed of the commissioner of agriculture 
 and the directors of the agricultural experiment sta- 
 tion at Auburn, Alabama, and five progressive farmers, 
 who are actually engaged in cultivating Tennessee Val- 
 
141 
 
 ley lands, and five progressive farmers who are actually 
 engaged in cultivating red pine lands, or lands of similar 
 character, in Southeast Alabama, the same to be* ap- 
 pointed by the governor; three of whom must reside 
 within ten miles of each of said stations. The members 
 of said board must receive no compensation other than 
 expenses actually incurred in visiting the stations and. 
 while thore snp'^rvisin?' their pIFi re 
 
 3 . The said board of control shall have power to pay 
 the director a reasonable salary for his supervision of 
 said stations, not to exceed the sum of two hundred and 
 fifty dollars, and the said board of control shall also have 
 power to elect the principals and teachers of said schools 
 and manage said schools and stations as in their judg- 
 ment they think best. 
 
 4. For the equipment and improvement of said sta- 
 tions and schools there is hereby appropriated, out of the 
 funds of the agricuUrtral department in the treasury, not 
 otherwise appropriated, the sum of six thousand dollars, 
 to be equally divided between said stations for the first 
 year, and for every year thereafter, the sum of six thou- 
 sand dollars, to be equally divided between said stations, 
 seven hundred and fifty dollars of which sum shall be 
 paid quarterly, to-wit : 1st of January, 1st of April, 1st 
 of July, and 1st of October, to each treasurer of said 
 board of control at said station. 
 
 4i. The board of directors have authority to purchase 
 suitable lands, not to exceed in quantity eighty acres, 
 for each of said stations, taking the title to the State; 
 and to construct thereon the necessary buildings, and 
 other improvements not exceeding more than two thou- 
 sand dollars of the appropriation herein made for each 
 station, in making such purchases, and in the construc- 
 tion of such buildings and improvements for each of said 
 stations and scliuolb during any one year. The board 
 also have authority to appoint and discharge at pleasure 
 
142 
 
 such officers, agents or servants as are deemed necessary 
 to the operation of the station, fixing their compensation, 
 and ihay appoint a director to conduct the operations of 
 the stations, under the superintendence and direction, 
 and subject to the rules and regulations of the board. 
 
 5. The board must cause such experiments to be made 
 at the stjations as will advance the interests of scientific 
 agriculture, particularly on Tennessee Valley lands and 
 on red pine lands and lands of a similar character in 
 Southeast Alabama, and to cause such chemical analyses 
 to be made as are deemed necessary ; all such analyses, 
 if requested, to be made under the supervision of the 
 commissioner of agriculture by the chemist of the agri- 
 cultural department without charge. 
 
 6. Said board of control may adopt such rules and 
 regulations as they may deem necessary for the proper 
 carrying out of the provisions of this act. 
 
 Feb. 28, 1889, and Feb. 13, 1893! g 
 
 EVERGREEN BRANCH AGRICULTURAL EXPERI- 
 MENT STATION AND AGRICULTURAL 
 SCHOOL IN SOUTHWEST ALABAMA. 
 
 1. A branch agricultural experiment station and ag- 
 ricultural school to be known as the Southwest Alabama 
 
143 
 
 Agricultural and Experiment Station and Agricultural 
 School is hereby established. 
 
 2. The commissioner of Agriculture shall locate said 
 station and school in Southwest Alabama, within the 
 territory embraced in the counties of Escambia, Baldwin, 
 -Conecuh, Monroe, Clarke, Washington and Choctaw. 
 
 3. The board of control of said station and school 
 shall be composed of the commissioner of agriculture and 
 the directors of the agricultural experiment station at 
 Auburn, Ala., and five progressive farmers who are actu- 
 ally engaged in cultivating the lands within the territory 
 specified in section two of this act, the same to be ap- 
 pointed by the Governer, three of whom must reside 
 within ten miles of said station. The members of said 
 board must not receive any compensation other than ex- 
 penses actually incurred in visiting the station and while 
 there supervising their aflfairs. 
 
 4. Tho board of control shall have authority to em- 
 ploy a director of said experimental station, a principal 
 of the faculty and such other teachers as the require- 
 ments of the school may demand, to grant certificates of 
 proficiency to such pupils as may complete the course of 
 studies adopted for said school, and to fix salaries of 
 principal, teachers and director ; provided, that the sal- 
 ary of said director shall not exceed two hundred and 
 fifty dollars per annum, and to have general supervision 
 and management of said school and station. 
 
 5. For the equipment and improvement of said sta- 
 tion and school, there is hereby appropriated out of the 
 funds of the agricultural department in the treasury not 
 otherwise appropriated the sum of two thousand five 
 hundred dollars for the first year, and an equal sum for 
 every year thereafter. Six hundred and twenty-five dol- 
 lars of which sum shall be paid quarterly, to-wit : First 
 of January, first of April, first of July and first of Octo- 
 
144 
 
 ber to the treasurer of said board of control at said sta- 
 tion. 
 
 6. That the board of directors has authority to pur- 
 chase suitable lands, not to exceed in quantity fifty 
 acres for said station, taking the title to the State, and 
 to construct thereon the necessary buildings and other 
 improvements, not expending more, than fifteen hundred 
 dollars of the appropriation herein made for said station, 
 in making such purchase and in the construction of such 
 buildings and improvements for said station and school. 
 The board also has authority to to appoint and discharge 
 at pleasure such officers, agents and servants, as are 
 deemed necessary to the operation of the station , fixing 
 their compensation, and may appoint a director to con- 
 duct the operations of the station , under the superinten- 
 dence and direction, and subject to the rules and regula- 
 tions of the board. 
 
 7. The board must cause such experiments to be 
 made at the station as will advance the interest of sci- 
 entific agriculture, particularly on the lands included in. 
 the territory named in the second section of this act, and 
 to cause such chemical analysis to be made as are 
 deemed necessary. All such analysis, if requested, ta 
 be made under the supervision of the commissioner of 
 agriculture by the chemist of the agricultural depart- 
 ment without charge. 
 
 8. Said board of control may adopt such rules and 
 regulations as they may deem necessary for the proper 
 carrying out the provisions of this act. 
 
 Approved February 21, 1893. 
 Amended February 18, 1895. 
 
ALBERTVILLE AGRICULTURAL SCHOOL AND 
 EXPERIMENT STATION AT ALBERT- 
 VILLE, ALABAMA. 
 
 1. A branch agricultural experiment station and ag- 
 ricultural school, to be known as the Northeast Alabama 
 Agricultural Experiment Station and Agricultural 
 School is hereby established. 
 
 2. The governor, superintendent of education and 
 commissioner of agriculture shall locate said station and 
 school at Albertville, Marshall county, Lebanon, DeKalb 
 county, or Spriugville, St. Clair county, Alabama. 
 
 3. The board of control of said station and school 
 shall be composed of the commissioner of agriculture, 
 and the director of the agricultural experiment station at 
 Auburn, Alabama, and five progressive farmers who are 
 actually engaged in cultivating lands in said district, 
 the same to be appointed by the governor, three of whom 
 must reside within ten miles of said station ; the mem- 
 bers of said board must not receive any compensation 
 other than expenses actually incurred in visiting the 
 station, and while there supervising the affairs. 
 
 4. The said board of control shall have power to pay 
 the director a reasonable salary not to exceed the sum of 
 two hundred and fifty dollars, and the said board of con- 
 trol shall also have power to elect the principal and 
 teachers of said school, and manage said school and sta- 
 tion, as in their judgment they think best. 
 
 5. For the equipment and improvement of said sta- 
 tion and school there is hereby appropriated out of the 
 funds of the agricultural department in the treasury not 
 
 10 
 
146 
 
 otherwise appropriated, the sum of twenty -five hundred 
 dollars annually, which sum shall be paid quarterly, to- 
 wit : first of January, first of April, first of July, and 
 first of October, to the treasurer of said board of control 
 at said station. 
 
 6. The board of directors has authority to purchase 
 suitable lands, not to exceed in quantity eighty acres 
 for said station, taking title to the State, and construct 
 thereon the necessary buildings and other improve- 
 ments, not expending more than two thousand dollars of 
 the appropriation herein made for such station in mak- 
 ing such purchases and in the construction of such build- 
 ings and improvements for said station and school. The 
 board also has authority to appoint and discharge at 
 pleasure such officers, agents and servants as are deemed 
 necessary to the operation of the station under the super- 
 intendence and direction, and subject to the rules and 
 regulations of the board. 
 
 7. The board must cause such experiments to be made 
 at the station as will advance the interest of scientific agri- 
 culture, and to cause such chemical analyses to be made 
 as are deemed necessary ; all such analyses, if required, 
 to be made under the supervision of the commissioner of 
 agriculture, by the chemist of the agricultural depart- 
 ment without charge,. 
 
 8. Said board of control may adopt such rules and 
 regulations as they may deem necessary for the proper 
 Carrying out the provisions of this act. 
 
 Feb. 21, 1893. 
 
 AN ACT 
 
 To establish five additional branch agricultural experi- 
 ment stations and agricultural schools to be located in 
 the first, fourth, fifth, sixth, and ninth congressional 
 districts respectively in the State of Alabama. 
 
147 
 
 Section 1 . Be it enacted by the General Assembly of 
 Alabama, That five additional agricultural branch ex- 
 periment stations and agricultural schools are hereby 
 established to be located in the first, fourth, fifth, sixth 
 and ninth congressional districts respectively in the State 
 of Alabama. 
 
 Sec. 2. Be it further enacted, That the commissioner 
 of agriculture, governor and superintendent of educa- 
 tion shall locate said stations and schools one in each of 
 said first, fourth, fifth, sixth and ninth congressional 
 districts respectively. 
 
 Sec. 3. Be it further enacted, That the board of con- 
 trol of said stations and schools shall be composed of the 
 commissioner of agriculture and the directors of the ag- 
 ricultural experiment statibn at Auburn, Alabama, and 
 five progressive farmers, who are actively engaged in 
 cultivating the lands, the same to be appointed by the 
 governor, three of whom must reside within ten miles of 
 said stations. The members of said board must not re- 
 ceive any compensation other than expenses actually 
 incurred in visiting the stations and while there super- 
 vising their aifairs. 
 
 Sec. 4. Be it further enacted, That the said board of 
 control shall have power to pay the directors a reason- 
 able salary for their supervision of said station, not ex- 
 ceeding two hundred and fifty dollars per annum, for 
 each director, from the amount hereinbelow appropriated, 
 and the said board of control shall also have power to 
 elect the principal and teachers of said school and man- 
 age said schools and stations as in their judgment they 
 think best. 
 
 Sec. 5. Be it further enacted. That for the equipment 
 and improvement of said stations and schools there is 
 hereby appropriated out of the agricultural fund in the 
 treasury, not otherwise appropriated, an equal amount 
 to the sum appropriated to each of the other agricultural 
 
148 
 
 schools and experiment stations in Alabama. Provided^ 
 there is so much in said fund not otherwise appropriated, 
 one-fourth of said sum to be paid quarterly, to-wit : Jan- 
 uary 1st, April 1st, July l^t and October 1st, of each 
 year to the treasurer of said board of control of said sta- 
 tions. 
 
 Sec. 6. Be it further enacted, That the board of direc- 
 tors shall have authority to purchase suitable lands not 
 exceeding fifty acres for each of said stations, taking title 
 to the state, and to construct thereon the necessary build- 
 ings and other improvements not to exceed one thousand 
 dollars of the appropriation herein made for each of said 
 stations and schools. The board shall also have author- 
 ity to appoint and discharge at pleasure such officers, 
 agents and servants as are deemed necessary to the oper- 
 ation of the stations, fixing their compensation, and may 
 appoint a director, the operations of ihe stations under 
 the superintendence and direction and subject to the 
 rules and regulations^of the board of control. 
 
 Sec. 7. Be it further enacted-, That the board must 
 cause such experiments to be made at said stations as 
 will advance the interest of scientific agriculture and to 
 cause such chemical analyses to be made as are deemed 
 necessary. All such analyses, if requested, to be made 
 under the supervision of the commissioner of agriculture 
 by the chemist of the agricultural department without 
 charge. 
 
 Sec. 8. Be it fvrther enacted, That said board of con- 
 trol may adopt such rules and regulations as they may 
 deem necessary for the purpose of carrying out the pro- 
 visions of this act. 
 
 Sec. 9. That no school and experiment station shall 
 be established in either of said congressional districts 
 until such district or the citizens thereof shall donate 
 and convey to the State, for the use of such stations and 
 schools, real estate or buildings, not less than five thou- 
 
149 
 
 sand dollar* in value as approved by the commissioner 
 of agriculture. Provided, that when the school is estab- 
 lished in the sixth district, it shall be established under 
 this bill, at Hamilton, Marion county, and that for the 
 fifth district at Hayneville, Lowndes county. Provided 
 further,' and when located, the Hamilton people shall 
 make title to the State for the school building and eighty 
 acres of land adjoining. 
 Approved February 18th, 1895. 
 
Separate School Districts — "When Established. 
 
 Anniston — Acts, 1882-3, amended, Acts 1884-6. 
 1890-91, 1894-5. 
 
 Auburn — Acts, 1884-5. 
 
 Blountsville— Acts, 1884-5. 
 
 Clintonville— Acts, 1882-3. 
 
 Cullman, Cullman County — Amended 1892-3. 
 
 Evergreen — Acts, 1878-9. 
 
 Faunsdale— Acts, 1882-3. 
 
 Haw Ridge— Acts, 1884-5. 
 
 Magnolia — Acts, 1884-5. 
 
 Marion— Acts, 1876-7. 
 
 Oxmoor— Acts, 1876.— Acts, 1886-7. 
 
 Peabody— Acts, 1882-3; amended 1884-5— 1886-7. 
 
 Spring Hill— Acts, 1884-5. 
 
 Texasville— Acts, 1884-5. 
 
 Tuscumbia — Acts, 1884-5. 
 
 Union Springs— Acts, 1880-1—1886-7. 
 
 Warrior — Acts, 1884-5. 
 
 Calhoun and Etowah counties, T. 12, R. 17 and 18 — 
 Acts, 1884-5. 
 
 Dallas county, certain fractional townships — Acts, 
 1882-3. 
 
 Lauderdale county, territory east of Shoal Creek — 
 Acts, 1882-3. 
 
 Walker county, T. 14, R's 8 and 9— Acts, 1884-5. 
 
 Franklin and Madison County Superintendents re- 
 ceive 3 per cent, and pay Teachers monthly. 
 
151 
 Special Acts Session 1886-7. 
 
 Burnett District, Cherokee County. 
 Coffee County, School District. 
 DeKalb County, Valley Head District. 
 Greene County, Normal school, colored. 
 Greenville District. 
 
 Hale County, Liberty District. * 
 
 Dale County, School District. 
 Jefferson County, Superintendent's salary, &c. 
 Lamar County, appointment of School Officers. 
 Limestone County, Center Hill District. 
 Lowndes County Superintendent receives $100 Salary 
 and 2i per cent. Commission, 
 
 Marengo County, Aimwell District. 
 Marion County, appoints school officers. 
 Montgomery School District — Amended 1884-5. 
 Morgan County, School District. 
 Perry County, School District. 
 Talladega City Schools. 
 
 Separate School Districts — Established 1888-9. 
 
 Aimwell — Marengo county. 
 Alco — Escambia county. 
 Baker — Henry county. 
 Blount Springs — Blount .county. 
 Callahan — Conecuh county. 
 Central Institute — Elmore county. 
 
152 
 
 Cinnibee — Talladega county . 
 
 Fortner — Conecuh county. 
 
 Hazle Green — Madison county. 
 
 Ironaton — Talladega county. 
 
 Lawrence Grove — Morgan county. 
 
 Moss Creek — Marengo county. 
 
 New Decatur — Morgan county. 
 
 Decatur — act amended — Morgan county. 
 
 Pleasant Giove — act amended — Jackson county. 
 
 Salem — Lee county. 
 
 Salitpa — Clarke county. 
 
 Stuckey — Marion and Lamar counties. 
 
 Sylvan Grove — Dale county. 
 
 Titi — Coffee county. 
 
 Act, providing for, in Tuskaloosa county. 
 
 Tuskegee — Macon county. 
 
 Union — Limestone county. 
 
 Woodland Mills — Morgan county. 
 
 Wolf's Beat — Morgan county. 
 
 Perry county — Increase pay of County Superinten- 
 dent. 
 
 Escambia — As to title inT. 2, R. 10. 
 
 Cullman county — elects Township Trustees. 
 
 Covington county — elects Township Trustees. 
 
 Chambers county — LaFayette gets liquor license. 
 
 Blount county — elects Township Trustees. 
 
 To repeal monthly pay in Lamar, Fayette and Marion 
 counties. 
 
 Separate School Distribts — 1890-91. 
 
 Albertville. 
 
153 
 
 Anniston. 
 
 Attalla. 
 
 Bridgeport. 
 
 Cherokee. 
 
 China Grove. 
 
 Cleveland. 
 
 Cooks Springs. 
 
 County line, Cullman County. 
 
 Covington County, T. 6 & Range 14. 
 
 Dallas County, Fractional Townships in. 
 
 Eufaula. 
 
 Florence. 
 
 Girard. 
 
 Good Hope. 
 
 Jones Chapel. 
 
 Luverne. 
 
 Maple Grove. 
 
 Pleasant Grove. 
 
 Selma. 
 
 Stucky. 
 
 Sylvan. 
 
 The Deans. 
 
 Separate Sbhool Districts. — 1892-3. 
 
 James — Bibb county. 
 
 Blackwoods — Henry and Dale counties. 
 
 Bowen — Henry county. 
 
 Oxanna — Calhoun county. 
 
 No. Four— Coffee county. 
 
 Dadeville—Tallapoosa county. 
 
154 
 
 Blockwood — Dale county. 
 Eastlake — Jefferson county. 
 Fairfield — Geneva county. 
 Eutaw — Green county. 
 Hampton — Madison county. 
 Hayne — Lowndes county. 
 Brown — Henry county. 
 Thomas — Jefferson county, 
 Lowndesboro — Lowndes county. 
 Magnolia — Lowndes county. 
 Melville — Winston county. 
 Oak Grove — Pike county. 
 Oneonta — Blount county. 
 Pell City — St. Clair county. 
 Union Grove — Winston county. 
 Waterloo — Lauderdale county. 
 Wetumpka — Elmore county. 
 
 Separate School Districts, 1894-5. 
 
 Anton — Winston county. 
 Benton — Lowndes county. 
 Boaz — Marshall county. 
 Brewton — Escambia county. 
 Clintonville — Coffee county. 
 Crane Hill — Cullman county. 
 Daviston — Tallapoosa county. 
 Dismal — Winston county. 
 Fillman — Winston county. 
 Geo. N. Gilmer — Lowndes county. 
 Glendale — Monroe county. 
 
155 
 
 Greensboro— Hale county. 
 Headland — Henry county. 
 Hulacho — Cullman county. 
 Jasper — Walker county. 
 Newburgh — Franklin county. 
 Pleasant Hill — Jefferson county. 
 Poplar Springs — Winston county. 
 Pintlala — Lowndes county. 
 Reynolds — Henry county. 
 Rockford — Coosa county. 
 Rodgers — Pike county. 
 TafF — Cheroke county. 
 Union Hill — Henry county. 
 Wyndham Creek — Lowndes county. 
 
OPINIONS OF ATTOBNEY-GENERAL. 
 
 PROCEEDS OF TIMBER SALES. 
 
 Montgomery, February 11, 1890. 
 Hon. Solomon Palmer, Supt. of Education : 
 
 Dear Sir : In reply to yours of recent date in regard 
 to the proper disposition of the money arising from the 
 sale of timber off of school lands, by the trustees of town- 
 ship 5, range 5 in Jackson county, I have to say, that in 
 my opinion such sale was not authorized by law, nor is 
 there any legal authority for requiring the proceeds to be 
 paid into the State treasury to the credit of said town- 
 ship. 
 
 Respectfully submitted, 
 
 W. L. Martin, 
 Attorney-General . 
 
 POLL TAX FUND. 
 
 Montgomery, April 11, 1889. 
 ^071. CD. Hogue, State Auditor: 
 
 Dear Sir : In compliance with your request for a 
 written opinion construing the act to determine and fix 
 the amount of poll tax available each scholastic year for 
 
157 
 
 school purposes, approved February 28, 1889, I have to 
 say, that in my opinion, the leading intention of the act 
 is to fix a basis for contracts with reference to the poll 
 tax fund. It is not intended to make an appropriation 
 of the sum equal to the poll tax of last year in addition 
 to or in lieu of the amount whicli may be realized from 
 that source during the present year ; nor is it intended 
 that the State shall pay out a sum as poll tax in advance 
 of its receipt upon the treasury. The identity of the poll 
 tax is not to bo disturbed. The amount of the poll tax 
 paid into the treasury to the credit of the school fund, 
 for each race in each township during the preceding year, 
 is the basis and the limit of contracts as to such fund 
 during the current year ; the poll tax received into the 
 treasury during the current year, together with any bal- 
 ance that may have been brought forward, to the credit 
 of each race, in each township, is the fund from which 
 it is contemplated such contracts shall be paid. The act 
 rests on the assumption that the poll tax fund of the cur- 
 rent year will be at least equal to that fund paid into the 
 treasury during the preceding year. A failure in this 
 regard will present questions which can be properly de- 
 termined when they arise. 
 
 Of course the act can not affect contracts made prior 
 to its passage, so as to lessen the amount to be paid un- 
 der such contracts, but as to contracts subsequently 
 made the amount of the poll tax paid out during the cur- 
 rent year, should not exceed the amount of that fund paid 
 into the treasury during the preceding year by each race 
 in each township. The balance, if any, would be car- 
 ried forward to the next year. Under the act in ques- 
 tion, no part of the poll tax fund can hereafter be paid 
 out on contracts for the first quarter of the scholastic 
 year. 
 
 The words "past taxes" and "final quarter" as found 
 in the proviso, are evidently clerical errors ; in my opin- 
 
158 
 
 ioD, they will be respectively construed "poll taxes" and 
 "first quarter." 
 
 Respectfully submitted, 
 
 W. L. Martin, 
 
 Attorney-General. 
 
 OVERPAYMENTS TO TEACHERS, 
 
 Montgomery, Ala., Dec. 31, 1890. 
 Hon. John G. Harris, Superintendent of Education : 
 
 Dear^Sir — I have received your favor of the 16th in- 
 stant, requesting my opinion on the following questions : 
 
 "1. A county or district superintendent pays to one 
 teacher more money than the amount apportioned to the 
 school taught per capita. By what process can such 
 superintendent be reimbursed? 
 
 "2. A superintendent fails to pay, by oversight or 
 otherwise, the full amount due to a teacher for teaching 
 a certain school when said amount was due said school. 
 Where is the remedy of the teacher? In other words, a 
 superintendent pays one teacher more than the appor- 
 tionment for the school he has taught and another less 
 than the apportionment, by what process can the defect 
 be remedied? Can one scholastic year be encumbered- 
 by a deficit arising during another scholastic year as to 
 these overpayments or deficits? 
 
 ''3. When a superintendent pays out for school pur- 
 poses more than comes into his hands for that scholastic 
 year, is there any law, positive or inferential, that will 
 allow these overpayments to be paid out of the appor- 
 
159 . 
 
 tionment for the succeeding scholastic year? Has the 
 State Superintendent any discretionary powers in such 
 case?" 
 
 Before proceeding to answer your question I will quote 
 certain parts of the school law, which I think furnish the 
 basis for the determination of the questions presented. 
 
 Section 1009 of the Code provides : As soon as the 
 apportionment is completed, the Superintendent of Edu- 
 cation shall have the same recorded in his office, in hooks 
 kept for that purpose, showing the amount which has 
 been apportioned to each school district, and the source 
 or sources from which the same was derived, the amount 
 to each race in the district, and the number of children 
 of each race in the district upon which the apportion- 
 ment was based ; and he shall then furnish to each coun- 
 ty superintendent of education, a certified copy from 
 such books, showing the dividends of the Educational 
 fund to each township or district under the latter 's super- 
 vision and the amount so divided and certified shall be 
 the total amount which each of such school districts 
 shall be entitled to receive from the State, except the poll 
 tax, during the current scholastic year; and no contract 
 to pay for any district more than the amount thus ap- 
 portioned to it together with such poll tax as it may re- 
 ceive, and such funds as may be in hand from any pre- 
 vious year, shall be valid against the State or township." 
 
 Subdivision 5 of section 960, provides that the county 
 superintendent "shall as soon as he receives the annual 
 apportionment of the Educational fund to his county, 
 forthwith notify the superintendent of each township of 
 the amount apportioned to each race to the township." 
 Subdivision 6 of said section i)rovides that the county 
 superintendent shall keep a correct account of the amount 
 of the Educational fund apportioned to and distributed 
 to each township for each race. 
 
 Section 967 makes it the duty of the township superin 
 
. 160 
 
 tendent, after determining the number and location of 
 schools, to apportion to each school so established the 
 amount it shall receive from the public school revenue 
 apportioned to the township and race for the current 
 scholastic year ; and by section 968 he is required to 
 make report thereof to the county superintendent. 
 
 Section 974 provides that the township superintendent 
 shall in no case contract with teachers until he has defi- 
 nately determined the number and location of schools 
 in his district and the amount of money each school shall 
 receive from the amount apportioned to the district. 
 
 Section 975 provides that all contracts with teachers 
 shall be in writing and shall specify the amount to be 
 paid per month from the district fund and that no con- 
 tract shall be valid without the approval of the county 
 superintendent. 
 
 The careful manner in which the law provides for the 
 apportionment of the Educational fund to each township 
 and race, and for informing school officers of such ap- 
 portionment before they are required to act, leaves no 
 room to doubt that the amount apportioned "to each 
 township and race" for the scholastic year is the exclu- 
 sive property of such township and race for the main- 
 tenance of schools during the current scholastic year,, 
 and no part of such fund can be lawfully applied in any 
 other manner. 
 
 If a county superintendent pays a teacher or teachers 
 of either race more money than the amount accruing to 
 the district for such race as provided by section 1009 
 herein quoted, there is no legal way in which he can be 
 reimbursed. The section referred to expressly provides 
 that no contract to pay in excess of the fund there men- 
 tioned shall be valid against the state or township . To 
 permit a county superintendent to pay out money in ex- 
 cess of the apportionment a fund for a particular town- 
 ship and race during a scholastic year and to reimburse 
 
161 
 
 himself from the amount apportioned to such township 
 and race for a subsequent scholastic year, would be a 
 violation of that statute. If school officers in making 
 contracts exceed the amount of the fund they do so at 
 their peril. When a county superintendent approves a 
 contract with a teacher he thereby becomes bound to 
 pay such teacher the amount stipulated in the contract ; 
 and when the teacher has fully complied witli his part 
 of the contract and comes for his money it is no answer 
 for the county superintendent to say that the amount 
 stipulated in the contract exceeds the amount of the 
 fund for the township and race for which the scliool was 
 taught. In such case the teacher may recover the stipu- 
 lated compensation, by suit against the superintendent 
 and the sureties on his official bond. 
 
 But in such case, if the fund for the township and 
 race for the scholastic year is exhausted there is no fund 
 from which the county superintendent can lawfully re- 
 imburse himself. He can not use the money of one 
 township and race to repay himself an amount overpaid 
 another district and race ; nor can any part of the ap- 
 propriation for another year be lawfully used in that 
 way. For such deficit the county superintendent is left 
 without remedy. 
 
 When two or more schools for one race are established 
 in a district and the fund for such district and race is 
 apportioned to such schools this does not multiply the 
 accounts to be kept by the county superintendent ; the 
 account which he is required by law to keep, is of the 
 fund for each district and race ; and while the appor- 
 tionment so made by the township superintendent should 
 be observed as far as practicable, the county superin- 
 tendent is not limited to the amount per capita appor- 
 tioned to each school in the payment of teachers for such 
 district and race. The fund for the townsliip and race 
 11 
 
162 
 
 is legally disbursed when paid to teachers for such town- 
 ship and race during the current scholastic year. 
 Respectfully submitted, 
 
 Wm. L. Martin, 
 Attorney General. 
 
 TOWNSHIP TRUSTEES. 
 
 Office of Attorney General. ' 
 
 Montgomery, June 2, 1891. 
 
 Hon. Jno. G. Harris, 
 
 Superintendent of Education. 
 
 Dear Sir — In reply to your favor of the 30th ultimo 
 I give you the following opinion : 
 
 Section 2 of the act approved February 10, 1891, "To 
 regulate the apportionment of the school fund in this 
 state by the Superintendent of Education," acts 1890-91, 
 p. 554, provides : "The in lieu of township superin- 
 tendents the county superintendent shall appoint under 
 this law three (3) township trustees who shall be free- 
 holders and householders, resident in the township for 
 which theyfare appointed." Section 966 of the Code of 
 1886, provides : "A township superintendent for each 
 township or other school district in each county, who 
 shall be a freeholder or householder resident in such 
 township or other school district shall be appointed by 
 
163 
 
 the county superintendent of education, subject to the 
 approval of the Superintendent of Education whose term 
 of office shall be for two years and until his successor 
 shall qualify, and shall commence on the first day of 
 October of each odd year. 
 
 The effect of section 2 of the act of February 10, 1891, 
 above quoted, is to change section 966 of the Code so as 
 to provide for the appointment of three trustees instead 
 of a township superintendent, and to require that such 
 trustees shall possess the qualifications of both house- 
 holders and freeholders resident in the township . The 
 township superintendents who were in office at the date 
 of the passage of said act of February 10, 1891, and 
 whose terms expire on the first day of October, 1891, 
 are not intended to be displaced before the expiration of 
 their term of office. They will continue in office until 
 the date mentioned, when they will be succeeded by 
 trustees to be appointed under the act of February 10, 
 1891. These appointments may be made prior to the 
 first day of October to take effect at that date. 
 
 The several special acts heretofore from time to time 
 passed by the legislature, providing for the election of 
 three township trustees for each township in certain 
 counties, are not repealed or affected by the act of Feb- 
 ruary 10, 1891. 
 
 Respectfully submitted, 
 
 Wm. L. Martin, 
 Attorney General.. 
 
CRIMINAL PROVISIONS OF THE CODE, 
 
 § 3799 (4381) Code (ISSQ) .—Embezzlement by county 
 superintendents of education . — Any county superintendent 
 of education to whom any money or property has been 
 delivered as county superintendent* of education, who 
 embezzles or fraudulently converts to his own use such 
 money or property or any part thereof must be punished, 
 on conviction, as if he had stolen it and shall forfeit his 
 office . 
 
 § 3800 (4382) . — Embezzlement by using school money for 
 other than school purposes . — Any person into whose hands, 
 or under whose control, any of the public school money 
 may come, who uses or permits the use of the same, or 
 any part thereof, except for purposes of the public 
 schools, and in accordance with the law regulating the 
 public schools, and providing for the disbursement of 
 the public school money, is guilty of embezzlement, and, 
 on conviction, must be punished, as if he had stolen it. 
 
SCHOOLMASTER'S RIGHT TO PUNISH, AND 
 CRIMINAL LIABILITY FOR ABUSE. 
 
 State of Alabama, 
 
 Department of Education, 
 
 Montgomery. 
 
 The following decision of the Supreme Court of Ala- 
 bama is publislied, for the information and guidance of 
 teachers and other public school officers. Let me call 
 the attention of teachers especial!}- to tlje opinion of the 
 court. 
 
 Jno. 0. Turner, 
 State Superintendent. 
 
 SOMMERVILLE, J.— The defendant, a schoolmaster, 
 being indicted, was convicted of an assault and battery 
 on one Lee Crowder, a pupil in his school, who is shown 
 to have been about eighteen years of age. The defense 
 is, that the alleged battery was a reasonable chastise- 
 ment inflicted by the master in just maintenance of dis- 
 cipline, and in punishment of conduct on the part of the 
 pupil which tended to the subversion of good order in 
 the school. 
 
 The case involves a consideration of the proper rule 
 of law prescribing the extent of the schoolmaster's au- 
 thority to administer corporal corrections to the pupil. 
 
 The principle is commonly stated to be, that the 
 schoolmaster, like the parent, and others in foro domes- 
 tico, has the authority to moderately chastise pupils un- 
 
166 
 
 der his care — or, as stated by Chancellor Kent, "the 
 right of inflicting moderate correction, under the exer- 
 cise of a sound discretion." 2 Kent's Com. *203-206. 
 In other words, he may administer reasonable correc- 
 tion, which must not " exceed the bounds of due modera- 
 tion, either in the measure of it, or in the instrument 
 made use of for the purpose." If he go beyond this ex- 
 tent, he becomes criminally liable, and, if death ensues 
 from the brutal, injuries inflicted, he may be liable for 
 not only assault and battery, but to the penalties of 
 manslaughter, or even murder, according to the circum- 
 stances of the case. — 1 Archbold's Cr. Prac. *218;1 
 Bish. Cr. Law (7th Ed.), §§ 881-2. 
 
 This power of correction, vested by law in parents, is 
 founded on their duty to maintain and educate their off- 
 spring. In support of that authority, they must have" 
 "a right to the exercise of such discipline as maybe 
 requisite for the discharge of their sacred trust." — 2 
 Kent's Com. *203. And his power, allowed by law to 
 the parent over the person of the child, "may be dele- 
 gated to a tutor or instructor, the better to accomplish 
 the purpose of education." lb *205 ; 1 Black. Com. 
 *507. 
 
 The better doctrine of the adjudged cases, therefore, 
 is, that the teacher is, within reasonable bounds, the 
 substitute for the parent, exercising his delegated au- 
 thority. He is vested with the power to administer 
 moderate correction, with a proper instrument, in cases 
 of misconduct, which ought to have some reference to 
 the character of the offense, the sex, age-, size, and phys- 
 ical strength of the pupil. When the teacher keeps 
 within the circumscribed sphere of his authority, the 
 degree of correction must be left to his discretion, as it 
 is to that of the parent, under like circumstances. With- 
 in the limit, he has the authority to determine the gravity 
 or heinousness of the offense, and to mete out to the 
 
167 
 
 offender the punishment which he thinks his conduct 
 justly merits ; and hence the parent or teacher is often 
 said pro hac vice, to exercise "judicial functions." 
 
 All of the authorities agree, that he will not be per- 
 mitted to deal brutally with his victim, so as to endan- 
 ger life, limb, or health. He will not be permitted to 
 inflict "cruel and merciless punishment." — Schouler's 
 Dom. Rel. (4th Ed.), § 244. He cannot lawfully dis- 
 figure him, or perpetrate on his person any other per- 
 manent injury. As said by Gaston J. , in State v. Pender- 
 grass, 2 Dev. & Bat. Law, 365; 31 Amer. Dec. 416, a 
 case generally approved by the weight of American au- 
 thority, "It" may be laid down as a general rule, that 
 teachers exceed the limit of their authority, when they 
 cause lasting mischief ; but act within the limits of it, 
 when they inflict temporary pain." 
 
 There are some well considered authorities, which 
 hold teachers and parents alike liable criminally, if, in 
 the infliction of chastisement, they act clearly without 
 the exercise of reasonable judgment and discretion. The 
 test which seems to be fixed by these cases is the general 
 judgment of reasonable men. — Patterson v. Nutter, 78 Me. 
 509 ; 57 Amer. Rep. 818. The more correct view, how- 
 ever, and the one better sustained by authority, seems to 
 be, that, when in the judgment of reasonable men, the 
 punishment inflicted is immoderate, or excessive, and a 
 jury would be authorized from the facts of the case to in- 
 fer that it was induced by legal malice, or wickedness of 
 motive, the limit of lawful authority may ,be adjudged 
 to be passed. In determining this question, the nature 
 of the instrument of correction used may have a strong 
 bearing on the inquiry as to motive, or intention. The 
 latter view is endorsed by Mr. Freeman, in hid note to 
 the case of State v. Pender grass , 31 Amer. Dec. 419, as the 
 more correct. "The qualification," he observes, "that 
 the schoolmaster shall not act from malice, will protect 
 
168 
 
 his pupils from outbursts of brutality, whilst, on the 
 other hand, he is protected from liability for mere errors 
 of judgment." Lander v. Seaver, 32 Vt. 114 ; 76 Araer. 
 Dec. 156, and note pp. 164-167; State v. Alford, 68 N. C. 
 322 ; State v. Harru, 63 N. C. 1. 
 
 Judge Reeves, in his work on Domestic Relations in- 
 dorses the same view, asserting that the parent and 
 schoolmaster, in imposing chastisement for cause, must 
 be considered as acting in a judicial capacity, and are 
 not to be held legally responsible for errors of judgment, 
 although the punishment may appear to the trial court 
 or jury to be unreasonably severe, and not j)roportioned 
 to the offense, provided they act "conscientiously and 
 from motives of duty." -'But," he says further, ''when 
 the punishment is, in their opinion, thus unreasonable, 
 and it appears that the parent . acted malo animo — from 
 wicked motives — under the influence of an unsocial heart, 
 he ought to be liable to damages. For error of opinion, 
 he ought to be excused ; but for malice of heart, he must 
 not be shielded from the just claims of the child. 
 "Whether there was malice, may be collected from the cir- 
 cumstances attending the iDunishment." — Reeves' Dom. 
 Rel. (4th Ed.), 357-358. 
 
 Dr. Wharton in his work on Criminal Law, thus states 
 the principle : "The law confides to schoolmasters and 
 teachers a discretionary power in the infliction of punish- 
 ment upon their pupils, and will not hold them respon- 
 sible, unless the punishment be such as to occasion per- 
 manent injury to the child, or be inflicted merely to 
 gratify their own evil passions. The teacher must be 
 governed, when chastisement is proper, as to the mode 
 and severity of the punishment, by the nature of the of- 
 fense, the age, size, and apparent powers of endurance of 
 the pupil. It is for the jury to decide whether the pun- 
 ishment is excessive. — 1 Whart. Cr. Law (9th Ed.), 
 § 632. 
 
169 
 
 Mr. Bishop adds, pertinent to the same subject : "The 
 law has provided no means whereby a parent, meditating 
 chastisement, can first obtain a judicial opinion as to its 
 necessity, the proper instruments, and its duo extent. In 
 reason, therefore, if he acts in good faith, prompted by- 
 pure parental love, without passion, and inflicts no per- 
 manent injury on the child, he should not be punished 
 merely because a jury, reviewing the case, do not deem 
 that it was wise to proceed so far." — 1 Bish. Cr. Law 
 (7th Ed.) , § 882. See, also, Schoulor's Dom. Rel. (Ith 
 Ed.) , § 244; I felack. Com. * 556 ; 1 Greenl. Ev. § 97 ; 2 
 Addison on Torts (Wood's Ed.), §840; Danenhoffcr v. 
 State, 69 Ind. 295; Com. v. Randall, 4 Gray (Mass.) 36; 
 State V. Burton, 45 Wis. 150. 
 
 To the foregoing authorities I may add, as a matter of 
 literary curiosity, rather than legal authority, the follow- 
 ing views expressed on this subject by Dr. Samuel John- 
 son, to his biographer Boswell, as far back 1772. Bos- 
 well was of counsel for a schoolmaster in Scotland who 
 had been somewhat severe in his chastisement of one of 
 his pupils, and the case was pending on appeal from the 
 Court of Sessions before the English House of Lords, on 
 a proceeding to remove him from his office. The opinion 
 of the most learned of literary philosophers having been 
 solicited, he discoursed as follows : ' 'The government of 
 the schoolmaster is somewhat of the nature of a military 
 government — that is to say, it must be arbitrary ; it must 
 be exercised by the will of one man, according to par- 
 ticular circumstances. A schoolmaster has a prescriptive 
 right to beat, and an action of assault and battery can 
 not be admitted against him, unless there be some great 
 excess, some barbarity. In our schools in England many 
 boys have been maimed, yet I never heard of an action 
 against a schoolmaster on that account. Puffendorf, I 
 think, maintains the right of a schoolmaster to beat his 
 scholars. — Boswell's Life of Johnson, voL 2, pp. 89, 96. 
 
170 
 
 While, on the one hand, we should recognize that 
 every child has rights which ought to be protected against 
 the brutality of a cruel teacher, or barbarous parent, on 
 the other, it is equally important not to paralyze that 
 power of correction and discipline by the rod, given, as 
 Blackstone asserts, "for the benefit of education," which 
 has for ages been deemed necessary alike on the part of 
 parents to prevent their children from becoming "the 
 victims of bad habits, and thereby proving a nuisance to 
 the community, "and on the part of teachers to preserve 
 that dicipline of the schools, without which all efforts to 
 promote the education of the present and future genera- 
 tions will prove a lamentable failure. — Reeves' Dom. 
 Rel. 367. No regulation of the schoolroom, anymore 
 than a law of the State, can be successfully enforced with- 
 out the aid of coercive penalties. A law without a pen- 
 alty is in practice a dead letter. Moderate chastisement 
 is established by immemorial usage as the only available 
 terror to vicious and incorrigible evil-doers, both in the 
 homestead and in the school room ; at least in cases where 
 the more humane law of kindness and moral suasion has 
 proved ineffectual. "Foolishness," said Solomon, "is 
 bound up in the heart of a child, biit the rod of correc- 
 tion shall drive it out from him." "The rod and reproof 
 give wisdom, but a child left to himself causeth shame to 
 his mother." And again: "Train up a child in the 
 way he should go, and even when he is old, he will not 
 depart from it . " These words are as true now as they 
 were a hundred generations ago, when they were uttered 
 by the wise man. This right of discipline with the rod, 
 administered without malice or immoderation, has been 
 Avell characterized as a part of the common law of the 
 school-room. The more thoroughly the right is estab- 
 lished, as experience in all discipline shows, the less fre- 
 quent will be the necessity of resorting to its exercise to 
 enforce obedience to the lawful mandates of the parent, 
 or of the schoolmaster. 
 
171 
 
 AVe have said this much in order that we may not be 
 misunderstood in the conclusion reached by us, not to 
 disturb the judgment of conviction in this case. We 
 can not say, under the principles above stated, that the 
 judge of the Criminal Court reached an erroneous con- 
 clusion, in adjudging that the defendant exceeded his 
 lawful authority, so as to render himself liable for an as- 
 sault and battery. 
 
 The statute organizing the Criminal Court of Pike 
 county confers upon convicted parties the right of ap- 
 peal to this court. But, where a jury is waived, and the 
 judge tries the facts, the decision of the court upon the 
 facts is, in legal effect, equivalent to the verdict of a 
 jury, and, in the absence of statutory power, will not be 
 reviewed by this court on appeal. — Bell v. The State, 75 
 Ala. 25; Calloway v. The State, lb. 37; Knowles v. The 
 State, 80 Ala. 9 ; Winn v. The State, 87 Alft. 137. The 
 statute' under consideration confers no such jurisdiction 
 on this court.— Acts 1888-89, pp. 631-634, § 15. 
 
 It is only where, upon the undisputed facts of the case, 
 with all proper inferences deducible from such facts, a 
 jury would not have been lawfully authorized to find the 
 defendant guilty of the crime charged, that we will re- 
 view and reverse the judgment of the lower court; in 
 other words, where the whole question raised is reduced 
 to one of law, and the verdict can not, as matter of law, 
 be supported by any reasonable inferences from the 
 evidence. This was the case of Skinner v. The State, 87 
 Ala. 105. 
 
 There was evidence in this case from which the infer- 
 <-'nce of malice could have been deduced as influencing 
 the conduct of the defendant in his chastisement of 
 young Crowder, both as to his outbursts of temper, and 
 in the use of improper instruments of correction. Tak- 
 ing, as we must, every reasonable inference which the 
 judge, acting as a jury, could have drawn from the evi- 
 
172 \ 
 
 dence, we take as true, among others, the following facts : 
 That, after the severe chastisement administered in the- 
 school-room, defendant followed Crowder into the school- 
 yard, and struck him with "a limb or stick," and then- 
 "put his hands in his pocket, as if to draw a knife;" that, 
 although Crowder did not strike back, but only protest- 
 ed against and resisted castigation, and, after apologiz- 
 ing for the objectionable languague imputed to him, 
 asked permission to withdraw from the school , the de- 
 fendant, after promising not to strike him, "afterwards- 
 struck him in the face three licks with his fist, and hit 
 him several licks over the head with the butt end of the 
 switch. From these blows, eye of the young man was 
 * 'considerably swollen," and was "closed for several 
 days." The attending physician testified, that there 
 were "marks on his head made by a stick, in his opin- 
 ion." One mtness asserts, that the defendant declared 
 he "would conquer him (Crowder) or Jciil him." All- 
 the witnesses for the State say, that the defendant was- 
 apparently very angry all the time, and was very much 
 excited, and after he got through whipping Crowder he 
 remarked, in an excited, angry voice, in the presence of 
 the school, and others, that he "could whip any man in 
 China Grove beat!" From this unseemly conduct on 
 the part of one whose duty it was to set a good example 
 of self- restraint and ge»tlemanly deportment to his pupils, 
 there was ample room for the inference of legal malice, 
 in connection with unreasonable and immoderate cor- 
 rection. Nor was the limb of a tree, of the size indicated 
 by the evidence, nor a clinched fist applied in bruising 
 the pupil's eye, after the manner of a prize- figthter, a 
 
 proper instrument of correction to be used on such an 
 occasion. 
 
 The conviction must accordingly be sustained, with- 
 out assuming any jurisdiction to review the correctness 
 of the judge's finding on the facts. 
 
 Affimed. 
 
 
PUBLIC SCHOOL QUESTION. 
 
 iiome interesting questions and answers about the 
 16th section fund. 
 
 SUPT. TURNER S CLEAR EXPOSITION OF THE MATTER THE 
 
 FUND BELONGS ABSOLUTELY TO THE TOWNSHIPS. 
 
 Editor Advertiser : When Congress gave to Alabama 
 for school purposes the sixteenth section of each town- 
 ship, was the donation so fixed that the State must for- 
 ever pay to each township where the schools are taught 
 the money belonging to each and every township, or 
 could the legislature, if it chose to do so, amend the 
 school laws and pay it out on what seems to me a simpler 
 and more equitable plan? 
 
 Congress, in making the donation of every sixteenth 
 section throughout the State, proceeded on the hypoth- 
 esis that every section donated was of equal value, but 
 such was not the case. In what is known as the black 
 belt as a rule the sixteenth section sold for large sums of 
 money, while on the other hand sixteenths in the sandy 
 lands were sold for ver}^ small amounts, and by this dis- 
 parity the object Congress had in view in giving the 
 land was defeated, viz : to better enable the poor man to 
 send his children to school. Instead of assisting the 
 poor man, as designed by Congress, the largest part of 
 the money for public schools was paid to the townships 
 whose sixteenths sold for the most money. 
 
174 
 
 If I understand the matter the State is paying interest 
 on this fund and each township draws interest in pro- 
 portion to the amount of money for which the land was 
 sold, and this is why a township in a rich land county 
 may draw $200 while one in a poor land county may not 
 draw over $50, and it often occurs that there are three 
 or four times as many children in the poor land town- 
 ship as there are in the more favored one. 
 
 No fair minded man, it seems to me, could raise any 
 objection to a plan that would give every child who at- 
 tended school the same length of time the same amount 
 of the school fund ; but under the present arrangement 
 this can never be done, until a change is made in the 
 State's free school law. 
 
 If it be possible to throw the sixteenth section fund 
 into one solid lump throughout the entire State and then 
 add the general appropriation made by the legislature 
 every two years to this amount and divide the money by 
 the number of children within the school age, then every 
 child would have set to its credit the same amount of 
 the school fund. Following this method, the intent of 
 Congress would in part be carried out. 
 
 I would be pleased to hear Hon. John 0. Turner on 
 this subject, as the matter by previous agreement is to 
 be introduced at the next Montgomery County School 
 Institute, which is to meet at Ramer first Saturday in 
 August next. J. E,. McLendon. 
 
 Naftel, Ala., July 2d, 1895. 
 
 Office Superintendent Education, 
 
 Montgomery, Ala., July 11th, 1895. 
 Editor Advertiser : The communication of Hon. J. R. 
 McLendon, of Naftel, Ala., addressed to The Advertiser 
 for publication, making inquiry relative to the 16th sec- 
 
175 
 
 tion grant by the Congress of the United States for the 
 use of schools in the townships, is now before me, for 
 reply, and I ask that you publish my letter in the same 
 issue with his, as the matter may prove of interest ta 
 those not informed upon this subject. By reference to the 
 Acts of Congress, approved March 2d, 1819, page 489 to 
 page 492, will be found the original act enabling the peo- 
 ple of Alabama territory to form a constitution and State 
 government, and for the admission of such State into the 
 Union on an equal footing with the original States. 
 
 Among all the things set out in this act, preparatory 
 to the admission of Alabama as a state into the Union, 
 I find in section 6 the following, viz : "And be it fur- 
 ther enacted , That the following propositions be and the 
 same are hereby offered to the convention of said terri- 
 tory of Alabama, when formed, for their free acceptance 
 or rejection, which, if accepted by the convention, shall 
 be obligatory upon the United States. 
 
 First. That the section numbered sixteen in every 
 township, and when such section has been sold, granted, 
 or disposed of, other lands equivalent thereto and most 
 contiguous to the same, shall be granted to the inhabit- 
 ants of such townships for the use of schools." 
 
 After the ratification of this Act by the people of the 
 said territory, the Congress of the United States, in joint 
 session, passed a resolution, approved Dec. 14, 1819, 
 admitting Alabama into the Union on an equal footing, 
 with the original States; in all respects whatever. 
 
 By this Act of Congress' the sixteenth section or its 
 equivalent, when disposed of, became the inalienable 
 property of the inhabitants of the township for school 
 purposes alone. Of course Congress knew of the 
 inequality of value likely to occur in the sixteenth sec- 
 tion of the various townships, but proceeded upon the 
 hypothesis thatjin sections of the State where the lands 
 were most fertile the population would be greatest and 
 
176 
 
 to some extent equality would be kept up. Later on it 
 was discovered that in many townships the 10th section 
 was, so to speak, valueless, and Congress made an effort 
 to remedy the inequality found to exist in them. By 
 reference to the Acts of Congress approved Aug. 11, 1848, 
 page 281, will be found an Act to authorize the State of 
 Alabama to apply certain lands heretofore granted to 
 that State for internal improvements for the use of 
 schools in the valueless sixteenth sections in said State. 
 This accounts for the interest known as interest on the 
 valueless sixteenth section fund. 
 
 The act is as follows : 
 
 **Be it enacted by the House of Representatives of the 
 •United States of America iu Congress assembled. That 
 the lands granted to the State of Alabama for purposes 
 of internal improvement, by the eighth section of an Act 
 entitled 'An Act to appropriate the proceeds of the sale 
 of the public lands, and to grant pre-emption rights," 
 approved September 4th, 1841, may be and the same are 
 hereby placed at the disposal of the Legislature of said 
 State at such price as said Legislature may direct to be 
 applied for the use of schools in such townships of said 
 State as in which the sixteenth section or school sections 
 are comparatively valueless, and the Legislature may 
 locate said lands in any legal subdivisions, not less than 
 forty acres, within the limits of said State." 
 
 Thus Congress sought to remedy the inequality of the 
 sixteenth section. As before stated this property be- 
 longed to the inhabitants of the township for the use of 
 schools and originally could in no manner be disposed of 
 by the inhabitants of the township. Subsequently the 
 right of sale was conferred upon the trustees or School 
 Commissioners by both Congress and the State Legisla- 
 ture, with the restriction that only the interest on said 
 proceeds of sale could be used for schools. 
 
 It will be seen that Alabama was admitted into the 
 
177 
 
 Union by the act of 1819, accepting the grant made by 
 Congress of the 16th section, or its equivalent, to every 
 township of the State, as a trust fund for educational 
 purposes to forever remain the inalienable property of 
 the inhabitants of the township and succeeding genera- 
 tions. The Congress of the United States and the State 
 Legislature are powerless now to pass any laws wresting 
 from the inhabitants of the townships the 16tli section 
 interests belonging thereto. The Supreme Court has 
 long since settled this question. The power to do this 
 would violate the very preface or preamble of both the 
 Federal and State constitutions, and would violate the 
 very act making Alabama a legal State of the Union. 
 Very respectfully, 
 
 John 0. Turner, 
 State Superintendent of Education. 
 
 12 
 
178 
 ALABAMA. 
 
 LIST OFCOUNTY AND CITY SUPERINTENDENTS OF EDUCATION, 
 REVISED OCTOBER, 1895. 
 
 County. 
 
 Autauga . 
 Baldwin . 
 Barbour . 
 Bibb .... 
 Blount. . . 
 Bullock . 
 Butler . . . 
 Calhoun . 
 Chambers 
 Cherokee 
 Chilton . . 
 Choctaw . 
 Clarke . . 
 
 Clay 
 
 Cleburne . . 
 Coffee . . . , 
 Colbert . . . 
 Conecuh . . 
 Coosa . . . . 
 Covington 
 Crenshaw 
 Cullman . . 
 
 I>ale 
 
 Dallas . . . . 
 DeKalb .. 
 Blmore . . . 
 Escambia . 
 Etowah . . 
 Fayette . . 
 Franklin . 
 
 Superintendent. 
 
 Wm. W. Hinton 
 
 D. C. Byrne 
 
 B. Davie 
 
 J. C. Hicks 
 
 J. C. Brittain 
 
 Dr. P. Blue 
 
 J. E. Ward 
 
 L. D. Miller 
 
 W. C. Bledsoe 
 
 J.W. Coker 
 
 J. W. Moore 
 
 0. L. Gray 
 
 Clayton Foscue 
 
 Frank J. Ingram j Ashland. 
 
 J. R. Barker lEdwardsville. 
 
 POSTOFFICE . 
 
 Billingslea. 
 Bay Minette. 
 Clayton. 
 Randolph . 
 Summit. 
 Union Springs 
 Greenville. 
 Jacksonville. 
 LaFayette . 
 Gaylesville. 
 Strasburg. 
 Butler. 
 Grove Hill. 
 
 W. S. Edwards . 
 
 E. B. Autry 
 
 E. J. Hardy 
 
 B. C. Hammond 
 J. T. Hardage. . . 
 Wm. Brunson. . . . 
 J. A. Callahan. . . 
 L. M. Edwards. . . 
 J. M. Anderson. . 
 
 J. W. Stewart 
 
 T. F. Davis 
 
 W. S. Neal 
 
 W.T. Gav 
 
 J. N. Collins 
 
 H. J. Williams... 
 
 Geneva W. J. Ward. . 
 
 Greene I John G. Apsey . 
 
 Hale I J. A. Ellerbe.'. 
 
 Enterprise. 
 
 Tuscumbia, 
 
 Bellville. 
 
 Gold Branch. 
 
 Rose Hill. 
 
 Luverne. 
 
 Cullman. [Mill 
 
 Crittenden's 
 
 Satford Stat'n. 
 
 Portersville. 
 
 Spigner. 
 
 Brewton. 
 
 Gadsden. 
 
 Fayette. 
 
 Russellville . 
 
 Watford. 
 
 Eutaw. 
 
 Greensboro. 
 
179 
 
 UST OF COUNTY AND CITY SUPERINTENDENTS— Continued. 
 
 County. 
 
 Superintendent. 
 
 POSTOFFICK . 
 
 Henry 
 
 Jackson . . . 
 Jefferson . . 
 Lamar .... 
 Lauderdale . 
 Lawrence . . 
 
 Lee 
 
 Limestone . 
 Lowndes . . 
 Macon .... 
 Madison . . . 
 
 Marengo . . . 
 
 Marion 
 
 Marshall . . . 
 
 Mobile 
 
 Monroe 
 
 Montgomery 
 Morgan . . . . 
 
 Perry 
 
 Pickens . . . . 
 
 Pike 
 
 Randolph . . . 
 
 Russell 
 
 Shelby 
 
 St. Clair.... 
 
 Sumter 
 
 Talladega . . . 
 Tallapoosa . . 
 Tuskaloosa . 
 
 Walker 
 
 Washington 
 
 Wilcox 
 
 Winston . . . . 
 
 T. J. Kennedy Abbeville. 
 
 W. S. Bridges Scottsboro. 
 
 I. W. McAdory Birmingham. 
 
 L. M. Wimberly Vernon. 
 
 A. D. Ray Florence. 
 
 0. H. Bynum Courtland. 
 
 John C . Meadors Opelika. 
 
 S . M . Clay Greenbrier. 
 
 W. T. Brightman. '. Hayneville. 
 
 A. B. Paine Tuskegee. 
 
 M. R. Murray Huntsville. 
 
 W. K. Thomas Rembert. 
 
 W. A. Dunn Hamilton. 
 
 W. W. Kidd Guntcrsville. 
 
 Jno. D. Yorby Mobile, 
 
 C. W. McClure Kempsville. 
 
 W. C. Holt Montgomery. 
 
 J. C. Tidwell 'Flint. 
 
 J. D. Cross Marion. 
 
 C. A. Chappelle jDillburgh. 
 
 Fletcher F. Cowart iTroy. 
 
 Geo. 0. Hill jNapoleon. 
 
 J. C. Williamson 'Uchee. 
 
 T. A. Huston Wilson villa. 
 
 N. B. Spradley lAshville. 
 
 R. B. Calloway Livingston. 
 
 J. B. Graham Talladegia. 
 
 W. R. Grimes Dadeville. 
 
 Mark Brooks.; Tuskaloosa. 
 
 Thomas J. Amis Jasper. 
 
 T. C. Bowling St. Stephen. 
 
 S. C. Jenkins Camden. 
 
 Albert L. Owens. 'Haley ville. 
 
180 
 
 LIST OF COUNTY AND CITY SUPERINTENDENTS COIltinued. 
 
 
 NAMES OF SUPERINTEND 'tS 
 
 
 DISTRICTS. 
 
 OR TREASURERS. 
 
 POSTOFFICE. 
 
 Wetumpka . . 
 
 Morris Hohenberg, Treas. 
 
 Wetumpka. 
 
 Alabama Citv 
 
 William Gardner, " 
 
 Gadsden. 
 
 Attalla 
 
 J.H.Wood, 
 
 Attalla. 
 
 Bessemer .... 
 
 W. R. Henderson, " 
 
 Bessemer. 
 
 Birmingham . 
 
 J. H. Phillips, Supt 
 
 Birmingham. 
 
 Bridgeport . . . 
 
 E. L. Lee, School Com'r. . 
 
 Bridgeport. 
 
 Calera 
 
 A. S. Briston, Treas 
 
 Calera. 
 
 County Line . . 
 
 L.M.Keller, '' 
 
 Cullman. 
 
 Cullman 
 
 H.C. Bounds, '' 
 
 Cullman. 
 
 Decatur 
 
 H. A. Skeggs, Supt 
 
 Decatur. 
 
 Duck Creek . . 
 
 I. C. Oaks, Treas 
 
 Cullman. 
 
 Eufaula 
 
 H. M.Weeden, Supt 
 
 Eufaula, 
 
 Faundsdale . . 
 
 W.C.Harris, " 
 
 Faundsdale. 
 
 Florence 
 
 W.C.Gilbert, " 
 
 Florence. 
 
 Gadsden 
 
 Joe Callaway, " 
 
 Gadsden. 
 
 Good Hope . . . 
 
 W. E. Grisnet, Treas 
 
 Cullman. 
 
 Greenville . . . 
 
 L. M. Lane, " . . . . 
 
 Greenville. 
 
 Huntsville . . . 
 
 S.J. Malien, Supt 
 
 Huntsville. 
 
 Jones Chapel. 
 
 F. W. Jones, Treas 
 
 Jones Chapel. 
 
 LaFayette . . . 
 
 E. M. Oliver, '' 
 
 LaFayette. 
 
 Montgomery . 
 
 C. L. Floyd, Supt 
 
 Montgomery 
 
 Opelika 
 
 Geo. E. Driver, Treas. . . . 
 
 Opelika. 
 
 Phoenix City. 
 
 W. L. Booth, " .... 
 
 Phoenix City. 
 
 Pleas'nt Grove 
 
 J. J. Fassett, " 
 
 Kirby Creek. 
 
 Prattville .... 
 
 J. W. Matthews, " 
 
 Prattville. 
 
 Selma *. . 
 
 L. E, Jefferies, Supt 
 
 Selma. 
 
 Sheffield 
 
 Thos. R. Roulhac, Supt. . 
 
 Sheffield. 
 
 Troy . 
 
 Josiah Jernigan, Treas. . . 
 
 Troy. 
 
 Tuskaloosa . . 
 
 W.E.Bingham, " ... 
 
 Tuskaloosa. 
 
 Tuscumbia . . 
 
 G. Lurderman, " 
 
 Tuscumbia. 
 
 Uniontown. . . 
 
 J. H. White, Supt 
 
 Uniontown. 
 
 Pratt City 
 
 M. M. Wood, Treas 
 
 Pratt City. 
 
 Russellville . . 
 
 H. C. Hicks, *' 
 
 Russellville. 
 
181 
 
 COMPARATIVE VIEW OP THE POPULATION OF THE SEVERAL 
 
 COUNTIES OF ALABAMA, ACCORDING TO THE CENSUS OF 
 
 1880 AND THE CENSUS OF 1890. 
 
 
 
 Popu lat'n 
 
 IPopulat'n 
 
 Increase 
 
 COUNTY. 
 
 COUNTY SEAT 
 
 
 i 
 
 
 
 1 
 
 in 1880. 
 
 m 1890. 
 
 iper cent. 
 
 Autauga , . . 
 
 Prattville . . . 
 
 13,108 
 
 13,330 
 
 1.69 
 
 Baldwin . . . 
 
 Daphne 
 
 . 8,603 
 
 8,941 
 
 3.93 
 
 Barbour . . . 
 
 Clayton 
 
 33,979 
 
 34,898 
 
 2.70 
 
 Bibb 
 
 Centre ville . . 
 
 9,487 
 
 13,824 
 
 45.72 
 
 Blonnt 
 
 Oneonta . . . . 
 
 15,369 
 
 21,927 
 
 42.67 
 
 Bullock 
 
 Union Spr'gs 
 
 29,066 
 
 27,063 
 
 6.89* 
 
 Butler 
 
 Greenville . . 
 
 19,649 
 
 21,641 
 
 10.14 
 
 Calhoun . . . 
 
 .Jacksonville . 
 
 19,591 
 
 33,835 
 
 72.71 
 
 Chambers . 
 
 LaFayette . . 
 
 23,440 
 
 26,319 
 
 12.28 
 
 Cherokee . . 
 
 Centre 
 
 19,108 
 
 20,459 
 
 7.07 
 
 Chilton 
 
 Clanton 
 
 10,793 
 
 14,549 
 
 34.80 
 
 Choctaw . . . 
 
 Butler 
 
 15,731 
 
 17,526 
 
 11.41 
 
 Clarke .... 
 
 Grove Hill.. 
 
 17,806 
 
 22,624 
 
 27.06 
 
 Clay 
 
 Ashland . . . . 
 
 12,938 
 
 15,765 
 
 21.85 
 
 Cleburne . . . 
 
 Edwards ville 
 
 10,976 
 
 13,218 
 
 20.43 
 
 Coffee 
 
 Elba 
 
 8,119 
 
 12,170 
 
 49.90 
 
 Colbert 
 
 Tuscumbia . 
 
 16,153 
 
 20,189 
 
 24.99 
 
 Conecuh . . . 
 
 Evergreen . . 
 
 12.605 
 
 14,594 
 
 15.78 
 
 Coosa 
 
 Rock ford . . . 
 
 15,113 
 
 15,906 
 
 5.25 
 
 Covington . 
 
 Andalusia . . 
 
 5,639 
 
 7,536 
 
 33.64 
 
 Crenshaw . 
 
 Rutledge. . . . 
 
 11,726 
 
 15,425 
 
 31.55 
 
 Cullman . . . 
 
 Cullman . . . . 
 
 6,355 
 
 13,439 
 
 111.47 
 
 Dale 
 
 Ozark 
 
 12,677 
 
 17,225 
 
 35.88 
 
 Dallas 
 
 Selma 
 
 48,433 
 
 49,350 
 
 1.89 
 
 DeKalb . . . 
 
 Fort Payne . . 
 
 12,675 
 
 21,106 
 
 66.52 
 
 Elmore .... 
 
 Wetumpka . 
 
 17,502 
 
 21,732 
 
 24.17 
 
 Escambia . . 
 
 Brewton . . . . 
 
 5,719 
 
 8,666 
 
 51.53 
 
 Etowah .... 
 
 Gadsden .... 
 
 15,398 
 
 21,926 
 
 42.40 
 
 Fayette .... 
 
 Fayette 
 
 10,135 
 
 12,823 
 
 26.52 
 
 Franklin . . . 
 
 Belgreen . . . 
 
 9,155 
 
 10,681 
 
 16.67 
 
 Geneva .... 
 
 Geneva . . . . . 
 orward 
 
 4,342 
 
 10,690 
 
 146.20 
 
 Carried f 
 
 471,390 
 
 579,277 
 
 
 ♦Decrease. 
 
182 
 
 ! 
 
 
 Populat 'n 
 
 Populat 'n 
 
 lucre ase 
 
 COUNTY. 
 
 COUNTY SEAT 
 
 
 
 
 
 
 in 1880. 
 
 in 1890. 
 
 per cent. 
 
 Brought forward 
 
 471,390 
 
 579,277 
 
 
 Greene .... 
 
 Eutaw 
 
 21,931 
 
 22,007 
 
 0.35 
 
 Hale 
 
 Greensboro . . 
 
 26,553 
 
 27,501 
 
 35.70 
 
 Heary .... 
 
 Abbeville . . . 
 
 18,761 
 
 24,847 
 
 32.44 
 
 Jackson. . . . 
 
 Scottsboro . . 
 
 25,114 
 
 28,026 
 
 11.60 
 
 Jefferson . . 
 
 Birmingham 
 
 23,272 
 
 88,501 
 
 280.29 
 
 Lamar .... 
 
 Vernon 
 
 12,142 
 
 14,187 
 
 16.84 
 
 Lauderdale . 
 
 Florence . . . . 
 
 21,035 
 
 23,739 
 
 12.85 
 
 Lawrence . . 
 
 Moulton . . . . 
 
 21,392 
 
 20,725 
 
 3.12* 
 
 Lee 
 
 Opelika . . . . 
 
 27,262 
 
 28,694 
 
 5.25 
 
 Limestone . 
 
 Athens 
 
 21,600 
 
 21,201 
 
 1.85* 
 
 Lowndes . . 
 
 Hayneville . 
 
 31,176 
 
 31,550 
 
 1.20 
 
 Macon .... 
 
 Tuskegee . . . 
 
 17,371 
 
 18,439 
 
 6.15 
 
 Madison . . . 
 
 Huntsville . . 
 
 37,625 
 
 38,119 
 
 1.31 
 
 Marengo . . 
 
 Linden 
 
 30,890 
 
 33,09.-) 
 
 7.14 
 
 Marion .... 
 
 Hamilton . . . 
 
 9,364 
 
 11,347 
 
 21.18 
 
 Marshall. . . 
 
 Guntersville . 
 
 14,585 
 
 18,935 
 
 29.83 
 
 Mobile 
 
 Mobile 
 
 48,653 
 
 51,587 
 
 6.03 
 
 Monroe .... 
 
 Monroeville . 
 
 17,091 
 
 18,990 
 
 11.11 
 
 Montgom'ry 
 
 Montgomery 
 
 52,356 
 
 56,172 
 
 7.29 
 
 Morgan . . . 
 
 Somerville . . 
 
 16,428 
 
 24,089 
 
 46.63 
 
 Perry 
 
 Marion .... 
 
 30,741 
 
 29,332 
 
 4.58* 
 
 Pickens . . . 
 
 Carrollton . . 
 
 21,479 
 
 22,470 
 
 4.61 
 
 Pike 
 
 Troy 
 
 20,640 
 
 24,423 
 
 18.33 
 
 Randolph . . 
 
 Wedowee . . . 
 
 16,575 
 
 17,219 
 
 3.89 
 
 Russell .... 
 
 Seale 
 
 24,837 
 
 24,093 
 
 3;oo* 
 
 St. Clair... 
 
 Ashville . . . 
 
 14,462 
 
 17,353 
 
 19.99 
 
 Shelby 
 
 Columbiana 
 
 17,236 
 
 20,886 
 
 21.18 
 
 Sumter .... 
 
 Livingston . . 
 
 28,728 
 
 29.574 
 
 2.94 
 
 Talladega . 
 
 Talladega . . 
 
 23,360 
 
 29,346 
 
 25.63 
 
 Tallapoosa . 
 
 Dadeville . . . 
 
 23,401 
 
 25,460 
 
 8.80 
 
 Tuscaloosa . 
 
 Tuscaloosa . . 
 
 24,957 
 
 30,352 
 
 21.62 
 
 Walker .... 
 
 Jasper 
 
 9,479 
 
 16,078 
 
 69.62 
 
 Washingt'n 
 
 St. Stephens 
 
 4,538 
 
 7,935 
 
 74.86 
 
 Wilcox .... 
 
 Camden . . . 
 
 31,828 
 
 30,816 
 
 3.18* 
 
 Winsron . . . 
 
 DoubleSpr'gs 
 he State. . . . 
 
 i 4,253 
 
 6,552 
 
 54.96 
 
 Total for t 
 
 1,262,505 
 
 1,513,017 
 
 19.84 
 
 *De 
 
 screase. 
 
 
 
 
183 
 
 Cities and Towns in Alabama having a Population of 
 over 1,000, according to the Census of 1890. 
 
 Names. 
 
 Counties in which located 
 
 Mobile Mobile 
 
 lUrmingliam Jefferson . . . 
 
 Montgomery Montgomery 
 
 Anniston Calhoun. . . . 
 
 Huntsville Madison . . . . 
 
 Selma Dallas 
 
 Florence 'Lauderdale . 
 
 Bessemer 'Jefferson . . . 
 
 Eufaula Barbour . . . 
 
 Tuscaloosa iTuscaloosa . 
 
 Opelika iLee 
 
 Phoenix City jLee 
 
 New Decatur iMorgan . . . . 
 
 Troy 'Pike 
 
 Gadsden Etowah , . . . 
 
 Greenville Butler . 
 
 Decatur Morgan 
 
 Sheffield Colbert. 
 
 Fort Payne DoKalb 
 
 Tuscumbia Colbert. 
 
 Talladega . . . . 
 Union Springs, 
 
 Marion 
 
 Pratt Mines . . , 
 Demopolis ... 
 
 Tuskegee 
 
 Evergreen . . . . 
 Greensboro . . . 
 
 Avondale 
 
 Woodlawn . . . , 
 
 Oxford 
 
 Auburn , 
 
 Tallassee 
 
 LaFayette . . . 
 
 Attalla 
 
 Jacksonville , 
 
 Talladega 
 Bullock . . 
 Perry .... 
 Jefferson . 
 Marengo . 
 Macon . . . 
 Conecuh . . 
 Hale .... 
 Jefferson . 
 Jefferson . 
 Calhoun. . 
 
 Lee 
 
 Elmore . . 
 Chambers 
 Etowah . . 
 Calhoun . . 
 
 Poj)ulation. 
 
 31,076 
 26,178 
 21,883 
 9,998 
 7,995 
 7,622 
 6,012 
 4,544 
 4,3^3 
 4,215 
 3,703 
 3,700 
 3,565 
 3,4^ 
 2,901 
 2,806 
 2,765 
 2,731 
 2,6^ 
 2,491 
 2,063 
 2,049 
 1,982 
 1,946 
 1,896 
 1,803 
 1,783 
 1,759 
 1,642 
 1,506 
 1,473 
 1,440 
 1,413 
 1,369 
 1,254 
 1,237 
 
184 
 
 Cities and Towns in Alabama having a Population of over 
 1,000, accorging to the Census of 1890 — Cont'd. 
 
 Names. 
 
 Ozark 
 
 Eutaw 
 
 Brewton .... 
 Cullman .... 
 Gainesville . 
 
 Counties in which located. 
 
 Dale 
 
 Greene 
 
 Escambia 
 
 Cullman 
 
 Sumter 
 
 Population . 
 
 1,195 
 1,125 
 1,115 
 1,017 
 1,017 
 
CIRCULAR LETTER. 
 
 State of Albama, 
 
 Office of Educational Department, 
 Montgomery, Ala., February 26th, 1895. 
 
 To County Superintendents and Teachers , Greeting : — I 
 adopt this method of answering many questions pro- 
 pounded to this Department during the past few months 
 relative to the making of pay rolls, and the duties of all 
 connected therewith , and the delay of funds, etc. 
 
 By reference to the public school laws of the State, page 
 32, under act passed by the General A.ssembly 1886-7, 
 approved February 28, 1887, and amended and approved 
 February 18, 1889, will be found the law governing the 
 making and forwarding pay rolls to this department and 
 the duties of this department pertaining thereto. While 
 the form of making the pay roll has to some extent been 
 ■changed, the law governing it is substantially the same. 
 At first the county superintendent was required to make 
 white and colored pay rolls on separate sheets, now they 
 are made all on the same sheets designating the races 
 by the letters W. and C, These initial letters should be 
 placed immediately after the teachers name just before 
 column headed sex. Formerly the law required the 
 teachers names to be placed on the pay roll in alphabeti- 
 cal order, but now it requires them to be placed in num- 
 erical order of the townships as they appear on the divi- 
 dend sheet — beginninj: with the lowest and runnintr to 
 the highest — leaving the separate school districts to the 
 last. County superintendents must therefore observe 
 this order in making their pay rolls, and when they have 
 
386 
 
 placed all teachers of both white and colored on the pay 
 roll; who have contracts on file showing that they are 
 teaching public schools as required — in the first town- 
 ship — they should leave at least two blank lines before 
 beginning the next township, and so on until all have 
 been placed on the pay roll — being careful to leave at 
 least two blank lines for footing at the bottom of each 
 sheet of the pay roll. When all the teachers of the 
 county have in this manner been placed on the pay roll 
 there should be set opposite their names in the columns 
 headed : — "Estimated Amount Due Teachers" — the ex- 
 act amount that will be due each of them according to 
 the terms of their contracts on file and approved — from 
 the beginning of the quarter to the close including the 
 last day of the quarter, or pay day. If from any cause 
 a teacher should fail to file his contract, for the first, 
 second, or third quarters, the whole amount can be esti- 
 mated and drawn the last quarter. When the county 
 superintendent is making his estimate for amounts due 
 teachers, he must say how much is general fund, and 
 how much is poll tax, and white or colored. When this 
 is properly done the county superintendent must foot up 
 each sheet of his pay roll separately, and bring the 
 amounts forward on the last sheet under the head of re^ 
 capitulation being careful to allow plenty of space after 
 this manner : — 
 
 RECAPITULATION. 
 
 Amount forward sheet No. 1 $ SOO 00 
 
 Amount forward sheet No. 2 $ 1000 00 
 
 Amount forward sheet No. 3 $ 1200 00 
 
 Amount forward sheet No. 4 $ 800 00 
 
 Total amount due teachers $ 3900 00 
 
 Co. Superintendent's Com. 4% added. .$ 150 00 
 
 Total amount due $ 4056 00 
 
187 
 
 for quarter ending March 3l9t, 1895, and to be sent to 
 John Smith, per express to Troy Ala. Just here it is 
 highly important that each time it is necessary that the 
 county superintendent give at the close of his pay roll 
 both his express office and post office address. In the 
 three offices through which the pay roll must pass — 
 Superintendent's, Auditor's and Treasurer's — frequently 
 new clerks are called upon to act, and all this gives 
 guarantee against mistakes and unnecessary delay in 
 forwarding the money. 
 
 Many teachers complain of having been left off of the 
 pay roll during the past and previous quarters,. and from 
 their own statements show the fault w^is purely their own. 
 By reference to the la\y it will be seen that on the 15th 
 days of Mirch, June, Septemb3r and Decomber of each 
 year the law req'iires the county superintendent to make 
 his pay roll in tlie manner set forth in the foregoing and 
 forward the same to the state superintendent. The law 
 further requires that this pay roll shall be made in dupli- 
 cate, and the original shall be forward to the state super- 
 intendent of education, and the duplicate retatned by 
 the connyc superintendent, and when properly signed 
 by teachers becomes his voucher for his office. 
 
 In making this pay roll the county superintendent has 
 no right to place any teacher's name on it unless he has 
 a contract on file and approved by him showing that the 
 teacher is actually engaged in teaching, and according 
 to the terms of that contract the superintendent must 
 estimate the amount that will be due the teacher to the 
 close of the quarter or pay day — provided no time be 
 lost to the time of payment. 
 
 When the county superintendent has thus carefuly 
 made his pay roll as prescribed by law, he mus^. append 
 thereto an affidavit before proper officer that the same 
 is correct amounts due teachers for the said quarter ac- 
 cording to contract on file. This means that the county 
 
188 
 
 superintendent has taken the contracts on file in his office 
 approved by himself — on the 15th of the month preceding 
 pay day and has carefully estimated as per the terms of 
 the contract the exact amount that will be due the teach- 
 ers, provided no time be lost, to the close of the quarter 
 or pay day. As the county superintendent is required 
 to make a sworn statement, you will readily see he can- 
 not afford to place any teacher^s name on the pay roll 
 who has not a contract on file and approved at the time 
 of making this pay roll. If the teacher has his contract 
 on file and approved by the. county superintendent as 
 required by law, then he would have a remedy against 
 the county superintendent in case the county superinten- 
 dent should neglect or fail to make proper estimates and 
 pay him as required and prescribed by law. New coun. 
 ty superintendents and teachers seem to charge all delays 
 of funds to this department. They seem not to know 
 or forget the fact that the pay roll passes through the 
 office of Superintendent of Education, Auditor, and 
 Treasurer, before it is returned to the county superin- 
 intendent with the money. If an error is detected by 
 either of these departments then the pay roll must be 
 returned to the county superintendent making it, for 
 correction, before the money can be forwarded. So 
 this is a frequent source of delay on part of county super- 
 intendents not receiving their money on time. 
 
 When the county superintendent has made his pay 
 roll and has forwarded same to this office, it becomes the 
 duty of this department to examine the same, and if 
 found correct as far as this office can determine it shall 
 be approved by the state superintendent either in person 
 or by proxy for a certain amount not to exceed the 
 artiount estimated on the payroll, and when so approved 
 filed with the auditor of the state. Here the duty of 
 the state superintendent, relative to the pay roll, ceases 
 until the pay roll is returned by the county superinten- 
 dent, properly receipted. 
 
189 
 
 When the Auditor receives the pay roll from the office 
 of State Superintendent, properly approved for a certain 
 amount including the 4.% commission due the county 
 superintendent it becomes his duty to immediately draw 
 a warrant on the state treasurer in favor of the county 
 superintendent sending the pay roll with 4 % thereon for 
 an amount equal to the amount estimated to be due and 
 approved for by the state superintendent, and shall file 
 said warrant, together with the pay roll upon which it is 
 based, with the state treasurer, whereupon it shall be 
 the duty of the state treasurer to forward by express or 
 exchange, at the expense of the State the amount of such 
 warrant and pay roll together with duplicate receipts 
 for said sum, including the express charges or exchange 
 premium if any. County superintendents will remem- 
 ber when sending in their pay rolls that this department 
 examines them immediately and if found correct ap- 
 proves them and turns over same to the Auditor, and 
 gives notice to the couaty superintendent accordingly ; 
 otherwise the pay roll is returned for correction. Then 
 it will be well to remember that any delay in receiving 
 your money promptly after the notice sent you from this 
 office that your pay roll has been approved and filed with 
 the Auditor, is in no way chargable to this office and all 
 inquiries relative to your pay roll will go unoticed so far 
 as this department is concerned after said notice^is 
 furnished. 
 
 The county superintendent of education must immedi- 
 ately upon receipt of said sum of money sent him as 
 called for on his quarterly pay roll, sign the duplicate 
 receipts sent him by the State Treasurer with the 
 money — and return one of these receipts to the State 
 Treasurer and the other to the State Auditor that they 
 may have proper vouchers required by law. All county 
 and city superintendents who fail to comply strictly witli 
 
190 
 
 this provision of the law can expect the enforcement of 
 section (11) page 33 of the school law. 
 
 Immediately upon the receipt by the county superin- 
 tendent of the amount of the quarterly or monthly pay 
 roll, he shall pay the teachers, taking their receipt there- 
 for on both copies of said pay rolls, and must, by the 15th 
 of the month following pay day, return the original ap- 
 proved copy of said receipted pay roll to the State Super- 
 intendent of Education. In the foregoing I have given 
 how the estimates are made and how they should be 
 designated — General Fund; Poll Tax, White, Colored. 
 These are the only figures, to be placed on the pay roll 
 until the teacher presents his quarterly report, sworn to 
 and containing the order thereon from the trustee, stating 
 exactly how many days he lias taught during the quarter. 
 If his contract was properly made and no time has been 
 lost by him and the county ^superintendt^nt 1ms not erred in 
 his estimat(3, then the estimated aujountdue by the county 
 superintendent, and the order from the trustee, should 
 agree. In this case, the county superintendent should 
 take his pen and carefully place the amounts estimated^due 
 the teacher in the columns headed amount paid teachers, 
 being careful not to ovi-rgo these amounts in any case, 
 and in no case to pay a teacher more than has been esti- 
 mated to be due. So much confusion already exists in 
 this office, brought from this source, that in the future if 
 county superintendents disregard the instructions herein 
 given they will not be allowed credit on the books of this 
 office for overpayments made in excess of their estimated 
 amounts due. They can pay any less amount of whatever 
 fund estimated, but in no case a greater amount from 
 any fund than that estimated on the pay roll. 
 
 Many county superintendents have orders from teach- 
 ers to forward their money by express or mail, and often 
 give authority to someone to sign the pay roll . When the 
 county superintendent is satisfied with this authority, 
 
191 
 
 the teacher's name must be written on the pay roll op- 
 posite the amounts estimated to be due him, and also 
 the amounts set opposite his name by the superinten- 
 dent on the same line, when the report is presented. No 
 effort should be made to sign the teacher's name by some 
 one else. There is no room on the pay-roll for two sig- 
 natures, and the attempt to sign in this manner often 
 renders both unintelligible. Many county superinten- 
 dents will return pay rolls to this office all properly si^ed 
 up by teachers but not a single figure passed over from 
 the columns under head "amounts due teachers," to the 
 columns under head "amounts paid teachers." In order 
 that the receipts be legal the figures must be in these 
 columns when the teacher signs, either by himself or by 
 proxy. 
 
 Again , many county superintendents will return pay 
 rolls with the figures passed over into columns under 
 head "amount paid teachers," and no teachers' names 
 signed ; and in footing up they include these amounts as 
 amounts paid teachers, still no names signed. Such 
 loose and negligent manner as this on part of county 
 superintendents keeps the entire clerical force of this 
 office on the inquiry throughout the entire year to know 
 what county superintendents claim as credits. Again, 
 some superintendents will even do worse than this. 
 Often when they have amounts left over from any quar- 
 ter they will pay it out to some teacher after the pay 
 roll is returned, and take a receipt on a separate piece 
 of paper and forward to this office expecting credit for 
 it. The law provides for no receipt except that taken 
 under oath on the pay roll under all the requirements 
 set forth in the foregoing, and this department, in the 
 future, will not recognize any receipt or payments made 
 teachers contrary to the instructions herein given. 
 
 If from any cause, not the fault of the county super- 
 intendent, the money is delayed, and does not reach him 
 
192 
 
 in time for the regular pay day, then, in that event, the 
 county supeintendent will be allowed his regular number 
 of days in which to pay teachers. County superintend- 
 ents should remember that the legal time for making 
 pay rolls is as follows : On 15th day of March, June, 
 September and December, of each year; and the first 
 Saturday of January, April, July and October, are the 
 legal pay days ; and on the 15th of the last named months 
 is the time for returning the pay rolls — January 15th ^ 
 April 15th, July 15th and October 15th. 
 
 The foregoing is the general law relative to counties 
 in which quarterly payments are required. In all those 
 counties in the State, or separate school districts, where- 
 in the teachers are required by law to be paid monthly, 
 the same is true of all connected therewith except that 
 the pay rolls must be made on the 20th of each month 
 instead of the 15th, as in case of the quarterly pay rolls. 
 
 There are four quarters in the year. The first quar- 
 ter begins Oct. Ist and ends Dec. 31st. The second 
 quarter begins January 1st and ends March 31st. The 
 third quarter begins April 1st and ends June 30th. The 
 fourth quarter begins July 1st and ends September 30th, 
 of each year. In making quarterly pay rolls they must 
 be made to conform to these dates. In case of monthly 
 paj^ rolls, they must always be made on the 20th of the 
 month and ending with the calendar for that month, 
 28th, 29th, 30th or 31st, as the case may be. In my first 
 circular to county superintendents, December 15th, 1894, 
 I made use of the following language : "As the chief 
 executive officer of the educational affairs of the State, I 
 shall know no man, but I shall with due courtesy strive 
 to discharge the duties of the office with impartiality, 
 and, as far as possible, according to law. I also stated 
 that a multiplicity of information has been asked for at 
 my hands that should be given by county superintend- 
 ents. I respectfully urged that county superintendents 
 
193 
 
 thoroughly acquaint themselves with their duties as set 
 forth in the Public School Laws, and also the duties of 
 township trustees and teachers, that they might be pre- 
 pared to give such information as properly belongs ta 
 their departments. I pledged myself to furnish all pro- 
 per information, when called for, to county superintend- 
 ents, but it would be wholly impracticable to furnish 
 such information separately by letter to the teachers and 
 trustees of the State." Owing to the meeting of the 
 General Assembly at the beginning of my term of office, 
 and the vast amount of unfinished business which ha& 
 unjustly been allowed to accumulate in this office, and 
 the very unsystematic manner of conducting the busi- 
 ness affairs found in this department, together with sick- 
 ness of both myself and family since my induction into 
 office, have prevented me thus far from giving much 
 information pertaining to the true status of our educa- 
 tional affairs. In the first place, the supply of laws has 
 been exhausted, none having been printed since 1891. 
 I thought it unwise to have more printed until the ad- 
 journment of the legislature. At the very earliest date 
 possible the laws will be codified to date, and a sufficient 
 number of copies printed to supply the demand. 
 • I have had hundreds of calls for copies of our school law, 
 but until the new edition can be printed it is useless for 
 teachers, trustees or superintendents to write for copies , 
 of the law. So very many irregularities exist in the pay 
 rolls and payment of teachers of last year, and the work 
 of auditing, so far behind, that it is now difficult to state 
 definitely when county superintendents can look for 
 balance from last year. Therefore I advise all county 
 superintendents who have not already received their 
 balances not to make estimates on their pay rolls looking 
 to these amounts. Many county superintendents have 
 kept their accounts in such unsystematic manner that 
 
 13 
 
194 
 
 now they do not understand what they have done them- 
 selves, much less explain to others, and write to this 
 office for copies of their pay rolls and a list of their 
 vouchers, etc. This department is not required to keep 
 the books of the county superintendents nor to furnish 
 duplicates of pay rolls. The law provided for this in 
 the beginning, and all county superintendents who failed 
 to heed the instructions given must take the conse- 
 quences. 
 
 It is the bounden duty of all those outgoing county 
 superintendents to fully adjust all matters pertaining to 
 their administrations before turning over to their suc- 
 cessors, and a failure to do this does not in any manner 
 release them from their obligation to the State, simply 
 because they have turned over matters to their suc- 
 cessors. 
 
 All county superintendents who are charged with over- 
 payments, as furnished by statements from this office, 
 would do well to make up this deficit at once and save 
 further trouble. 
 
 IJ'he townships of the State are as separate in their 
 rights of property as the individual citizens, and no 
 overpayment from one township can be made up by 
 taking the funds of another ; neither can contracts of 
 last year be paid out of the funds of this year. No school 
 can be legally taught a part in last year and a part in 
 this, but, if a contract had been given out and a school 
 taught last year, and there still rem^iins sufficient funds 
 of last year to the credit of the township to pay the con- 
 tr?ictj or any part of it, the same can be estimated and 
 drawn this year. 
 
 If county superintendents will take the law and care- 
 fully read the acts tpuching the making of the pay roll, 
 they will see that section (11) , on page 33 of the pay roll 
 la^v, fixes heavy penalties for a failure to comply strictly 
 with all its provisions. Hence, traking into considera. 
 
196 
 
 tion these facts, and feeling a deep interest in the well- 
 fare of all school officers, as to their protection and suc- 
 cess, I have carefully prepared this circular, which, if 
 carefully observed by those connected therewith, will 
 protect all concerned, and, so to speak, eliminate much 
 friction from the educational affairs of the State. There- 
 fore this circular has been issued, no* in a domineering 
 or dictatorial spirit, but purely in a spirit of kindness 
 for all concerned, and in the discharge of a sworn official 
 duty to the people of the State. 
 
 While I have had very much to say concerning the in- 
 efficient manner in which some county superintendents 
 have managed the affairs of their offices, I would not 
 make the impression for one moment that we have no 
 competent and efficient county superintendents and 
 school officers — far from it. 
 
 Many county superintendents make pay rolls that are 
 all that could be asked, and approach as near perfection 
 as human efforts can attain ; to this class this circular is 
 a waste of time and labor. To this class this circular 
 carries with it no rebuke, but rather compliments by 
 saying all its requirements have been met from the be- 
 ginning. Therefore, those who have had their pay rolls 
 frequently returned for correction will readily see to 
 whom this circular is addressed, and in the future must 
 make their pay rolls conform to the instructions herein 
 given before they will be allowed to pass this office. 
 
 Very truly, 
 
 John. 0. Turner. 
 State Supt. Ed. 
 
FDR/ftS FDR TEflDHEES PD OFFICERS. 
 
FDRMS. 
 
 [No. 1.] 
 
 CERTIFICATE OF APPOINTMENT OF TOWNSHIP 
 TRUSTEE OF PUBLIC SCHOOLS. 
 
 The State of Alabama ) 
 County. ) 
 
 189.. 
 
 2'y Greeting: 
 
 This certifies that you, tlie said was, on the day 
 
 of , appointed to the office of township 
 
 of public schools for township , range (or district. ■ • '^. •) 
 
 and are, by virtue tliereof, fully authorized and empowered to dfa- 
 char^e all the duties of said office,' and to exercise all the powers 
 thereto belonging, according to law. 
 
 Witness my hand, this day of A. D. 189. . 
 
 Co. Supt. Ed'n 
 
 [No. 2.] 
 
 NOTE GIVEN BY PURCHASER OF SCHOOL LANDS. 
 
 $ 
 
 year after date, we or either of us, promise to pay to the 
 
 State of Alabama, for the use of township , range , in 
 
 county, the sum of dollars, with interest from 
 
 date at eight per cent, per annum, for the purchase of 
 
 (specify legal subdivisions) of section sixteen of said 
 
 township. 
 
 Witness our hands and seals, this .... day of A. D. 18. . 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 Approved this 
 
 iay of 189. 
 
 Townghip Trustees Public Sehools. 
 
200 
 
 [No. 3.] 
 CERTIFICATE OF PURCHASE OF SCHOOL LANDS. 
 The State of Alabama, 
 
 County. 
 
 A. D. 189.. 
 
 The undersigned, Township Trustees of public schools in and for 
 township , range , in said county, hereby cer- 
 tify that on the A. D. 189. . , they proceeded to 
 
 sell at public outcry (all the preliminary requisites of the law in refer- 
 ence to such sale) having been complied with (Lot No , being 
 
 the the northeast quarter of northwest quarter of) section 
 
 sixteen, in said township, containing acres, and at said sale 
 
 being the highest bidder, became the pur- 
 chaser of said tract, and for the sum of dollars, for 
 
 which he gave his several notes, each for dollai'S 
 
 with interest from date of said sale, with 
 
 and as his sureties. 
 
 Township Trustees Public Schools. 
 
201 
 
 [No. 4.] 
 REPORT OF SALE OF SCHOOL LANDS. 
 
 To 
 
 Superintendent of Education for the State of Alabama. 
 
 The undersigned, Township Trustees of public schools in and for 
 
 township , range county, Alabama, 
 
 respectfully represent and report that on the day of 
 
 189. ., they proceeded to sell at public outcry (all the preliminary 
 requisites of the law in reference to such sale having been complied 
 
 with) Lot No. being their (the northeast quarter of 
 
 northwest quarter of, as the case may be) section sixteen, in said 
 
 township, containing acres ; that at said sale 
 
 being the highest bidder, became the pur- 
 chaser of said tract, at and for the sum of dollars 
 
 <said sum being at or above the minimum price fixed on said tract) 
 
 for which he gave his several notes, each for 
 
 dollars, with interest from date of sale at eight per cent, per annum, 
 
 with and 
 
 as his sureties. That said paid in cash the sum of 
 
 dollars. The undersigned retain the sum 
 
 of . . .• dollars from such cash payment to defray the ex- 
 penses of the survey and sale of said lands, and the balance, to-wit : 
 
 dollars, together with said notes above described, 
 
 is herewith enclosed. 
 
 All of which is respectfully submitted. 
 
 This day of 189. . 
 
 Township Trustees Public Schools. 
 
202 
 
 [No. 5.] 
 
 BOND TO BE GIVEN BY TOWNSHIP TRUSTEES AB0UT~TO 
 
 SELL OR LEASE SCHOOL LANDS. 
 
 The State op Alabama, ) 
 
 > Know all men by these presents. 
 County. ) 
 
 That we are held and firmly 
 
 bound unto the State of Alabama in the sum of dollars, 
 
 for the payment of which well and truly to be ma^e, we bind our- 
 selves and each of us, our and each of our heirs, executors and ad- 
 ministrators, jointly and severally, firmly by these presents. Sealed 
 
 with our seals, and dated this day of 
 
 A. D. 189.. 
 The condition of the above obligation is such that whereas, the 
 
 above bound were, on the day of 
 
 189.., appointed Township Trustees of public schools, in and for 
 
 township range. in said county ; and whereas, the said 
 
 as such township trustees of public 
 
 schools, are about to sell (or lease) school lands of said township. 
 
 Now if the said as such township trustees 
 
 of public schools, shall discharge their duty faithfully, so long as they 
 may continue in office, or continue to discharge any of such duties, 
 then this obligation to be void — otherwise to remain in full force. 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 Taken and approved this day of A. D. 189. . 
 
 Co. Sup't Education. 
 
203 
 
 [No. 6,] 
 LEASE OF SCHOOL LANDS. 
 TiiK State op Alabama, 
 
 County. 
 
 This agreement, made this day of A. D. 189. . 
 
 between and 
 
 township trustees of public schobls in and for township 
 
 range , in said county, and witnesseth, 
 
 that in consideration of dollars, to be paid by said 
 
 to the township trustees of public schools for 
 
 said township, on the day of A. D. 189. ., 
 
 and each year thereafter during the continuance of the lease, for 
 
 which the said has given his several promissory notes 
 
 payable as aforesaid, and bearing even date with this instrument, the 
 said township trustees have granted, demised, leased, and to farm let, 
 
 unto the said his representatives and assigns, section 
 
 sixteen (or southeast quarter of southwest quarter of section sixteen, 
 as the case may be), in said township, in said county and State; to 
 
 have and to hold unto the said his representatives and 
 
 assigns, for the term of (not exceeding five) years, from 
 
 the.... day of 189.. The said 
 
 agrees to deliver up the premises aforesaid with the appurtenances,- 
 on the last day of the term, or othre earlier, termination of the estate 
 hereby granted, to the said township trustees or their successors in 
 oflBce. In witness whereof, the said parties have hereunto set their 
 hands and seals the day and year above written. 
 Attest : 
 
 [Seal.] 
 
 * [Sbal.] 
 
 [Skal.] 
 
 [Sbal.] 
 
 Township Trustees. 
 
204 
 
 INo. 7.] 
 
 ENUMEKATION REPORT OF TOWNSHIP OF 
 
 PUBLIC SCHOOLS. 
 
 To 
 
 County Superintendent of Education of County. 
 
 The undersigned, township of township , range 
 
 in county, hereby certifies that he has made 
 
 a careful enumeration of the children between the ages of seven and 
 twenty-one years in said township, and finds the same to be as fol- 
 lows: 
 
 Whites : Males ; Females ; Total 
 
 Colored : Males ; Females ;....; Total 
 
 Sworn to and subscribed before me, 
 
 this day of 189. 
 
 Township 
 
 [Note. — To be made , (in duplicate) during the month of August, 
 1891, and every two years thereafter, one copy to be forwarded to the 
 County Superintendent of Education by the first day of September 
 following, the other carefully preserved by the township trustees. 
 
205 
 
 [No. 8.] 
 
 Grade. 
 
 TEACHER'S LICENSE. 
 The State of Alabama, ) Granted and issued day of 
 
 County. J 189.. 
 
 This certifies that has been duly 
 
 examined according to law by the Examining Board of said county ,^ 
 and upon said examination attained the grade set opposite each sub- 
 ject upon which examined, as follows, to-wit: 
 
 Names of Branches of Examination. 
 
 Grade in Each. 
 
 Orthography 
 
 Reading 
 
 Penmanship 
 
 Arithmetic 
 
 Geography 
 
 History 
 
 English Grammar. 
 
 Algebra 
 
 Physiology and Hygiene 
 
 Natural Philosophy 
 
 Geometry 
 
 Theory and Practice of Teaching 
 
 Total average grade. 
 
 And the said having answered in 
 
 writing correctly per cent, of the written questions pro- 
 pounded, and being found to be of good moral character, a 
 
 Grade license authorizing the holder to teach in the public schools 
 
 of said county for year from date of issuance, subject' to 
 
 cancellation as provided by law, is hereby granted and issuedj by 
 order of the Board, this the day of 189. . 
 
 President. 
 
 Secretary. 
 
206 
 [No. 9.] 
 
 SCHOOL CONTRACT— (in duplicate). 
 
 The State of Alabama, ) 
 
 County. ) 
 
 This agreement, made this day of A. D. 189. . between 
 
 teacher and 
 
 township of public schools in and for township 
 
 range (or other school district), in said county — Witnesseth : 
 
 that the said agrees to teach a public school 
 
 for the race in said township, for the 
 
 term of scholastic months, beginning on the day of 
 
 A. D. 189. . The said 
 
 further engages to exert the utmost of his ability in conducting said 
 school and improving the education and morals of the pupils ; to keep 
 
 such register and make such reports to the township 
 
 and county superintendent of education as may be required of him, 
 and in all respects to conform to the requirements of law.. In con- 
 sideration of these services properly rendered, the said township 
 of public schools, agreeing that the county super- 
 intendent of education of said county shall pay the said 
 
 dollars per month from the school fund apportioned to said district 
 for the scholastic year ending September 30, 189. . The payments to 
 be made quarterly as prescribed by law ; Provided, however. That 
 there shall be in said schools a daily attendance of not less than ten 
 nor more than fifty pupils within the educational age. 
 
 Approved this 
 
 day of 189.. 
 
 Teacher. 
 ToAvnship Public Schools. 
 
 County Sup't Education. 
 
207 
 [No. 10.] 
 
 CONTRACT FOR TRANSFERRED PUPILS. 
 
 The State of Alabama, 
 
 CorsTY. 
 
 This agreement, made this day of A. D. 189. . 
 
 between teacher and 
 
 Township Trustees of Public Schools in and for township 
 
 range (or other school district) in said county — 
 
 Witnesseth : That whereas, the said has 
 
 agreed to teach a grade public school for the 
 
 race in township range 
 
 for the term of scholastic months, beginning 
 
 on the day of 189. . The said 
 
 having further agi-eed to exert the 
 
 utmost of his ability in conducting said school, and improving the 
 education and morals of the pupils ; to keep such register and make 
 such reports to the township trustees and county superintendent of 
 education as may be required of him ; and in all respects to conform 
 to the requirements of law. In consideration of these services prop- 
 erly rendered, the said township trustees of public schools of said 
 
 township range. . . , agrees that the county superintendent 
 
 of education of said county shall pay the said 
 
 for transfers dollars per month from the school 
 
 fund apportioned to said race in said township or district, for the 
 scholastic year ending September 30th, 189.., the payments to be 
 made quarterly as prescribed by law ; Provided, hovjever. that there 
 ^hall be in said school a daily attendance of not less than ten nor 
 more than fifty pupils within the educational age. 
 
 Teacher. 
 
 Township 
 
 Approved day of 189. . 
 
 County Sup't of Education, 
 
[No. 11. J 
 Teacher's Register (White or Colored) Public School No . . . ,[T . . . , R . 
 
 BRANCHES. 
 
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 Grammar . . . . 
 
 
 
 
 
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 institutes held 
 
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 Salary pro rated per capita 
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 the township. 
 
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 at close of present year. . 
 
 Balance due the township at 
 close of previous year. . . 
 
 Range . 
 
 Township. 
 
 Am't paid by Co. Sup't of Education to 
 teaclier from township opposite his name. 
 
 Monthly pay of teachers. 
 
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 Second Grade. 
 
 First Grade. 
 
 U. S. History 
 
 Grammar 
 
 Arithmetic 
 
 Physiology and Hygiene. 
 
 Geography . 
 
 Writing. 
 
 Reading. 
 
 Pupils in Orthography. 
 
 Daily Average. 
 
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 No. attending 10 days or less. 
 
 No. pupils enrol led. . 
 
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[No. 15.] - 
 CoTTNTT Superintendent's Ledger Account with the School Fund of 
 
 ins County. 
 
 A. B , County Superintendent of Education of County. 
 
 DR. CR. 
 
 18.... 18.... • 
 
 Dec 
 
 To amt. on war- 
 rants : 
 1st quarter. 
 2nd 
 3rd 
 4th 
 
 Jan. 
 
 By receipts on pay 
 roll: 
 
 1st quarter. 
 Byam't to Teachers 
 Commissions 
 
 Salary 
 
 2nd quarter. 
 By am't to Teachers 
 Commissions. 
 
 Salary 
 
 3d quarter. 
 By am't to Teachers 
 Commissions. . 
 
 Salary . . 
 
 4th quarter. 
 By am't to Teachers 
 Commissions.. 
 Salary 
 
 By balance in hand . 
 
 [212] 
 
s 
 
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 [214] 
 
INDEX. 
 
 8K0. PAGB. 
 
 Attorney-General — opinions of 156 et seq. 
 
 Agricultural and Mechanical College. — Const. 
 
 Art. XIII, §§ 9, 10 4 
 
 Anniston, local school laws 136 et seq. 
 
 Appeal to Supt. from action of township trustee. . 971 23 
 
 A ()propriation for public schools 943 8 
 
 Apportionment of school funds j ,q-.q ® ^^^ .-, 
 
 Auditor, duty of as to pay roll 1012 37 
 
 Agricultural Experiment Stations — 
 
 Canebrake 139 
 
 Abbeville and Athens 140 
 
 Evergreen 142 
 
 Albertville. 145 
 
 Five additional 146 
 
 Appendix — Constitution of Alabama — 
 
 Birmingham local school laws. 94 et seq. 
 
 Board, Educational — how constituted. 989 30 
 
 Board, meetings 990 30 
 
 Boai"d, examination of applicants .... 991 30 
 
 Board, must keep register of licenses. 992 81 
 
216 
 C 
 
 SEC. PAGE. 
 
 Circular by Supt. Turner 173 
 
 Canebrake Agr. Exp. Station , 139 
 
 Constitution, sections relative to public schools. . 3 
 
 Commissioners audit accounts of county Supts. . 962 18 
 County Superintendents — 
 
 List of 178-9 
 
 How appointed 954 14 
 
 Term of office 955 14 
 
 Oath of office and bond. 956-7-8 15 
 
 Compensation 959 15 
 
 Duties 960 16-17-18 
 
 Reports of 961-2-3 18and 1 
 
 Vacancies, how filled 964 19 
 
 Duty of, as to pay rolls 1012 37-8-9 
 
 Certificates of teachers, now long valid 985 28 
 
 Criminal provisions of Code relating to schoolfunds 164 
 
 Congressional Institutes 12 
 
 Constitution of Alabama. Appendij 
 
 D 
 
 SEO. PAGE. 
 
 Decatur, local school laws 117 
 
 Districts, school 999 32 
 
 District superintendents, list of. ... ' 180 
 
 Dogs, registration of 944 7 
 
 Examination of teachers 984 27 
 
 Enumeration of children 979 25 
 
 Eufaula, local school law 107 et sec 
 
 Evergreen Ag. Exp. Station 142 
 
 Embezzlement by County Superintendents 164 
 
 Educational Boards 98s* 30 
 
 et seq. 
 
 Florence Normal School 
 
 Florence local school laws . . . . 
 Forms for Touchers and Officers . 
 
217 
 G 
 
 8E0. PAGE. 
 
 Gadsden local school laws 130 et seq. 
 
 H 
 
 Huntsville Normal School (col.) 84 et seq. 
 
 Iluntsville local school laws 105 et seq. 
 
 Hygiene taught 28-9 
 
 I 
 
 Institutes, Teachers 995 et seq. 31-2 
 
 Institutes, Congressional 12 
 
 Industrial School for White Girls 58-9 et seq. 
 
 J 
 
 Jacksonville Normal School 68 et seq. 
 
 Lands, bonds required when sold or leased 980 25 
 
 Income from Reported 981 26 
 
 Opinions bearing on 156 
 
 Location of Schools 973 24 
 
 Licenses, Register of, kept 992 31 
 
 Cancellation of 993 31 
 
 Livingston Normal School 71 et seq 
 
 List of County Superintendents 178-9 
 
 District Superintendents 180 
 
 I 
 
 M 
 
 Mobile, Public Schools — 
 
 Const. Provisions, Art. XIII 6 
 
 local laws 90 et seq 
 
 Montgomery Normal, colored 80 et seq 
 
 ii local school laws 99 et seq 
 
218 
 N 
 
 SEC. PAGE. 
 
 71 
 75 
 
 SO 
 84 
 
 Normal Schools — 
 
 Industrial School for white girls. 
 
 Florence 
 
 Jacksonville 
 
 Livingston 
 
 Troy 
 
 Montgomery , colored 
 
 Huntsville, colored 
 
 Tuskegee , 
 
 o 
 
 Opelika, local school law. . •; 
 
 Overpayments to Teachers — 
 
 Opinion on 
 
 Officers, forms for 
 
 P 
 
 Public Schools — 
 
 appropriations 943 6 
 
 pupils entitled to instruction in 1000 33 
 
 see also .968 22 
 
 scholastic periods 1001 33 
 
 examinations and certificates 1002 33 
 
 Parents and guardians, meet with trustees, pro- 
 ceedings 968 21 
 
 Pay rolls 1012 37 
 
 circular concerning, by Supt. Turner. 185 
 
 Poll tax. 1010 39 
 
 how collected and disposed of 1011 39 
 
 opinion on by attorney general 156 
 
 Physiology taught 28-^> 
 
 Punishment, right to inflict on pupil 166 
 
 Population, comparative statement by counties. . 181-2 
 
 cities and towns, over 1,000 183-4 
 
 R 
 
 Register of daily attendance kept 978 25 
 
 986 29 
 
 of licenses to teachers kept 992 31 
 
 Races, separate schools for 1003 33 
 
219 
 S 
 
 BEC. PAOB. 
 
 Selma local school laws 101 et seq. 
 
 Sixteenth Section Fund, Const., Art. XIII. 4 
 
 circular concerning, by Supt. Turner. 173 
 
 Separate schools for two races 1003 33 
 
 Superintendent of Education — 
 
 how appointed 4 
 
 term of oflHce and salary 946 8 
 
 clerks and their salaries 949 9 
 
 duties enumerated 950 9 et seq. 
 
 report to be printed and distributed. . 952 13 
 
 vacancies, how filled 953 14 
 
 duty of as to pay roll 1012 38 
 
 School Funds — 
 
 how apportioned and disbursed 1004 34 et seq. 
 
 local school money, how apportioned. 1016 41 et seq. 
 
 circular concerning, by Supt. Turner. 185 et seq. 
 
 School Lands — 
 
 what are 1023 43 
 
 lease of 1025 44 et seq. 
 
 sale of 1033 45 et seq. 
 
 Separate School Districts — 
 
 when created 150 et seq. 
 
 Supreme Court, opinion on punishment of pupil. . 165 et seq. 
 
 Teachers — 
 
 certificate of qualification 983 27 
 
 examination of 984 27 
 
 employment of 974-6 24 
 
 how paid 988 29 
 
 removal of 977 25 
 
 must keep record of daily attendance. 978, 986 25, 29 
 forms for 199 et seq. 
 
 Township trustees- 
 how appointed 966 20 
 
 duties of 967 et seq 20-26 
 
 must enumerate children 979 25 
 
 opinion concerning, by Att'y General. 162 
 
 Teachers Institutes — 
 
 how organized 995 31 
 
 officers and members 996 31 
 
 meetings of 997 32 
 
 purposes 998 32 
 
220 
 
 SEC. PAGE. 
 
 Townships, incorporation of 1024 43 
 
 Troy Normal Scliool 75 et seq. 
 
 Troy local school laws 113 et seq. 
 
 Tuskegee Normal School (colored) 86 et seq. 
 
 Tuskaloosa local school laws 109 et seq. 
 
 Tuscumbia local school laws 125 et seq. 
 
 Timber sales, opinion on 156 et seq. 
 
 Turner, Supt., circular by. 173 
 
 Turner, Supt. , circular by 135 
 
 V 
 
 Visiting schools 976 25 
 
CONSTITUTION 
 
 OF THE 
 
 STATE OF ALABAMA, 
 
CONSTITUTION 
 
 STATE DF ALABAMA. 
 
 PREAMBLE. 
 
 We, the people of the State of Alabama, in order to establish jus- 
 tice, insure domestic tranquility, provide for the common defense, 
 promote the general welfare and secure to ourselves and to our pos- 
 terity, life, liberty, and property, profoundly grateful to Almighty 
 God for this inestimable right and invoking His favor and guidance, 
 do ordain and establish the following Constitution and form of gov- 
 ernment for the State of Alabama : 
 
 ARTICLE I. 
 
 DECLARATION OP RIGHTS. 
 
 That the great, general and essential principles of liberty and frite 
 government may be recognized and established, we declare 
 
 1. 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. 
 
 2. That all persons resident in this State, born in the United States, 
 or naturalized, or who shall have legally declared their intention to 
 become citizens of the United States, are hereby declared citizens of 
 the State of Alabama, possessing equal civil and political rights. 
 
 3. That all political power is inherent in the people, and all free 
 governments are founded on their authority, and instituted for tlueir 
 benefit ; and that, therefore, they have at all times an inalienable and. 
 indefeasible right to change their form of government, in such man- 
 ner as they may deem expedient. 
 
 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 the 
 building or repairing any place of worship, or for maintaining any 
 minister or ministry ; that no religious test shall be required asm. 
 bualification to any office or public trust, under this State ; and that 
 
the civil rights, privileges and capacities of any citizens shall not be 
 in any manner afifected by his religious principles. 
 
 5. That any citizen may speak, write and publish his sentiments on 
 all subjects, being responsible for the abuse of that liberty. 
 
 6. That the people shall be secure in their persons, homes, papers, 
 and possessions, from unreasonable seizures or searches, and that no 
 warrant shall issue to search any place, or t® seize any person or thing 
 without probable cause, supported by oath or affirmation, 
 
 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 confronted by 
 the witnesses against iiim ; to have compulsory process for obtaining 
 witnesses in his favor ; and in all prosecutions by indictment a speedy 
 public trial, by an impartial jury of the county or district in which 
 the offense was committed ; and that he shall not be compelled to give 
 evidence against himself, nor be deprived of life, liberty or property, 
 biit by due process of law. 
 
 , 8. That no person shall be accused, or arrested, or detained, except 
 in cases ascertained by law, and accoi'ding 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 ofifense, and legally 
 applied, 
 
 9. That no person shall, for any indictable offense, be proceeded 
 against criminally, by information ; except in cases arising in the 
 militia and volunteer forces when in actual service, or, by leave of 
 thecourt, for misfeasance, misdemeanor, extortion and oppression in 
 office, otherwise than is provided in this Constitution ; Provided, That 
 in case 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 prosecu- 
 tions and proceedings before justices of the peace, or such other infe- 
 ribr courts as may be by law established. 
 
 10. Tliat no person shall, for the same offense, be twice put in jeop- 
 ardy of life or limb, 
 
 11. That no person shall be barred from prosecuting or defending, 
 before any tribunal in this State, by himself or counsel, any civil 
 Cause to which he is a party. 
 
 12. That the right of trial by jury shall remain inviolate, 
 
 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. 
 
 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 sh§.ll be odniint 
 istered without sale, denial, or delay. 
 
 15. That the State of Alabama shall never be made a defendant in 
 any court of law or equity. 
 
 16. That excessive fines shall not be imposed, nor cruel or unusual 
 punishments inflicted. 
 
 17. That all persons shall, before conviction, be bailable by sure- 
 ties, except for capital offenses, when the proof is evident, or the pre- 
 sumption great ; and that excessive bail shall not, in any case, be re- 
 quired. 
 
 18. That the privilege of the writ of habeas corpus shall not be sus- 
 pended by the authorities of this State. 
 
 19. That treason against the State shall consist only in levying war 
 against it, or adhering to its eneniies, giving them aid and comfor^;; 
 and that no person shall be convicted of treason, except on the te^- 
 mony of two witnesses to the same overt act, or his confession in opjen 
 court. 
 
 20. That no person shall be attainted of treason by the Greneral 
 Assembly ; and that no conviction shall work corruption of blood or 
 forfeiture of estate. 
 
 21. That no person shall be imprisoned for debt. 
 
 22. That no power of suspending laws shall be exercised, except 
 by the General Assembly 
 
 23. That no ex past facto Inw, or any law, impairing^the obligation 
 of contracts, or making any irrevocable grants of special privileges, or 
 immunities, shall be passed by the General Assembly. 
 
 24. That the exerc;i>-e of the right of eminent domain shall nevQT 
 be abridged nor so c:}n3trtic'1 as to prevent the General Assembly 
 from taking the property nud franchises of incorporated companies, 
 and subjecting them to public use the same as individuals. But pri-r 
 vate propertj slmll 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 the use of corporations, other than munici- 
 pal, without the consent of the owner; Pr(^i«i»'rf, 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 cor- 
 porations of fJie 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 subscriptions for the benefit of railroads or any otlier kind of 
 corporations, other than municipal, or for the benefit of any individaal 
 or association. 
 
 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 wlmrfage shall be de- 
 manded or received from the owner of any nierrhHndise or commodity 
 
6 
 
 for the use of the shores, or any wharf erected in the shores, or in or 
 over the waters of any navigable stream, unless the same be expressly 
 authorized by law. 
 
 26. That the citizens have a right, in a peaceable manner, to assem- 
 ble together for the common good, and to apply to those invested 
 with the power of government for redress of grievances, or other pur- 
 poses by petition, address or remonstrance. 
 
 27. That every citizen has a right to bear arms in defense of him- 
 self and State. 
 
 28. That no standing army shall be kept up without the consent of 
 the Greneral Assembly, and in that case no appropriation for its sup- 
 port 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. 
 
 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 
 majuuer to be prescribed by law. 
 
 30. That no title of nobility or hereditary distinction, privilege, 
 honov or emolument shall ever be granted or conferred in this State ; 
 and that no offlce shall be created the appointment to which shall be 
 for. a longer time than during good behavior. 
 
 31. That immigration shall be encouraged ; emigration shall not 
 be prohibited, and that no citizen shall be exiled. 
 
 32. That temporary absence from the State shall not cause a for- 
 feiture of residence once obtained. 
 
 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. 
 
 34. The right of suffrage shall be pi'otected by laws regulating elec- 
 tions, and prohibiting, under adequate penalties, all undue influences 
 from power, bribery, tumult, or other improper conduct. 
 
 35. The people of this State accept as final the established fact^ 
 that from the Federal Union there can be no secession of any State. 
 
 36. Foreigners who are or may hereafter become bona fide residents 
 of this State shall enjoy the same rights in respect to the possession, 
 enjoyment and inheritance of property as native born citizens. 
 
 37. Tliat the sole object and only legitimate end of government is 
 to protect the citizen in the enjoyment of life, liberty and property, 
 and when the government assumes other functions, it is usurpation 
 and oppression. 
 
 38. No educational or property qualification for suffrage or offlce, 
 nor >»ny restraint upon the same on account of race, color, or previous 
 condition of servitude, shall be made by law. 
 
 39. That this enumeration of certain rights shall not impair or 
 deny others retained by the people. 
 
ARTICLE II. 
 
 8TATB AKD COUNTY B0UVDAEIB8. 
 
 1. The boundaries of this State are established and declared to be 
 as follows ; that is to say: Beginning at the point where the thirty- 
 first degree of north latitude crosses the Perdido River, thence east 
 to the western boundary line of the State of Georgia ; thence along 
 said line to the southern boundary Ijne of the State of Tennessee ; 
 crossing the Tennessee River, and on to the second intersection of 
 said river by said line ; thence up said river to the mouth of Big Bear 
 creek ; thence by a direct line to the northwest corner of Washington 
 county, in this State, as originally formed ; thence southerly along 
 the line of the State of Mississippi to the Gulf of Mexico ; thence east- 
 wardly, including ail islands within six leagues of the shore, to the 
 Perdido River ; thence up the said river to the beginning. 
 
 2. The boundaries of the several counties of this State, as hereto- 
 fore established by law, are hereby ratified and confirmed. The Gen- 
 eral Assembly may, by a vote of two-thirds of both houses thereof, 
 arrange and designate boundaries for the several counties of this 
 State, which boundaries shall not be altered, except by alike vote; 
 but no new counties shall be hereafter formed of less extent than six 
 hundred square miles, and no existing county shall be reduced to less 
 extent than six hundred square miles ; and no new county shall be 
 formed which does not contain a sufficient number of inhabitants to 
 entitle it to one representative, under the ratio of representation ex- 
 isting at the time of its formation, and leave the county or counties 
 from which it is taken with the required number of inhabitants en- 
 titling such county or counties to separate representation. 
 
 ARTICLE in. 
 
 DISTRIBUTION OF POWERS OF OOVKRNMKNT. 
 
 1. The powers of the government of the State of Alabama shall be 
 divided into three distinct departments, each of which shall be con- 
 fided to a separate body of magistracy, to-wit : Those which are leg- 
 islative to one ; those which are executive to another ; and those which 
 are judicial to another, 
 
 2. No person, or collection of persons, being of one of those depart- 
 ments, shall exercise any power properly belonging to either of the 
 others, except in the instances hereinafter expressly directed or per- 
 mitted. 
 
 ARTICLE IV. 
 
 LEGI8LATIVB DEPARTMHXT. 
 
 1. The legislative power of this State shall be vested in a General 
 Assembly, which shall consist of a Senate and House of Representa- 
 tives. 
 
78 
 
 2. The style of the laws of this State shall be : "Be it enacted by 
 the General Assembly of Alabama." Each law shall contain but one 
 subject, which shall be clearly expressed in its title, except general 
 appropriation bills, general revenue bills, and bills adopting a code, 
 digest or revision of statutes ; and no law shall be revived, amended, 
 or the provisions thereof extended or conferred, by reference to its 
 title only ; but so much thereof as is revised, amended, extended or 
 conferred, shall be re-enacted and published at length. 
 
 3. Senators and Representatives shall be elected by the qualified 
 electors on the first Monday in August, eighteen hundred and seven- 
 ty-six, and one half of the Senators and all of the Representatives 
 shall be elected every two years thereafter, unless the General As"' 
 sembly shall change the time of holding elections. The terms of the 
 office of the Senators shall be four year, and that of the Representa- 
 tives two years, commencing on the day after the general election, 
 except as otherwise provided in this Constitution. 
 
 4. Senators shall be at least twenty-seven years of age, and Rep- 
 resentatives twenty-one years of age ; they shall have been citizens 
 and inhabitants of this State for three years, and inhabitants of their 
 respective counties or districts one year next before their election, if 
 such county or district shall have been so long established, but if not, 
 then of the county or district from which the same shall have been 
 taken ; and they shall reside in their respective counties or districts 
 during their terms of service. 
 
 5. The General Assembly shall meet biennially, at the capitol, in 
 the Senate Chamber and in the Hall of the House of Representatives, 
 (except in cases of destruction of the capitol, or epidemics, when the 
 Governor may convene them at such place in the State as he may 
 deem best), on the day specified in this Constitution, or on such other 
 day as may be prescribed by law, and shall not remain in session 
 longer than sixty days at the first session held under this Constitution, 
 nor longer than fifty days at any subsequent session. 
 
 6. The pay of the members of the General Assembly shall be four 
 dollars per day, and ten cents per mile in going to and returning from 
 the seat of government, to be computed by the. nearest usual route 
 travelled. 
 
 7. The General Assembly shall consist of no^ more than tl^irty- 
 three Senators, and not more than one hundred members of the- 
 House of Representatives, to be apportioned among the several dis- 
 tricts and counties as prescribed in this Constitution. 
 
 8. The Senate, at the beginning of eacli regular session, and at 
 such other times as may be necessary, shall elect one of its members 
 President thereof, and the House of Representatives, at the begin- 
 ning of each regular session, shall elect one of its members 
 as Speaker, and the President of the Senate and the Speaker of the 
 House of Representatives shall hold their offices, respectively, until 
 their successors are elected and qualified. Each House shall choose- 
 
9 
 
 its own officers, and shall judge of the election returns and qualifica- 
 tions of its members. 
 
 9. At the general election, in the year eighteen hundi*ed and sev- 
 enty-six, Senators shall be elected in the even-numbered districts, to 
 serve for tvro years, and in the odd-numbered districts to serve for 
 four years, so that hereafter one-half of the Senators may be chosen 
 biennially. Members of the House of Representatives shall be elect- 
 ed at the general election every second year. The time of service of 
 Senators and Representatives shall begin on the day after the elec- 
 tion, except the terms of those elected in the year eighteen hundred 
 and seventy-six, which shall not begin until the terms of the present 
 
 _ members shall have expired. AVhenever a vacancy shall occur in 
 either Hou.'se, the Governor for the time being shall issue a writ of 
 election to fill such vacancy for the remainder of the term. 
 
 10. A majortiy of each House shall constitute a quorum to do busi- 
 ness, but a smaller number may adjourn, from day to day, and may 
 compel the attendance of absent members, in such manner and under 
 such penalties as each House may provide. 
 
 11. Each House shall have power to determine the rules of its pro- 
 ceedings, and to punish its members, or other persons, for contempt 
 or disorderly behaviour in its presence, to enforce obedience to its 
 process, to protect its members against violence, or offers of bribes 
 or corrupt solicitation, and witli the concurrense of two-thirds of 
 either House to expel a member, but not a second time for the same 
 cause, and shall have all the powers necessary for the Legislature of 
 a free State. 
 
 12. A member of either House expelled for corruption shall not 
 thereafter be eligible to either House, and punishment for contempt 
 or disorderly behaviour sliall not bar an indictment for the same 
 oflfense. 
 
 13. Each House shall keep a journal of its proceedings, and cause 
 the same to be published immediately after its adjournment, except- 
 ing such parts as, in its judgment, may require secrecy ; and the yeas 
 and nays of the members of either House on any question shall, at 
 the desire of one-tenth of the members present, be entered on the 
 journals. Any member of either House shall have liberty to dissent 
 from or protest against anj' act or resolution which he may think 
 injurious to the public or an individual, and have the reasons for his 
 dissent entered in the journals. 
 
 14. Members of the General Assembly shall, in all cases except 
 treason, felony, violation of their oath of office and breach of the 
 peace, be p-'ivilf^gpcl fr')m arrest dirriri;: their attendnnce at the ses- 
 sions 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. 
 
 15. The doors of each House shall be open, except on such occa- 
 sions as, in the opinion of the house, may require secrecy. 
 
10 
 
 16. Neither House shall, without the consent of the other, adjourn 
 for more than three days, nor to any other place than that in which 
 they may be sitting. 
 
 17. No Senator or RepreseYitative shall, during the term for which 
 he shall have been elected, be appointed to any civil oiRco of profit 
 under this State, which shall have been created, or the emoluments 
 of which shall have been increased during such term, except such 
 oJBHces as may be filled by election by the people. 
 
 18. No person hereafter convicted of embezzlement of the public 
 money, bribery, perjury, or other infamous crime, shall be eligible 
 to the General Assembly, or capable of holding any ofiice of trust or 
 profit in this State. 
 
 19. No law shall be passed except by bill, and no bill shall be so 
 altered or amended on its passage through either house as to change 
 its original purpose. 
 
 20. No bill shall become a law until it shall have been referred to 
 a comniittee of each house and returned therefrom. 
 
 21. Every bill shall be read on three different days in each house, 
 and no bill shall become a law unless on its final passage it be read at 
 length, and the vote betaken by ayes and nays, the names of the 
 members voting for and against the same be entered on the journals, 
 and a majority of each house be recorded thereon as voting in its 
 favor, except as otherwise provided in this Constitution. 
 
 22. No amendments tobills by one house shall be concurred in by 
 the other, except by a vote of the majority thereof, taken by yeas and 
 nays, and the names of those voting for and against recorded upon 
 the journals ; and reports of committees of conference shall in like 
 manner be adopted in each house. 
 
 23. No special or local law shall be enacted for the benefit of indi- 
 viduals or corporations in cases which are or can be provided for by a 
 general law, or where the relief sought can be given by any court of 
 this State ; nor shall the operation of any general law be suspended 
 by the General Assembly for the benefit of any individual, corpora- 
 tion or association. 
 
 24. No local or special law shall be passed on a subject which can 
 not be provided for by a general law, unless notice of the intention to 
 apply therefor shall have been published in the locality where the 
 matter or things to be affected may be situated, which notice shall be 
 at least twenty days prior to the introduction into the General Assem- 
 bly of such bill, and the evidence of such notice having been given, 
 shall be exhibited to the General Assembly, before such bill shall be 
 passed ; Provided, that the provisions of this Constitution, as to special 
 or local laws, shall not apply to public or educational institutions of 
 or in this State, nor to industrial, mining, immigration or manufac- 
 turing corporations or interests, or corporations for constructing 
 canals, or improving navigable rivers or harbors of this State. 
 
11 
 
 25. The Greneral Assembly shall pass general laws, under which 
 local and private interests shall be provided for and protected. 
 
 26. The General Assembly shall have no power to authorize lot- 
 teries or gift enterprises for any purpose, and shall pass laws to pro- 
 hibit 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. 
 
 27. 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 en- 
 tered on the journal. 
 
 28. The General Assembly shall prescribe by law the number, du- 
 ties and compensation of the officers and employees of each House ; 
 and no payment shall bo made from the State Treasury, or be in any 
 way authorized to any person, except to an acting officer or employe, 
 elected or appointed in pursuance of law. 
 
 29. No bill shall be passed giving any extra compensation to any 
 public officer, servant or employe, agent or contractor, after the ser- 
 vices shall have been rendered, or contract made ; nor shall any offi- 
 cer of the State bind the State to the payment of any sum of money 
 but by authority of law. 
 
 30. All stationery, printing, paper and fuel used in the legislative 
 and other departments of government, shall be furnished, and the 
 printing, binding and distribution of laws, journals, department re- 
 ports, and all other printing and binding, and repairing and furnish- 
 ing the halls and rooms used for the meetings of the General Assem- 
 bly and its committees,, shall be performed under contract, to be 
 given to the lowest responsible bidder below a maximum price, and 
 under such regulations as shall be prescribed by law ; no member or 
 officer of any department of the government shall be in any way inter- 
 ested in such contracts, and all such contracts shall be subject to the 
 approval of the Governor, State Auditor and State Treasurer. 
 
 31. All bills for raising revenue shall originate in the House of 
 Representatives ; but the Senate may propose amendments, as in 
 other bills. 
 
 32. The General Appropriation Bill shall embrace nothing but ap- 
 propriations for the ordinary expenses of the Executive, Legislative 
 and Judicial departments of the State, interest on the public debt, 
 and for the public schools ; all other appropriations shall be made by 
 separate bills, each embracing but one subject. 
 
 33. No money shall be paid out of the Treasury except upon appro- 
 priations made by law, and on warrant drawn by the proper officer in 
 pursuance thereof; and a regular statement and account of receipts 
 
12 
 
 and expenditures of all public moneys shall be published annually, in 
 such manner as may be by law directed. 
 
 34. ^o appropriation shall be made to any charitable or educa- 
 tional institution not under the absolute control of the State, other 
 than Normal schools, estabUshed by law for the professional training 
 of teachers for the public schools of the State, except by a vote of two- 
 thirds of all the members elected to each House. 
 
 35. No act of the General Assembly shall authorize the investment 
 of any trust fund by executors, administrators, guardians, and other 
 trustees, in the bonds or stock of any private corporation ; and any 
 such acts now existing are avoided, saving investments heretofore 
 made. 
 
 38. The power to change the venue, in civil and criminal causes, is 
 vested in the courts, to be exercised in such manner as shall be pro- 
 vided by law. 
 
 37. When the General Assembly shall be convened in special ses- 
 sion, there shall be no legislation upon subjects other than those 
 designated in the proclamation of the Governor calling such sessions. 
 
 38. No State oflBce shall be continued or created for the inspection 
 or measuring of any mei'chandise, manufacture or commodity ; but 
 any county or municipality may appoint such officers wlien authorized 
 by law. 
 
 39. No act of the General Assembly changing the seat of govern- 
 ment of the State shall become a law until the same shall have been 
 submitted to the qualified electors of the State at a general election, 
 and approved by a majority of such electors of the State at a general 
 election, and approved by a majority of such electors voting on the 
 same, and such act shall specify the proposed new location. 
 
 40. A member of tlie General Assembly who shall coi-ruptly solicit, 
 demand or receive, or consent to receive, directly or indirectly, for 
 himself or for another, from any company, corporation or person, any 
 money, office, appointment, employment, reward, thing'of value or 
 enjoyment, or of personal advantage or promise thereof, for his vote 
 or official influence, or for withholding the same, or with an under- 
 standing, expressed or implied, that his vote or official action shall 
 be in any way influenced thereby, or who shall solicit or demand any 
 such money or other advantages, matter or thing aforesaid for an- 
 other, as the consideration of liis vote or official influence, or for 
 withholding the same, or shall give or withhold his vote or influence 
 in consideration of the payment or promise of such money, advantage, 
 matter or thing to another, shall be guilty of bribery within the 
 meaning of this Constitution, and shall incur the disabilities provided 
 for such offense, and such additional punishment as is or shall be pro- 
 vided by law. 
 
 41. Any member who shall, directly or indirectly, offer, give or 
 promise any money or thing of value, testimonial, privilege or per- 
 sonal advantage to any executive or judicial officer, or member of the 
 
13 
 
 General Assembly, to influence him in the performance of any of his 
 publi^^i or ofiicial duties, shall be guilty of bribery and t»e punished in 
 such manner as shall be provided by law. 
 
 42. The offense of corrupt solicitation of members of the General 
 Assembly, or of public officers of this State, or of any municijjal di- 
 vision thereof, and any occupation or prfectice of solicitation of such 
 member, or officers, to influence their official action, shall be defined 
 by law, and shall be punishable by fine and imprisonment. 
 
 43. A member of the General Assembly, who has a personal or 
 private interest in any measure or bill, proposed or pending before 
 the General Assembly, shall disclose the fact to the House of which 
 he is a member, and shall not vote thereon. 
 
 44. In all elections by the General Assembly the members shall 
 vote viva voce, and the votes shall be entered on the journals. 
 
 45. It shall be the duty of the General Assembly to pass such laws 
 as may be necessary and proper to decide differences by arbitrators, 
 to be appointed by the parties who may choose that mode of adjust- 
 ment. ' 
 
 46. It shall be the duty of the General Assembly, at its first session 
 after the ratification of this Constitution, and within every subse- 
 quent period of ten years, to make provision by law for the revision, 
 digesting and promulgating of the public statutes of the State of a 
 general nature, both civil and criminal. 
 
 47. The General Assembly shall pass such penal laws as they may 
 deem expedient to suppress the evil practice of duelling. 
 
 48. It shall be the duty of the General Assembly to regulate by 
 law the cases in which deductions shall be made from the salaries of 
 public officers, for neglect of duty in their official capacities, and the 
 amount of such deductions. 
 
 49. It shall be the duty of the General Assembly to reciuire the 
 several counties of this State to make adequate provision for the main- 
 tenance of the poor. 
 
 50. The General Assembly shall not have power to authorize any 
 municipal corporation to pass any laws inconsistent with the general 
 laws of this State. 
 
 51. In the event of annexation of any foreign territory to this State, 
 the General Assembly shall enact laws extending to the inhabitants 
 of the acquired territory all the rights and privileges which may be 
 required by the terms of the acquisition, anything in this Constitution 
 to the contrary notwithstanding. 
 
 52. The General Assembly shall not tax the property, real or per- 
 sonal, of the State, counties and other municipal corporations, or 
 cemeteries ; nor lots in incorporated cities or towns, or within one 
 mile of any city or town, to the extent of one acre, nor lots one mile 
 or more distant from such cities or towns, to the extent of five acres, 
 with the building thereon, when the same are used exclusively for 
 religious worship, for schools, or for purposes purely charitable ; nor 
 
14 
 
 such property, real or personal, to an extent not exceeding twenty- 
 five thousand dollars in value, as may be used exclusively for agri- 
 cultural or horticultural associations of a public character. 
 
 53. The General Assembly shall by law prescribe such rules and 
 regulations as may be necessary to ascei'tain the value of personal 
 and real property exempted from sale under legal process by this 
 Constitution, and to secure the same to the claimant thereof selected. 
 
 54. The State shall not engage in works of internal improvement, 
 nor lend money or its credit in aid of such ; nor shall the State be 
 interested in any private or corporate enterprise, or lend money, or 
 its credit to any individual, association or corporation. 
 
 55. The General Assembly shall have no power to authorize any 
 county, city, town, or other subdivision of this State, to lend its 
 credit, or to grant public money or thing of value in aid of, or to any 
 individual, association or corporation whatever, or to become a stock- 
 holder in any such corporation, association or company, by issuing 
 bonds or otherwise. 
 
 56. There can be no law of this State impairing the obligation of 
 contracts by destroying or impairing the remedy for their enforce- 
 ment ; and the General Assembly shall have no power to revive any 
 right or remedy which may have become barred by lapse of time or 
 by any statute of this State. 
 
 ARTICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 1. The Executive Department sht^l consist of a Governor, Secre- 
 tary of State, State Treasurer, State Auditor, Attorney General, and 
 Superintendent of Education, and a Sheriff for each county. 
 
 2. The supreme executive power of this State shall be vested in a 
 Chief Magistrate, who shall be styled "The Governor of the State of 
 Alabama." 
 
 3. The Governor, Secretary of State, State Treasurer, State Audi- 
 tor and Attorney General shall be elected by the qualified electors of 
 this State, at the same time and places appointed for the election of 
 members of the General Assembly.* 
 
 4. The returns of every election for Governor, Secretary of State, 
 State Auditor, State Treasurer, and Attorney General shall be sealed 
 up and transmitted by the returning officers to the seat of govern- 
 ment, directed to the Speaker of the House of Representatives, who 
 shall, during the first week of the session to which said returns shall 
 be made, open and publish them in the presence of both houses of 
 the General Assembly in joint convention. The persons having the 
 highest number of votes for either of said ofiices shall be declared 
 duly elected ; but, if two or more shall have an equal and the highest 
 number of votes for the same ofiice, the General Assembly, by joint 
 vote, without delay, shall choose one of said persons for said ofiice. 
 
15 
 
 Contested elections for Grovernor, Secretary of State, State Auditor, 
 State Treasurer and Attorney General shall be determined by both 
 houses of the General Assembly, in' such manner as may be prescribed 
 by law. 
 
 5. The Governor, Secretary of State, State Treasurer, State Audi- 
 tor and Attorney General shall hold their respective offices for the 
 term of two years from the time of their installation in office, and 
 until their successors shall be elected and qualified. 
 
 6. 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. 
 
 7. The Governor, Secretary of State, State Treasurer, State Audi- 
 tor and Attorney General shall reside at the seat of government of 
 this State during the time they continue in office, except in cases of 
 epidemics ; and they shall receive compensation for their services, 
 which shall be fixed by law, and which shall not be increased or di- 
 minished during the term for which they shall have been elected. 
 
 8. The Governor shall take care that the laws be faithfully exe- 
 cuted. 
 
 9. The Governor may require information in writing under oath, 
 from the officers of the Executive Department on any subject relating 
 to the duties of their respective offices ; and may at any time require 
 information in writing, under oath, from all officers and managers of 
 State institutions, upon any subject relating to the condition, man- 
 agement and expenses of their respective offices and institutions ; and 
 any such officer or manager who makes a false report shall be guilty 
 of perjury and punished accoixiingly. 
 
 10. The Governor may, by proclamation, on extraordinary occa- 
 sions, convene the General Assembly at the seat of government, or at 
 a different place if, since their last adjournment, that shall have be- 
 come dangerous from an enemy, or from infectious or contagious dis- 
 eases ; and he shall state specifically in such proclamation each mat- 
 ter concerning which the action of that body is deemed necessary. 
 
 11. The Governor shall, from time to time, give to the General 
 Assembly information of the state of the government, and recom- 
 meijd to their consideration such measures as he may deem expe- 
 dient ; and at the commencement of each session of the General As- 
 sembly, and at the close of his term of office, give information, by 
 written message, of the condition of the State ; and he shall account 
 to the General Assembly, as may be prescribed by law, for all moneys 
 received and paid out by him from any funds subject to his order, 
 with the vouchers therefor ; and he shall, at tlie commencement of 
 each regular session, present to the General Assembly estimates of 
 the amount of money required to be raised by taxation for all pur- 
 poses. 
 
 12. The Governor shall have power to remit fines and forfeitures, 
 
16 
 
 under such rules and regulations as may be prescribed by law, and 
 after conviction, to grant reprieves, commutation of sentence, and 
 pardons (except in cases of treason and impeachment) ; but pardons 
 in cases of murder, arson, burglary, rape, assault with attempt to- 
 commit rape, perjury, forgery, bribery, and larceny, shall not relieve 
 from civil and political disability unless specifically expressed in the 
 pardon. Upon conviction of treason, the Governor may suspend the 
 execution of the sentence, and report the same to General Assembly 
 at the next regular session, when the General Assembly shall either 
 pardon, commute the sentence, direct its execution, or grant further 
 reprieve. He shall communicate to the General Assembly at every 
 regular session each case of reprieve) commutation or pardon granted, 
 with his reasons therefor ; stating the name and crime of the convict, 
 the sentence, its date and the date of reprieve, commutation or pardon. 
 
 13. Every bill which shall have passed both houses of the General 
 Assembly shall be presented to the Governor ; if he approve, he shall 
 sign it, but if not, he shall return it with his objections to that house 
 in which it shall have originated, who shall enter the objections at 
 large upon the journals, and the house to which such bill shall be re- 
 turned shall proceed to reconsider it; if, after such reconsideration, 
 a majority of the whole number elected to that house shall vote for 
 the passage of such bill, it shall be sent, with the objections, to the 
 other house, by which it shall likewise be reconsidered ; if approved 
 by a majority of the whole number elected to that house, it shall be- 
 come a law ; but, in such cases, the votes of both houses shall be de- 
 termined by yeas and nays, and the names of the members voting for 
 or against the bill shall be entered upon the journals of each house 
 respectively. If any bill shall not be returned by the Governor within 
 five days, Sundays excepted, after it shall have been presented to 
 him, the same shall be a law in like manner as if he had signed it, 
 unless the General Assembly by their adjournment, prevent its return, 
 in which case it shall not be a law. And every order, vote or resolu- 
 tion to which the concurrence of both houses may be necessary (ex- 
 cept questions of adjournment and of bringing on elections for the 
 two houses, and of amending this Constitution) shall be presented to 
 the Governor and before the same shall take effect be approved by 
 him, or being disapproved, shall be repassed by both houses, accoi-d- 
 ing to the rules and limitations prescribed in the case of a bill. 
 
 14. The Governor shall have power to disapprove of any item or 
 items of any bill making appropriations of money, embracing distinct 
 items, and the part, or parts, of the bill approved, shall be the law, 
 and the item or items of appropriation disapproved shall be void, un- 
 less repassed according to the rules and limitations prescribed for the 
 passage of other bills over the Executive veto ; and he shall, in writ- 
 ing, state specifically the item or items he disapproves. 
 
 15. In case of the impeachment of the Governor, his removal from 
 
17 
 
 office, death, refusal to qualify, resignation, absence from the State, 
 or other disability, the President of the Senate shall exercise all the 
 power and authority appertaining to the office of Governor, until the 
 time apijointed for the election of Governor shall arrive, or until the 
 Governor who is absent, or impeached, shall return or be acquitted, 
 or other disability be removed ; and if, during such vacancy in the 
 office of Governor, the President of the Senate, shall be impeached^ 
 removed from office, refuse to qualify, die, resign, be absent from the 
 State, or be under any other disability, the Speaker of the House of 
 Eepresentatives shall, in like manner, administer the government. 
 If the Governor shall be absent from the State over twenty days, the 
 Secretary of State shall notify the President of the Senate, who shall 
 enter upon the duties of Governor ; and if the Governor and President 
 of the Senate shall both be absent from the State over twenty days, 
 the Secretary of State shall notify the Speaker of the House of Rep- 
 resentatives, and in such case he shall enter upon and discharge the 
 duties of Governor, until the return of the Governor or President of 
 the Senate. 
 
 16. The President of the Senate and Speaker of the House of Rep- 
 resentatives shall, during the time they respectively administer the 
 government, receive the same compensation whicli the Governor 
 would have received if he had been employed in the duties of his 
 office ; Provided, That if the General Assembly shall be in session 
 during such absence, they, or either of them, shall receive no com- 
 pensation as members of the General Assembly while acting as Gov- 
 ernor. 
 
 17. No person shall, at one and the same time, hold the office of 
 Governor of this State and any other office, civil or military, either 
 under this State, the United States, or any other state or government, 
 except as otherwise provided in this Constitution. 
 
 18. The Governor shall be commander-in-chief of the militia and 
 volunteer forces of this State, except when they shall be called into 
 the service of the United States, and he may call out the same to exe- 
 cute the laws, suppress insurrection, and repel invasion, but he need 
 not command in person, unless directed to do so by a resolution of 
 the General Assembly ; and when Acting in the service of the United 
 States, he shall appoint his stafif, and the General Assembly shall fix 
 his rank. 
 
 19. No person shall be eligible to the office of Secretary of State, 
 State Treasurer, State Auditor, or Attorney General, unless he shall 
 have been a citizen of the United States at least seven years, and 
 shall have resided in this state at least five years next preceding his 
 election, and shall be at least twenty-five years old when elected. 
 
 20. There shall be a great seal of the State, which shall be used 
 officially by the Governor; and the seal now in use shall continue to 
 be used until another shall have been adopted by the General Assem- 
 
18 
 
 bly. The said seal shall be called the "Great Seal of the State of 
 Alabama." 
 
 21. The Secretary of State shall be the custodian of the seal of the 
 State, and shall authenticate therewith all official acts of the Gov- 
 ernor, his approval of laws and resolutions excepted. He shall keep 
 a register of the official acts of the Governor, and when necessary 
 shall attest them, and lay copies of the same together with copies of 
 all papers relative thereto, before either House of the General Assem- 
 bly, whenever required to do so, and shall perform such other duties 
 as may be prescribed by law. 
 
 22. All grants and commissions shall be issued in the name, and 
 by tho. autliority of the State of Alabama, sealed with the great seal, 
 and signed by the Governor, and countersigned by the Secretary of 
 State. 
 
 23. Should the office of Secretary of State, State Treasui'er, State 
 Auditor, Attorney General, or Superintendent of Education, become 
 vacant for any of the causes specified in section fifteen of this article, 
 the Governor shall fill the vacancy, until the disability is removed, 
 or a successor elected and qualified. 
 
 24. The State Treasurer, State Auditor and Attorney General shall 
 perform such duties as may be prescribed by law. The State Treas- 
 urer and State Auditor shall, every year, at a time the General As- 
 sembly may fix, make a full and complete report to the Governor, 
 showing all receipts and disbursements of revenue, of every charac- 
 ter, all claims audited and paid by the State, by items, and all taxes 
 and revenue collected and paid into the treasury and from what 
 sources; and they shall make reports oftener in any matter pertain- 
 ing to their office, if required by the Govei'nor, or the General As- 
 sembly. 
 
 25. The State Auditor, State Treasurer and Secretary of State 
 shall not, after the expiration of the terms of those now in office, re- 
 ceive to their use any fees, costs, perquisites of office, or compensa- 
 tion, other than their salaries as prescribed by law ; and all fees that 
 may be payable by law, for any service performed by either of such 
 officers, shall be paid in advance into the State Treasurer. 
 
 26. A Sheriff shall be elected in each county, by the qualified elec- 
 tors thereof, who shall hold his office for the term of four years, un- 
 less sooner removed, and shall be ineligible to such office as his own 
 successor; Provided, That Sheriffs elected on the first ^Monday in 
 August, eighteen hundred and seventy-seven, or at such other time 
 as may be prescribed by law for the election in that year, shall liuld 
 their offices for the term of three years, and until their successors 
 shall be elected and qualified. In the year 1880, at the general elec- 
 tion for members to the General Assembly, Sheriffs shall be elected 
 for four years, as herein provided. Vacancies in the office of Sheriff 
 shall be filled by the Governor, as in other cases ; and the person ap- 
 
19 
 
 pointed shall continue in the ofHee until the next general election in 
 the county for Sheriff, as provided by law. 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 1. Tlie judicial power of the State shall be vested in the Senate, 
 sitting as a Court of Impeachment, a Supreme Court, Circuit Courts, 
 Chancery Court, Courts of Probate, such Inferior Courts of law and 
 equity, to consist of not more than five members, as the General 
 Assembly may from time to time establish, and such persons as may 
 be by law invested with powers of a judicial nature. 
 
 2. Except in cases otherwise directed in tlie Constitution, the Su- 
 preme Court shall have appellate jurisdiction only, which shall be 
 co-extensive with the State, under such restrictions and regulations 
 not repugnant to this Constitution, as may be from time to time pre- 
 scribed by law. Provided, That said Court shall have power to issue 
 rights of injunction, habeas corpus, quo warranto, and such other reme- 
 dial and original wi-its as may be necessary to give it a general super- 
 intendence and control of superior jurisdiction. 
 
 3. The Supreme Court shall be held at the seat of government, 
 but if that shall liave become dangerous from any cause it may ad- 
 jonrn to a different place. 
 
 4. The State shall be divided by the General Assembly into con- 
 venient ciixjuits, not to exceed eight in number unless increased by a 
 vote of two-thirds of the members of each House of the General As- 
 sembly, and no circuit shall contain less than three nor more than 
 twelve counties ; and for each circuit there shall be chosen a Judge, 
 who shall, for one year next preceding his election and during his 
 continuance in office, reside in the circuit for which he is elected. 
 
 5. The Circuit Court shall have original jurisdiction in all matters, 
 civil and criminal, within the State, not otherwise excepted in the 
 Constitution ; but in civil cases only where th.? matter or sum in con- 
 troversy exceeds fifty dollars. 
 
 6. A Circuit Court shall be held in each county in the State at 
 least twice in every year, and the Judges of the several circuits may 
 hold courts for each other, when they deem it expedient, and shall 
 do so when directed by law ; Provided, that the Judges of the several 
 Circuit Courts shall have power to issue writs of injunction return- 
 able into Courts of Chancery. 
 
 7. The General Assembly shall have power to establish a Court or 
 Courts of Chancery, with original and appellate jurisdiction. The 
 State shall be divided by the General Assembly into convenient chan- 
 cery divisions, not exceeding three in number, unless an increase 
 shall be made by a vote of two-thirds of each House of the General 
 Assembly taken by yeas and nays and entered uptm the journals ; and 
 the division shall be divided into districts, and for each division there 
 shall be a Chancellor, who shall, at the time of his election or ap- 
 
20 
 
 pointment, and during his continnance in oiRce, reside in the division 
 for which he shall have been elected or appointed. 
 
 8. A Chancery Court shall be held in each district, at a place to be 
 fixed by law, at least once in each year, and tlie Chancellors may hold 
 courts for each other when they deem it necessai-y. 
 
 9. The General Assembly shall have power to establish in each 
 county within the State a Court of Probate, with general jurisdiction 
 for the granting of letters testamentary and of administration, and 
 for orphan's business. 
 
 10. The Judges of the Supreme Court, Circuit Courts and Chan- 
 cellors shall, at stated times, receive for their services a compensa- 
 tion, which shall not be diminished during their official terms, but 
 they shall receive no fees or perquisites, nor hold any office (except 
 judicial offices) of profit or trust under this State or the United States, 
 or any other power, during the term for which they have been elected. 
 
 11. The Supreme Court shall consist of one Chief-Justice and such 
 number of Associate Justices as may be prescribed by law. 
 
 12. The Chief- Justice and Associate Justices of the Supreme Court, 
 Judges of the Circuit Courts, Probate Courts and Chancellors shall 
 be elected by the qualified electors of the State, circuits, 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 Court shall have been citizens of the 
 United States and of this State five years next preceding their elec- 
 tion or appointment, and shall not be less than twenty-five years of 
 age, and learned in the law. 
 
 15. The Chief Justices 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 ap- 
 pointed and qualified ; and the right of such Judges and Chancellors 
 to hold their office for the full time hereby prescribed sh^ll 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 jurisdictions, 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, Chan- 
 
21 
 
 eery or City Court in this State, the presiding Judge or Chancellor 
 shall, for any legal cause, be incompetent to try, hear or i-ender judg- 
 ment in such cause, the parties or tlieir attorneys of record, if it be a 
 civil case, or the solicitor or other pi-osecuting officer, and the defend- 
 ant or defendants, if it be a criminal case, may agree upon some dis- 
 interested person, practicing in the court and learned in the law, to 
 act as special Judge or Chancellor, to sit as a court to hear, decidejand 
 render judgment in the same manner and to the same efTect 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 a 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 spe- 
 cial 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 orJChancellor, who shall pre- 
 side, 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 com- 
 pensation 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 unexpired 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 
 
22 
 
 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 Con- 
 stable. Such justices shall have jurisdiction in all civil cases wherein 
 the amount in controversy does not exceed one hundred dollars, ex- 
 cept in cases of libel, slander, assault and battery, and ejectment. 
 
 In all cases tried before such justices, the right of appeal, without 
 prepayment of costs, shall be secured bylaw ; Provided, That the Grov- 
 ernor may appoint one Notary Public for each election precinct in 
 counties, and one for each ward in cities of over five thousand inhabi- 
 tants, who, in addition to the powers of Notary? shall have and exer- 
 cise 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 Jvistices and Notaries Public shall be pre- 
 scribed 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 h?s 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." 
 
 ARTICLE YII. 
 
 IMPEACHMENTS. 
 
 1. The Governor, Secretary of State, Auditor, Treasurer, Attor- 
 ney-General, Superintendentof Education and Judges of the Supreme 
 Court may be removed from office for willful neglect of duty, corrup- 
 tion in office, habitual drunkenness, incompetency, or any offense in- 
 volving 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 pre- 
 ferred 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. 
 
23 
 
 3. The Sheriffs, Clerks of tlie Circuit, City or Criminal Courts, 
 Tax Collectors, Tax Assessors, County Treasurers, Coroners, Justices 
 of the Peace, Notaries Public, Constables and allotlier county ofiicera, 
 Mayors and Tntendants of ineorpornted cities and towns in tliis State, 
 may be removed from office for any of the canses specified in section 
 one of this article, by the Circuit, City or Criminal Court of the 
 county in which sucli officers hold tlieir office, under such regulations 
 as may be prescribed by law ; Provided, That the riglit of trial by jury 
 and appeal in such cases be secui*ed. 
 
 4. The penalties in cases arising under the three preceding sections 
 shall not extend beyond removal from oifice, and disqualification 
 from holding office under the authority of this State, for the term for 
 which lie was elected or appointed ; but the accused shall be liable to 
 indictment and piinislnnent as prescribed by law. 
 
 ARTICLE VITI. 
 
 SIFFHAGK AND KLKCTIOXS. 
 
 1 Every male citizen of the United States, and every male person 
 of foreign birth who may have legally declared his intention to be- 
 come a citizen of the United States before he offers to vote, who is 
 twenty-one yeai-s old, or upwards, possessing the following qualifica- 
 tions, shall be an elector and shall be entitled to vote at any election 
 by the people, except as hereinafter provided : First, lie shall have 
 resided in the State at least one year immediately preceding the elec- 
 tion at which he ofrei*s to vote. Second. He shall have resided in 
 the county for thi'ee months, and in the precinct or ward for- thirty 
 days immediately preceding the election at which he offers to vote; 
 Proridrd, That theGener.Tl A ^-embly may prescribe a longer or shorter 
 residence in any precinct in tuiy county, or in any wai*d in any incor- 
 porated 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 ])ermitted to register, vote or 
 hold office: First. Those who siia 11 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. Elect<irs shall in all cases, except treason, felony, or breach of 
 the peace, be privileged from arrest during their attendance at elec- 
 tions, 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 As- 
 
24 
 
 sembly 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 elec- 
 tion 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 intoxi- 
 cating liqiiors at all elections. 
 
 7. Returns of elections for all civil officers who are to be commis- 
 sioned 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 Secretary of State. 
 
 ARTICLE IX. 
 
 REPRESENTATION. 
 
 1. The whole number of Senators shall be not less than one-fourth 
 . nor 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 As- 
 sembly 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 for the year eighteen hundred 
 and eighty ; w^hich apportionment, when made, shall be subject to 
 alteration until the first session of the General Assembly after the 
 next decennial census of the United States shall have been taken. 
 
 3. It shall be the duty of the General Assembly, at its first session 
 after the taking of the decennial census of the United States in the 
 year eighteen hundred and eighty, and after each subsequent decen- 
 nial census, to fix by law the number of Representatives and appor- 
 tion them among the several counties of the State ; Provided, That 
 each county shall be entitled to at least one Representative. 
 
 4. It shall be the duty of the General Assembly at its first session 
 after the taking of the decennial census of the United States in the 
 year eighteen hundred and eighty, and after each subsequent decen- 
 nial census, to fix by law the number of Senators and to divide the 
 State into as many Senatorial Districts as there are Senators, which 
 districts shall be as nearly equal to each other in the number of in- 
 habitants as may be, and each shall be entitled to one Senator and 
 no more ; and which districts, when formed, shall not be changed 
 until the next apportioning session of the General Assembly after the 
 next decennial census of the United States shall have been taken. 
 No county shall be divided between two districts and no district shall 
 be made of two or more counties not contiguous to each other. 
 
 6. Should the decennial census of the United States, from any 
 cause, not be taken, or if when taken, the same as to this State is not 
 full and satisfactory, the General Assembly shall have power, at ita 
 first session after the time shall have elapsed for the taking of said 
 census, to provide for an enumeration of all the inhabitants of this 
 
25 
 
 State, and once in each ten years thereafter upon which it shall be 
 the duty of the General Assembly to make the appointment of Rep- 
 resentatives and Senators as provided for in this article. 
 
 6. Until the General Assembly shall make an apportionment of 
 Representatives among the several counties, after the first decennial 
 census of tiie United States, as herein provided, the counties of Au- 
 tauga, Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, Choctaw, 
 Clarke, Clay. Cleburne, Coffee, Colbert, Conecuh, Coosa, Covin-jfton, 
 Crenshaw, Dale, DeKalb, Elmore, Etowah, Escambia, Fayette, Frank- 
 lin, Geneva, Henry, Lauderdale, Marion, Morgan, Monroe, Marshall, 
 Randolph, Sanford, Shelby, St. Clair, Walker, Washington and Win- 
 ston shall each have one Representative ; the counties of Barbour, 
 Bullock, Butler, Chambers, Greene, Hale, Jackson, Jefferson, Lime- 
 stone, Lawrence, Lowndes, Lee, Macon, Marengo, Perry, Pickens, 
 Pike, Russell, Sumter, Talhulega, Tallapoosa, Tuskaloosu tmu \\ ilcox 
 shall have each two Representatives ; the county of Madison shall 
 have three Representatives; the counties of Dallas and Montgomery 
 shall have eacli four Representatives ; and the county of Mobile shall 
 have five Representatives. 
 
 7. Until the General Assembly shall divide the State into sena- 
 torial districts, provided, the senatorial districts shall be as follows: 
 First district, Lauderdale and Limestone ; second district, Colbert 
 and Lawrence ; third district, Morgan, Winston and Blount ; fourth 
 district, Madison ; fiftli district. Marshiill, Jack>on and DeKalb; 
 sixth district, Cherokee, Etowah and St. Clair; seventh district, 
 Calhoun and Cleburne ; eighth district, Talladega and Clay ; ninth 
 district, Randolph and Chambers ; tenth district, Macon and 
 Tallapoosa; eleventh district, Bibb and i'uskaloosa; twelfth district, 
 Franklin, Marion, Fayette and Sanford; thirteenth district. Walker, 
 Jefferson and Shelby; fourteenth district, Greene and Pickens; 
 fifteenth district, Coosa, Elmore and Chilton ; sixteenth district, 
 Lowndes and Autauga ; seventeenth district, Butler and Conecuh; 
 •eighteenth district. Perry ; nineteenth district, Choctaw, Clarke and 
 Washington ; twentieth district, Marengo ; twenty-first district, Mon- 
 roe, Escambia and Baldwin ; twenty-second district, Wilcox ; twenty- 
 third district, Henry, Coffee. Dale and Geneva; twency-fourth dis- 
 trict, Barbour; twenty-fiftli district. Pike, Crenshaw and Covington; 
 twenty-sixth district, Bullock ; twenty-seventh district, Lee ; twenty- 
 eighth district, Montgomery ; twenty-ninth district, Russell ; thirtieth 
 district, Dallas ; thirty-first district, Sumter ; thirty-second district, 
 Hale ; thirty-third district, Mobile. 
 
 ARTICLE X. 
 
 EXEMPTKD PBOPEHTY. 
 
 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 ex- 
 empted from sale on execution, or other process of any court, issued 
 
26 
 
 for the collection of any debt contracted, since the thirteenth day c f 
 July, eighteen hundred and sixty-eight, or after the ratification of 
 this Constitution. 
 
 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, witli 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 process from a court, for any debt 
 contracted since the thirteenth of July, eighteen hundred and sixty- 
 eight, or after the ratification 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 
 thei-eof, if a married man, shall not be valid without the voluntary 
 signature and assent of the wife to the same. 
 
 3. The homestead of a family after the death of the ow^ner thereof, 
 shall be exempt from the payment of any debts contracted since the 
 thirteenth day of July, one thousand eight hundred and sixty-eight, 
 or after the ratification of this Constitution, in all cases, during the 
 minority of the children. 
 
 4. The i^rovisions of section one and two of this article shall not be 
 so construed as to prevent a laborer's lien for work done and per- 
 formed for the person claiming such exemption, or a mechanic's lien 
 for work done on the premises. 
 
 5. If the owmer of a homestead die, leaving a widow, but no chil- 
 dren, such homestead shall be exempt, and the rents and profits 
 thereof shall inure to her benefit. 
 
 6. The real or personal property of any female in this State, ac- 
 quired before marriage, and all jiroperty' real and personal, to which 
 she may afterwards 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 was Sifemme sole. 
 
 7. The right of exemption hereinbefore secured, maybe waived by 
 an instrument in writing, and when such waiver relates to realty, the 
 instrument must be signed by both husband and wife, and attested by 
 one witness. 
 
 ARTICLE XI. 
 
 TAXATION. 
 
 1. All taxes levied on property in this State, shall be assessed in 
 exact pj'oportion to the value of such property ; Provided, however, 
 The General Assembly may levy a poll tax not to exceed one dollar 
 and fifty cents on each poll which shall be applied exclusively in aid 
 of the public school fund, in the county so paying the same. 
 
27 
 
 2. No power to levy taxes shall be delegated to individuals or pri- 
 vate corporations. 
 
 3. After the ratification of this Constitution, no new debts shall be 
 created against, or incurred, by this State or its authority, except to 
 repel invasion, or suppress insurrection, and then only by a concur- 
 rence of two-thii*ds of the inembc'rs of each house of the General As- 
 sembly, and the vote shall be taken by ye.-is and nays, and entered on 
 the journals ; and any act creating or incurring any new debt against 
 this state, except a^herein provided for, shall be absolutely void ; 
 Provid^'d, The (Jovernor may be authorized to negotiate temporary 
 loans, never to exceed one hundred thousand dollars, to meet defi- 
 ciencies in the treasury ; and until the same is paid, no new loan shall 
 be negotiated ; Provided, Jurther, That this section shall not be so 
 construed as to prevent the issuance of bonds in adjustment of exist- 
 ing State indebtedness. 
 
 4. The General Assembly shall not have the power to to levy, in 
 any one year, a gi-eater rate of taxation than three-fourths of oiio ]^er 
 centum on the value of the taxable property within this State. 
 
 5. No county in this State shall be authorized to levy a larger rate 
 of taxation, in any one year, on the value of the taxable property 
 therein than one-half one per centum ; Provided, That to pay debts 
 existing at the ratiiication of this Constitution, an additional rate of 
 one-fourth of one per centum may be levied and collected, which 
 shall be exclusively appropriated to the payment of such debts, or 
 the interest thereon ; Provided, further, That to any debt or liability 
 now existing against any county, incurred for the erection of the nec- 
 essary public buildings or other ordinary county purposes, or that 
 may hereafter be created for the ei-ection of the necessary public 
 buildings or bridges, any county may levy and collect such special 
 taxes as may have been or may hereafter be authorized by law, which 
 taxes so levied and collected shall be applied exclusively to the 
 purposes for which the same shall have been levied and collected. 
 
 6. The property of private corporations, associations and individ- 
 uals of this State, shall forever be taxed at the same rate ; Provided. 
 This section shall not apply to institutions or enterprises devoted ex- 
 clusively to religious, educational or charitable purposes. 
 
 7. No city, town or other municipal corporation, other than pro- 
 vided for in this article, shall levy or collect a larger rate of tax- 
 ation, in any one year, on the property thereof, than one-half of 
 one per centum of the value of such property, assessed for State 
 taxation during the preceding year: '^Provided, That for the pay- 
 ment of debts existing at the time of the notification of this Consti- 
 tution, and the interests thereon, an addiiioiial rale of one per centum 
 maybe collected, to be applied exclusively to such indebtedness; 
 A n d Pr ovide d, Th i s section shall not apply to the city of Mobil e, which 
 ci"t'y"nay, untirthe;^fir8t|[c(irj^f{[jamrary,5jine thousamfeight hundred 
 
28 
 
 and seventy-nine, levy a tax not to exceed the rate of one per centum, 
 and from and after that time a tax not to exceed the rate of three- 
 fourths of one per centum to pay the expenses of the city govern- 
 ment, and may also, until the first day of January, one thousand 
 eight hundred and seventy-nine, levy a tax not to exceed the rate of 
 one per centum, and from and after that time, a tax not to exceed the 
 rate of three-fourths of one per centum, to pay the existing indebted- 
 ness of said city and the interest thei-eon. 
 
 8. At the first session of the General Assembly after the ratifica- 
 tion of this Constitution, the salaries of the following officers shall 
 be reduced at least twenty-five per centum, viz: Governor, Secre- 
 tary of State, State Auditor, State Treasurer, Attorney-General, 
 Superintendent of Education, Judges of the Supreme and Circuit. 
 Courts, and Chancellors ; and after said reduction the General Assem- 
 bly sliall not have power to iiicicaac the Bdiiie except by a vote of a 
 majority of all the members elected to each House, taken by yeas and 
 nays, and entered on the journals ; Provided, this section shall not 
 apply to any of said officers now in office. 
 
 9.* The General Assembly shall nut have the power to require the 
 counties or other municipal corporations to pay any charges which 
 are now payable out of the State Treasury. 
 
 ARTICLE XII. 
 
 1. All able-bodied male inhabitants of this State, between the ages 
 of eighteen years and forty-five years, who are citizens of the United 
 States, or have declared their intention to become such citizens, shall 
 be liable to military duty in the militia of the State. 
 
 2. The General Assembly, in providing for the organization, equip- 
 ment, and discipline of the militia, shall conform as nearly as prac- 
 ticable to the regulations for the government of the" armies of the 
 United States. 
 
 3. 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. 
 
 4. Volunteer organizations of infantry, cavalry, and artillery, may 
 be formed in such manner, and under such restrictions, and with such 
 privileges, as may be provided by law. 
 
 5. The militia and volunteer forces shall, in all cases, except trea- 
 son, felony and breach of the peace, be privileged from arrest during 
 their^Juttendance ut musters, parades, and elections, and in going to 
 and returning from the same. 
 
 6. The Governor, shall, except as otherwise provided herein, be 
 commander-in-chief of the militia and volunteer forces of the State, 
 except when in the service of the United States, and shall, with the 
 advice and consent of tho Senate, ajipoint all general officers, whose 
 term of office shall be for four years. The Governor, the Generals 
 
29 
 
 and regimental and battalion commanders, shall appoint their own 
 staffs, us may be provided by law. 
 
 7. The General Assembly shall provide for the safe keeping of the 
 arms, ammunition and accoutrements, military records, banners and 
 relics of the State. 
 
 8. The officers and men of the militia and volunteer forces shall 
 not be entitled to, or receive, any pay, rations or emoluments, when 
 not in active service. 
 
 ARTICLE XIII. 
 
 EDUCATION . V^ 
 
 1. The General Assembly shall establish, organize and maintain a 
 system of public schools throughout the State for the equal benefit of 
 the children thereof, between the ages of seven and twenty-one years ; 
 but separate schools shall be provided for the children of citizens of 
 African descent. 
 
 2. The principal of all funds arising from the sale or other disposi- 
 tion of lands or other property, which has been or may hereafter be 
 granted or entrusted to this State, or given by the United States for 
 educational purposes, shall be preserved inviolate and undiminished ; 
 and the income arising therefrom shall be faithfully applied to the 
 specific objects of the original grants or appropriations. 
 
 3. All lands or other property given by individuals, or appropriat- 
 ed by the State for educational purposes, and all estates of deceased 
 persons, who die without leaving a will or heir, shall be faithfully ap- 
 plied to the maintenance of the public schools. 
 
 4. The General Assembly shall also provide for the levying and 
 collection of an annual poll tax, not to exceed one dollar and fifty 
 cents on each poll, which shall be applied to the support of the public 
 schools in the counties in which it is levied and collected. 
 
 5. The income arising from the sixteenth section trust fund, the 
 surplus revenue fund, until it is called for by the United States gov- 
 ernment, 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 main- 
 tenance 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 ad- 
 mit. 
 
 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. 
 
30 
 
 7. The supervision of the public schools shall be vested in a Super- 
 intendent of Education, whose powers, duties, tei'in of office and com- 
 pensation 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. 
 
 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 secta- 
 rian or denominational school. 
 
 9. The State University and the Agricultural and Mechanical Col- 
 lege shall each be under the management and control of a Board of 
 Trustees. The Board for the University shall consist of two members 
 from tiie 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;claps in four years, and those of tlie 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 di^^charge of his duties 
 as suoh. T!i3 (lovernor shall be e-xojjlcio President and the Superin- 
 tendent of Education e.c-o(ficio a member of each of said Boards of 
 Trustees. 
 
 10. The Grenerai Assembly shall have no power to change the lo- 
 cation of the State University or the Agricultural and Mechanical 
 College as now established by law, except upon a vote of two-thirds 
 of the General Assembly, taken by yeas and nays and entered upon 
 the journals. 
 
 11. The provisions of this article and of any act of the General As- 
 sembly passed in pursuance thereof to establish, organize and main- 
 tain 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 shall 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 undis- 
 turbed until otherwise provided by the General Assembly ; Provided, 
 That separate schools for each race shall always be maintained by 
 said school authorities. 
 
31 
 
 ARTICLE XIV. 
 
 CORPORATIONS — PRIVATE CORPORATIONS. 
 
 1. Corporations may be formed under general laws, but shall not 
 be created by special act, except for municipal, manufacturing, min- 
 ing, immigration, industrial, and educational purposes, or for con- 
 structing 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 the general 
 laves. All general laws and special acts passed pursuant to this sec- 
 tion may be altered, amended and repealed. 
 
 2. All exiciting charters or grant? 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 notifica- 
 tion of this Constitution, shall thereafter have no validity. 
 
 3. The General Assembly sliall not remit the forfeiture of the char- 
 ter of any corporation now existing, or alter or amend the same, or 
 ]>a8s 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. 
 
 4 No foreign corporation shall do any business in this State with- 
 out 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. 
 
 5. No corporation shall engage in any business other than that ex- 
 pressly authorized in its charter. 
 
 8. No corporation shall issue stock or bonds except for money, 
 labor done, or money or property actually received ; and all ficititioua 
 increase of stoclj or indebtedness shall be void. The stock and bond- 
 ed indebtedness of corporations shall not be increhsod, except in pur- 
 suance of general laws, nor without the consent of the persons hold- 
 ing the larger amount in value of stock, first obtained at a meeting 
 to be held after thirty days notice given in pursuance of law 
 
 7. iMunicipnl and other corporations and individ-uals invested with 
 the privilege of taking private property for public use, shall make 
 just compensation for the i)roperty taken, injured or destroyed by 
 the construction or enlai-gement of its works, highways or improve- 
 ments, which compensation shall be paid before such taking, injury 
 or destruction. The General Assembly is hereby prohibited from 
 depriving any person of 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 
 appt'ul shall, on the demand of either party, be determined by a jury 
 ac<!ording to law. 
 
 8. Dues from private corporations shall be secured by such means 
 
32 
 
 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. 
 
 9. No corporation shall issue preferred stock without the consent 
 of the owners of two-thirds of the stock of said corporation. 
 
 10. The General Assembly shall have the power to alter, revoke or 
 amend any charter of incorporation now existing, and revocable at 
 the ratification of this Constitution, or any that may hereafter be 
 created, whenever, in their opinion, it may be injurious to the citi- 
 zens of this State, in such manner, however, that no injustice shall be 
 done to the incorporators. No law hereafter enacted shall create, 
 renew or extend the charter of more than one corporation. 
 
 11. 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 inter- 
 est in the stock or bonds of any other telegraph company owning a 
 competing line, or acquire, by purchase or otherwise, any other com- 
 peting line of telegraph. 
 
 12. All corporations shall have the right to sue, and shall be sub- 
 ject to be sued, in all courts in like cases as natural persons. 
 
 13. The term corporation, as used in this article, shall be con- 
 strued to include all joint stock companies, or any associations hav- 
 ing any of the powers or privileges of corporations not possessed by 
 individuals or partnerships. 
 
 BANKS AND BANKING. 
 
 14. The General Assembly shall not have the power to establish 
 or incorporate any bank or banking company, or moneyed institu- 
 tion, for the purpose of issuing bills of credit, or bills payable to 
 order or bearer, except under the conditions prescribed in this Con- 
 stitution. 
 
 15. No banks shall be established otherwise than under a general 
 banking law, nor otherwise than upon a specie basis. 
 
 16. All bills or notes issued as money, shall be at all times redeem- 
 able 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. 
 
 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. 
 
 18. Every bank or banking company shall be required to cease all 
 banking operations within twenty years from the time of its oi'gani- 
 zation, (unless the General Assembly shall extend the time,) and 
 promptly thereafter close its business ; but shall have corporate 
 
33 
 
 capacity to sue and shall l)e liable to suit uiiiil its affairs ami liabili- 
 ties are fully closed. 
 
 19. No bank shall receive directly or indirectly, a greater rate of 
 interest than shall be allowed by law to individuals for lending 
 money. 
 
 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 corjwration. 
 
 KAILROADS A.NJ> ( ANAl.S. 
 
 21. All railroads and canals shall be public higliways, and all rail- 
 road and canal companies shall be common carriers. Any associa- 
 tion or corporation organized for the purpose shall have the right to 
 construct and operate a railroad between any points in this State, 
 and connect at the Statfi line, with railroads of other States. Every 
 railroad company shall have the right with its road to intersect, con- 
 nect with, or cross any other railroad, and shall receive and trans- 
 j)ort, each, the others freight, passengers and cars, loaded or empty, 
 without delay or discrimination. 
 
 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. 
 
 23. No railroad or other transporation company shall grant free 
 |iasses, or sell tickets or passes at a discount other than as sold to the 
 juiblic generally, to any member of the General Assembly, or to any 
 person holding office under this State or the United States. 
 
 24. No street passenger railway shall be constructed within the 
 limits of any city or town, without the consent of its local authorities. 
 
 25. No railroad, canal or other transportation company in exist- 
 ence 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 i>rovisions of this article. 
 
 ARTICLE XV. 
 
 OATII OF OKFICK. 
 
 1. AH members of the General Assembly, and all officers, execu- 
 tive and judicial, before they enter upon the execution of the duties 
 of tlteir respective offices, shall take the following oath or affirma- 
 tion, to-wit : 
 
 "I, , solemnly swear, [or affirm, as the case may 
 
 be] that I will support the Constitutioii 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, 
 3 
 
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