The Birmingham age-herald. [volume], March 18, 1915, Page 5, Image 15

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
examiners, be made valid for a shorter
period. For the purpose of carrying
» out the provisions of this section, it
' is hereby made the duty of a.ny coun
ty superintendent of education under
such rules and regulations as may be
prescribed by the state board of ex
aminers, to forward to the state board
of examiners within five days after
the receipt thereof, any certificate,
license or diploma w-hich may nave
been issued in any otner state and
which may be placed in his hands with
an application for a certificate of qual
ification to teach in this state. Said
county superintendent of education
shall accompany the certificate, license
gr diploma sp forwarded to the state
board of examiners with any material
facts of which he may have knowl
edge regarding the holder thereof.
Upon receipt of the certificate, license
or diploma and application the state
board of examiners shall examine the
same together with any facts relating
thereto or to the holder thereof which
j may have come to its notice, and shall
within 10 days, thereafter either issue
| a certificate to applicant or transmit
i to the county superintendent from whom
the application is received, notice that
the application has been denied. The
state board of examiners may, under
the authority conferred by this sec
tion, issue a first grade certificate, a
• second grade* certificate, or a third
grade certificate.
, Sec. 3. That the state board of ex
aminers Is hereby authorized to ex
tend consecutively from year to .year
for a period of one year at a time and
for a total of not more than four con
; secutlve years any first grade certifi
cate, any second grade certificate, or
any third grade certificate; provided,
that the holder of any such certificate
5 shall have attended some institution of
higher learning for at least six weeks
and shall have pursued a course of
professional study designated and ap
proved by the state board of exam
E lners during the year next preceedlng
: the one for which extension of cer
tificate for one year is sought to be
granted.
Sec. 4. The applicant for a certifi
cate or for the extension of any cer
tificate under the provisions of this
act shall pay the same fees as are now
changed for applicants for certificates
uf the same grade.
Sec. 6. That section 1723 of the coda
of Alabama of 1907 as amended bi
section 4 of an act approved August
21, 1909, be and the same is hereby
repealed.
! Sec. 6. All laws or parts of laws
in conflict with the provisions of this
act he and the same are hereby re
i pealed.
Approved February 17, 1916.
Official:
JOHN PURTFOY,
Secretary of State.
No. 125) AN ACT (H. 468
To make appropriations for the ordinary
expenses for the executive, legislative
and Juldicial departments of the state,
and for the Interest on the public debt.
Sec. 1. Be It enacted by the legisla
ture of Alabama, That the following sums
of money, or so much of each sum as
may be necessary, be, and the same tire
hereby appropriated, for the purposes
hereinafter specified, to be paid out of
any money in the state treasury, not
otherwise appropriated, for the period be
ginning February 1, 1915, and ending on
the 30th day of September, 1915: (1) For
the compensation of the governor, 35000;
(2) for compensation of the private secre
tary to the governor, $2000 (3) for com
pensation of a recording secretary to the
governor, $1000; (4) for compensation of a
filing clerk to the governor, $1000; (5) for
compensation of a stenographer and mes
senger In the executive office, $600; (6)
for compensation of the secretary of
state, $2000; (7) for compensation of chief
clerk in the secretary of state’s office,
$1200; (8) for compensation of the stenogra
pher in the secretary of state's office, $500;
(9) for compensation of the state auditor,
$2000; (10) for compensation of the chief
clerk and warrant clerk In the state au
ditor's office, $1200 each; (11) for compen
sation of the general bookkeeper and the
land clerk in the state ruditor's office,
j $1000 each; (12) for compensation of the
filing clerk in the state auditor’s office,
| $800; (13) for compensation of the pen
sion clerk in the state auditor’s office,
$800; (14) for compensation of the ste
nographer in the state auditor's office,
$500; (15) for compensation of the state
treasurer, $2000; (16) for compensation of
the chief clerk in the state treasurer's
j office, $1200; (17) for compensation of two
I assistant clerks in the state treasurer's
office, $1000 each, and for the compensa
tion of the third assistant clerk in the
treasurer's office, $800; (18) for compensa
tion of the stenographer in the state
1 treasurer’s office, $500; (19) for compensa
tion of the attorney general, $2000: (20)
for compensation of the first assistant at
torney general, $1200; (21) for compensa
tion of the second assistant attorney gen
eral, $1000; (22) for compensation of the
stenographer In the attorney general's
! office, $500; (23) for compensation of the
i superintendent of education, $2000; (24) for
compensation of the chief clerk iri the
superintendent of education's office, $1200;
(26) for compensation of two additional
‘ clerks in the superintendent of educa
tion's office, $1000 each; (26) for compen
sation of the stenographer -in the super
. intendent at education’s office, $500; (27)
for compensation of four servants in the
executive offices, $280 each; (28) for com
pensation of four watchmen at the Cap
itol, $600 each; (29) for compensation of the
chief Justice and six associate justices of
the supreme court, $3333.33 each; (30); for
compensation of the marshal and librarian
of the supreme court, $1333.33; (31) for com
pensation of the assistant librarian to the
supreme court, $666.66; (32) for compensa
tion of one servant to the supreme court,
$320; (33) for compensation of two secre
tarFes of the sppreme court, $1200 each;
(34) for compensation of the reporter of
the supreme court decisions, $900 for each
volume reported and published; (35) for
compensation of the rienugrapher to the
supreme court reporter. $500; (361 for com
pensation of the presiding judge and two
associate Justices of the court of appeals,
$3333.33 each; (37) for compensation of the
clerk of the court of appeals, $1638.67: (38)
for compensation of the secretary of the
court of appeals, $1100; (39) for compensa
tion of 17 circuit Judges, $2000 each; (40) for
compensation ot one supernumerary judge
$2666.66; (4) for compensation of five chan
cellors. $2133.33 each; (42) for compen
sation of five judges of law and equity
courts, $1666.66 each; (43) for compensation
of two Judges of law and equity courts.
$2000 each; (44) for compensation of one
| Judge of law and equity court, $1260; (45)
: for compensation of one judge of law and
equity court, $1200; (46) for compensation
I of 16 judges of the city court as follows:
Thirteen at $2000 each; one at $1833.33;
one at $1800; one at $1600; (47) for compen
sation of 15 circuit solicitors at $1600 each;
(48) for compensation of two county solici
tors as follows: One for Calhoun county,
$1333.33; one for Lee county, $1200; (49)
I for compensation of chief mine inspector,
$2000; (50) for compensation of six asso
ciate mine inspectors, $1333.33; (51) for ex
pense of mine inspectors, $6666.66; (52) for
compensation of the director of archives
mid history department, $A)00; (63) for
compensation of one stenographer in tile
department of archives and history, $600;
154) for compensation of the commissioner
of agriculture and industries, $2000; (55)
for compensation of the chief clerk in the
department of agriculture and industries.
$1200; (56) for compensation of the assist
! ant clerk in the department of agriculture
and industries, $1000; (57) for compensa
tion of one stenographer for the depart
ment of agriculture and industries, $600;
(58) for compensation of the adjutant gen
s'al, $1333.33; (59) for compensation of one
1 clerk in the adjutant general's office, $800;
(6ot for compensation of inspector of Jails,
almshouses, etc., $2666.66; (61) for compen
sation of the chief clerk to the inspector
of jails, almshouses, etc., $1200; (62) for
compensation of two deputy inspectors to
the inspector of Jails, etc., $1000 each; (63)
for compensation of the stenographer to
\he inspector of jails, almshouses, etc.,
fc.O); (64) for compensation of one clerk
to the state board of health, $800; (65) for
compensation of the clerk of the supreme
< urt. $2400; (66) for compensation of one
assistant clerk to clerk of supreme court,
$1'-m); (67) for compensation of one ste
rn giapher to clerk of the supreme court,
(68) compensation of the president
of the railroad commission. $2383.83; (6#)
commissioners. $2000 each; (70) for com
pensation of one secretary to the railroad
commission, $1600; (71) for compensation
°f °ne stenographer to tho railroad com
mission, $800; (72) for compensation of
expert help for railroad commission, $2000;
(73) for expenses of the railroad commis
sion. $750; (74) for postage, postoffice box
rent for the executive and supreme Court
offices, $3333: (75) for Insurance on the
capitoi building, furniture therein and
the library, $2000, to be expended only on
the approval of the governor; (76) for
arrest of absconding felons, $2000; (77) for
the removal of prisoners, $4000; (78) for
compensation of tile superintendent of
state banks, $2400; (79) for compensation
of two bank examiners, $1200; (80) for
compensation of office assistant to super
intendent of banks, $666.66; (81) for Interest
on temporary loans of $300,000, to be dis
bursed on the order of the governor, $1800;
(88) for distributing acts and journals of
the legislature of 1915, and other public
documents for the vears ending Septem
ber 30, 1914, and 1915, $1000; (83) for In
terest on the agricultural and mechanical
college bonds, $10,140; (84) for Interest on
the bonded debt of the state,
$180,000; (85) for compensation of
the secretary of the senate and clerk of
the house of representatives, filing and
arranging papers of the respective houses
in the secretary of state’s office, and for
copying and indexing the journals of the
respective houses, $450 each; (86) for com
pensation of the secretary of state for
preparing copies of the acts for the pul>
lie printer and notes thereof for*the same,
10 cents for each 100 words; (87) for In
terest on the fund arising on the sale of
lands of the Alabama Girls’ Technical
Institute, $15,000; (88) for the Incidental ex
penses of th# director of the department
of archives and history to be used In the
promotion and development of the de
partment, and the purchase or acquisltton
of papers, books and material necessary
for the conduct and development of tho
bureau of legislative Information, the sum
of $2000: (89) for the use of the contingent
fund of the governor in and about the
payment of Interest on state warrants and
for the purpose of making such financial
arrangements as may be necessary to pro
tect the credit of the state, the sum of
$100,000, or such part thereof as may be
needed for the purpose mentioned.
Sec. 2. That there Is hereby appropriated
for the purposes hereinafter specified, to
be paid out of any money In the state
treasury, not otherwise appropriated for
the period beginning October 1, 1914, and
ending on September 80, 1915; (1) for sta
tionery for the executive and supreme
court offices, $10,000; (2) for fuel, lights
and water used In the capitoi, $3000; for
public printing and binding, including the
reports of the heads of the departments,
of supreme court decisions, acts and jour
nals of the legislature, advertisements
and proclamations, done In pursuance ot
the law, $50,000; (4) for feeding prisoners
In county jails, $180,000; (5) for repairing
and refurnishing the capitoi and grounds,
$5000.
Approved February 19, 1916.
Official:
JOHN PURIFOY,
Secretary of State.
ISO. 00) AiN AC1 Vi-1. WO
To provide for, and require guarantee, or
surety bonds of state officials and their
assistants, clerks and employes; to fix
the amount or amounts of said bonds,
and to provide for the payment of the
premiums of said bonds, and to provide
for the approval and filing of said bonds.
Whereas, it has been demonstrated by
past experience that the state of Ala
bama has suffered substantial losses by
the failure of certain of its officials and
employes to be bonded with good and
sufficient sureties, and whereas good
business methods and the state's Interests
demand that the state should be ado
qately protected from loss, now therefore;
Be It enacted by the legislature of Ala
bama:
Section 1. That the secretary of state,
be, and is hereby, required to furnish in
addition fo the bond now required by law
of the said secretary of state, a guaran
tee, or surety bond, with one or more
good and sufficient sureties, In the sum
of *25,000 as ex-officlo Insurance commis
sioner. Provided, however, that should
the Insurance department be separated, or
removed from the department, or office
of the secretary of state, that the officer
named as Insurance commissioner, shall
comply with the provisions of this section,
and the secretary of state In i ase of such
separation or removal of said insurance
department, will not be required to fur
nish the additional bond herein provided.
Sec. 2. That the chief clerk In the office
of the secretary of state be, and Is here
by required to furnish a guarantee, or
surety bond, with one or more good and
sufficient sureties in the sume of *5000.
Sec. 3. That all clerks, assistants, agents
or employes under the terms and provis
ions of the motor vehicle law, be, and are
hereby required, to furnish guarantee, or
surety bonds, with one or more good
and sufficient sureties. In the sums here
inafter named and specified, to-wit: (a)
The clerk In charge of the records and
collections of the department shall fur
nish a guarantee or surety bond with
one or more good and sufficient sureties,
In the sum of *5000. (b) The clerk, or as
sistant, who performs the duties of as
sistant clerk with the said clerk as here
in specified in subdivision "a" of this
section shall 'furnish a guarantee or
surety bond with one or more good and
sufficient sureties In the sum of *3000.
(c) That all assistants, employes or
agents, who in any way may collect or
disburse funds, or handle funds, or motor
vehicle tags or number plates under the
provisions the motor vehicle law be,
and are, hereby, required to furnish guar
antee or Burety bonds with one or more
good and sufficient sureties In the sum
of not less than *1000 for each and every
employe, agent or collector. The amount
of said bonds, except where herein pro
vided, to be fixed by the officer in charge
of said employes, a rents or collectors.
Sec. 4. That the president of the board of
convict Inspectors be. and Is hereby, re
quired to furnish a guarantee or Burety
bond with one or more good and sufficient
sureties in the sum of *50,000. (a) That
the convict inspectors, other than the
president of the Doard of inspectors, be,
and are hereby, required to furnish guar
antee or surety bonds with one or more
good and sufficient sureties in the sum
of *25,000 each, (b) That the chief clerk
of the board of convict inspectors be, and
is hereby, required to furnish a guarantee
or surety bond with one or more good and
sufficient sureties in the sum of *25,000.
(c) That the assistant clerk of the board
of convict 'Inspectors be. and is hereby,
required to furnish a guarantee or surety
bond with one of more good and sufficient
sureties in the sum of *3000. (d) That all
other employes in the office of the board
of convict inspectors be, and are hereby,
required to furnish guarantee or surety
bonds with one or more good and suf
ficient sureties in the sum to be fixed by
the president of the board of convict in
spectors, but in no case to be for a less
sum than *1000. (e) That each and every
warden and every deputy warden of a
state prison, or camp, or place of con
finement, or detention, for the convicts
of the state, be, and are hereby, required
to furnish guarantee or surety bonds
with one or more good and suflclent sure
ties in the sums to be fixed by the board
of convict inspectors, but in no case shall
the bond herein provided for be in a
less sum than *1000 for each warden and
each deputy warden.
Sec. 6. That the chief clerk in the
office of the state uudilor be, and .s
hereby required to furnish a guaran
tee or surety bond, with one or more
good and sufficient sureties, in the sum
of *5000; and the warrant clerk in the
office of the state auditor be and is
hereby required to furnish a guaran
tee or surety bond with oneor more
good and sufficient sureties in the
sum of *5000.
Sec. 6. That the chief clerk in the
cifice ol. the state treasurer be and is
hereby required to furnish a guaran
tee or surety bond with one or more
good and sufficient sureties in the
sum of not less than *5000, provided
that the amount of the said bond may
be fixed at a greater sum when so
required by the state treasurer: and
that all other clerks In the office of
the state treasurer are hereby required
to furnish a guarantee or surety bond
with one or more good and sufficient
sureties in the sum of *5000 for each
clerk employed in the office of the
state treasurer.
Sec. 7.' That the chief clerk in the
office of the superintendent of edu
.
>■ ... .
cation be and is hereby required to
furnish a guarantee or surety bond
with one or more good and sufficient
sureties in the sum of $5000 and that
the bookkeeper in the office of the
superintendent of education be and is
hereby required to furnish a guaran
tee or surety bond with one or more
good and sufficient sureties in the
sum of $3000.
Sec. 8. % That the assistant attorneys
general, two in number, be and are
hereby required to furnish guaranteo
or surety bonds witu one or more good
and sufficient sureties in the sum of
$3000 each.
Sec. 9. That the adjutant general
be and is hereby Required to furnish
a guarantee or surety bond with one
or more good and sufficient sureties
in the sum of $6000; and the assist
ant adjutant general, or chief clerk
in the adjutant general’s office be and
is hereby required to furnish a guar
antee or surety bond with one or more
good and sufficient sureties in the
aum of $8000.
Sec. 10. That the state health offi
cer be and is hereby required to fur
nish a guarantee or surety bond with
one or more good and sufficient sure
ties in the sum of $5000.
Sec. 11. That the prison inspector
be and is hereby required to furnish
a guarantee or surety bond with one
or more good and sufficient sureties
in the sum of $5000.
Sec. 12. That the examiners of ac
counts be and are hereby required to
furnish guarantee or Burety bonds
with one or more good and sufficient
sureties in the sum of 13000.
Sec. 13. That the chief clerk in the
office of the pure food department of the
office of the commissioner of agricul
ture and industries be, and is hereby
required, to furnish a guarantee, or sure
ty bond, with one or more good and
sufficient sureties, in the sum of $3000.
Sec. 14. That the guarantee, or surety
bonds herein required, shall be secured
and Issued by any qualified guarantee or
surety company, or companies, which said
company, or companies, have deposited
with the state treasurer at least $50,000
worth of securities as required by law,
and which said companies are in all re
spects qualified to transact business in
the state of Alabama. Provided, however,
that, if any of the officers, assistants,
clerks, agents or employes of the state
of Alabama are unable to procure the
said bond, or bonds, in such guarantee
or surety company or companies, satis
factory to the governor, then in that
event, the said officers, assistants, clerks,
ugents or employes of the said state of
Alabama, may make said bond or bonds
with personal sureties; the said personal
sureties to be approved by the gover
nor.
Sec. 15. That when a nond or bonds
shall be secured or insured by a guaran
tee, or surety company, or companies,
the amount of the annual premium to be
paid such guarantee, or surety company,
or companies, for such suretyship, or in
surance of said bonds, shall be paid by
the state of Alabama, out of the funds
in the state treasury; and that the
amount or amounts due for said annual
premiums for said bonds shall be paid
by the warrant of the state auditor,
drawn on the state treasurer; provided
that bills for the said annual premiums
shall first be approved by the governor.
Sec. 16. That, unless heretofore or
hereafter specifically provided by statute,
the several bonds herein provided for
shall be made to the state of Alabama.
Sec. 17. That all bonds herein pro
vided for shall be approved by the gov
ernor, and after approval, filed in the
office of the state auditor; and provided
when the said bond is filed in thd office
of the state auditor, the said bond shall
be made a matter of public record. And
provided bonds of clerks in the auditor’s
office shall be filed in the office of the
secretary of state.
Sec. 18. That all officers, c.lerkB, assist
ants, agents or employes of the state of
Alabama, who are required to furnish
bonds, as herein provided, shall wdthin
30 days after the approval of this act,
file the required bond as herein pro
vided.
Sec. 19. That the intent and pur
poses of this act are to require good
and sufficient guarantee or surety
bonds of the officers, assistants, clerks,
agents and employes of the state of
Alabama, not now required by law,
to furnish guarantee or surety bonds;
and that the said bonds, herein re
quired, shall in all respects conform to
sections 1500 and 1601 of the political
code of Alabama of 1907.
Sec. 20. That in the event that any
office or position herein named should
te abolished, terminated or consoli
dated with other office or position, then
the bond herein provided shall be can
celled on those employes, who, by rea
son of the termination of their posi
tions, will not be continued in the serv
ice of the state.
Sec. 21. That all bonds required by
the provisions of this act may bo made
in qualified guarantee or surety com
panies and that the premium of said
bonds shall be fixed at a sum not to
exceed 25 cents for each $100 of lia
bility. Provided, however, that the
minimum charge for the premium on
any bonds required herein shall be $5.
Sec. 22. That the provisions of this
net shall become effective 30 days aft
er its approval by the governor.
Approved February 20, 1915.
Official;
JOHN PURIFOY,
Secretary of State.
rsiO. AIN AU Itl. Ml
To make an appropriation of $2000 for
necessary repairs and permanent im
provements on the governor's mansion
and furnishings, the property of tjie
state, for the purchase of necessary ad
ditional furnishings therefor, and to
provide for the disbursement of such
appropriation, and to repeal section 5
of the act, approved February 11, 1911,
entitled, an act to make an appropria
tion for the purchase of a residence for
the governor of Alabama, and grounds
and furnishings therefor, and for the
at qulsttlon by condemnation or pur
chase of any real estate necessary, or
beneficial for such purpose; to provide
a building commission for such pur
pose, and to make an annual appropria
tion for the maintenance of such resi
dence.
Be it enacted by the legislature of Ala
bama:
Section 1, That the sum of $2000 be, and
the same is hereby, appropriated out of
any unappropriated funds in the state
treasury, for necessary repairs and perma
nent improvements on the governor's
mansion and furnishings, the property of
the state, and for the purchase of neces
sary additional furnlBhings, and the state
auditor is hereby authorized and required
to draw his warrant, from time to time,
for all or any part of said sum on the
requisition of the governor of the state,
accompanied by statement, for work done
and materials, furniture and labor sup
plied as hereinabove provided.
Sec. 2. That section 5 of the act, approved
February 11, 1911, entitled an act to make
an appropriation for the purchase of a
residence for the governor of Alabama,
and grounds and furnishings therefor,
and for the acquisition by condemnation
or purchase of any real estate necessary
or beneficial for such purpose; to pro
vide a building commission for such pur
pose, and to make an annual appropria
tion for the maintenance of such resi
dence, be and the same is hereby re
pealed.
Approved February 20, 1915.
Official:
JOHN PUR1FOY.
Secretary of State.
No. 87) AN ACT <H. 807
To amend section 3 of an act entitled
"An act to fix the amount of cap
ital of and deposit with the state
treasurer by miscellaneous Insurance
companies excepting mutual aid as
sociations," approved August 19,
1909.
Be it enacted by the legislature of
Alabama:
Section 1. That section 3 of an act
entitled "An act to fix the amount of
capital of and deposit with the state
treasurer by miscellaneous Insurance
companies, exceptfng mutual aid as
sociations," approved August If, 1909,
be amended so as to read as follows:
Bee. 3. That before any foreign insur
ance company of the kind described in
section 1 of tha act approved August IV.
--
1808, entitled a» act to fix the amount
of capital of and deposit with the
state treasurer by miscellaneous in
surance companies, excepting mutual
aid associations, shall be authorized
to do business in this state such com
pany must, in addition to complying
with all other requirements of law in
such cases provided satisfy the insur
ance commissioner that it is fully and
legally organized under the laws of tho
state or government to do the busi
ness It proposes to transact; that it
has on deposit with the treasurer of
the state or government or with the
proper officer of some other state,
securities to the actual cash value of
8108,000. consisting of state bonds.
United States bonds, municipal bonds
where the total bond issue of such
municipality does not exceed 5 per
centum of the taxable value of prop
erty situated therein, or notes secured
by mortgages on real estate for dou
ble the amount; all of which secur
ities shall be subject to the approval
of the insurance commissioner of this
state; and such companies shall file
with the insurance commissioner of
this state the certificate of the offi
cial with whom the securities are de
posited stating the name and amount
of each of said bonds, notes or mort
gages and that he is satisfied they
are worth at least 8100.000, and tliai tho
deposit is made with him by tho com
pany for the protection of all the pol
icyholders and creditors In the United
States.
Sec. I. That this act shall take ef
fect immediately upon its approval by
the governor.
Approved February 22, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 119) AN ACT (S. 182
To prohibit the employment of public
school teachers of less than 17 years of
age and to provide for the education of
pupils of any school having less than 10
pupils.
Be it enacted by the legislature of Ala
bama:
Section 1. That on and after October 1,
1915, no person shall be employed as a
teacher in any public school in the state
who is not at least 17 years of age, and
after December 1, 1916, if the attendance
in any school shall fall below 10, then the
county board of education is authorized
to make the best arrangements it can
for the education of those children.
Approved February 20, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 29) AN ACT (H. 166
To amend an act entitled, ‘ An act to
provide and create a commission form
of municipal government and to estab
lish same In all cities of Alabama,
which now have, or which may hereafter
have, a population of us much as 26,000
unu less than 60,000 people, according
to the last federal census, or any such
census which may hereafter be taken;
to regulate the selection and election
of commissioners and their terms of
office, und recall from office, to fix
their powers, duties and compensation,
to punish Improper oonduct In connec
tion with elections and petitions here
under: to abolish police commissioners,
aldermen and certain other city officials,
and otherwise provide for the creation
and maintenance of said commission
form of government," approved April
6, 1911.
Be It enacted by the legislature of
Alabama, That an act entitled, “An act
to provide and create a commission form
of municipal government and to establish
same in all cities of Alabama which now
have or which may hereafter have a
population of as much as 26,000 and less
thnn 60,000 people, according to the laBt
federal census, or any census which may
hereafter be taken; to regulate the selec
tion and election of commissioners and
their terms of office and recall from of
fice; to fix their powers, duties and com
pensation; to punish Improper conduct In
connection with elections and petitions
hereunder; to abolish police commission
ers, aldermen and certain other city of
ficials. and otherwise provide for tho
erection and maintenance of said com
mission form of government,” approved
April 6, 1911, be amended so us to read as
follows:
Be It enacted by the legislature of Ala
bama:
Section 1. All cities of the state of Ala
bama, which have a population of as
many as 26,000 and less than 60,000 people,
according to the last federal census, or
which shall hereafter have such popula
tion, according to any census that may
be taken hereafter, shall become organ
ized under the commission form of gov
ernment, according to the terms of this
act, and shall be known as cities of
class “C.”
Sec. 2. In all cities of the state of Ala
bama, which have such population, ac
cording to the last federal census, the
governor Is authorized, during the year
1811, and required to appoint four per
sons, to hold office as commissioners of
said city, who shall hold office from tho
second Monday In April, 1911, until the
first Monday in October. 1916, and until
their successors shall be elected and shall
qualify as hereinafter provided, but after
the expiration of the terms of the first
commissioners, 1. e„ the first Monday In
October, 1916, there shall be but three
commissioners for any such city. Tha
term of office of each member of the
board. Including (tie president of com
missioners, after the expiration of tho
term hereinbefore provided, shall be rou.
years, and until their successors shall
be elected and shall qualify as hereinafter
provided. The mayor, or chief executive
of every such city, shall bs and become
on the second Monday in April, 1911, as
provided herein, the president of the board
of commissioners of such city, and shall
hold office until the first Monday In
October, 1916. It Is the Intention of this
section that the commissioners appointed
by the governor in 1911, to take office on
the second Monday In April, 1911, shall
hold office until the first Monday in
October, 1916, and that the board of com
missioners of any such city shall there
after consist of only three members, who
shall tie elected by the voters of such
city on the third Monday In September,
19t?, and every four years thereafter.
Sec. 3. The provisions of this act shall
apply to and become operative In all cities
not now having but which shall hereafter
have a population of as many as 26.000
people, according to any federal census
that may be taken hereafter, and elec
tion may be called and such cities may
become organized under this act in the
same manner as cities having the re
quired population at the time of the pas
sage of this act.
Sec. 4. The president and the commis
sioners provided for In this act shall
be known collectively as the “board of
commissioners of the city of -”
(name of city to be Inserted), and shall
be the members of the board of com
missioners, and it shall h^ve the powers
and duties hereinafter provided. Tho
flret commissioners appointed under the
provisions of this act shall qualify for
office In the manner prescribed by this
act, and shall take office on the second
Monday In April, 1911. As soon as they
have qualified for office In any such
city, then such city shall at that time
and thereby be and become organized
under the commission form of govern
ment provided by this act, and said com
missioners provided for by this act shall
forthwith take office and enter upon
their duties.
Sec. 5. The president of the boat'd of
commissioners and commissioners of
sueh city, to be known as the board of
commissioners of said city, as provided,
shall be municipal officers only, and
shall have, and possess and exercise,
only the municipal powers, legislative,
executive and judicial, possessed and ex
ercised by the mayor and board of
aldermen, and any and all other boards,
commission and officers of such city of
any and of every sort whatsoever, ex
cept the powers conferred on the county
board of health, and on the board of
public safety, hereinafter created. In
so tar as they apply to said city, by
atate law, or by existing ordinances
enacted by said city, except whatsoever
power they may possess, expreagly or
impliedly, as state offloers, or such pow
ers that are expressly or Impliedly
given by this act; and all such boards,
commissions and officers, except those
provided for bjr this act, shall then aid
e»
there be abolished, and the term* of
office of any and all such officers or
officials shall then and thereby cease.
Said board of commissioner* shall not
have, possess or exercise any legisla
tive, executive, judicial or administra
tive powers of the state or county, ex
cept when acting as a recorder, and
then only as a committing magistrate,
nor shall the offices held by them be
state offices, except herein provided;
such city shall continue its existence
as a body corporate under the name of
“City of -“ (inserting name of said
city). It shall continue to be subject
to all the duties and obligations then
pertaining to or incumbent upon it as
a municipal corporation not inconsist
ent with the provisions of this act* and
shall continue to enjoy all the rights,
immunities, powers, privileges and fran
chises then enjoyed by it, as well as
those that may thereafter be granted
to it, not inconsistent with the pro
visions of this act. All laws governing
such city, and not impmslstent with the
provisions of this act, shall apply to
and govern said city after it shall be
come organized under tho commission
form of government provided by this
act. All laws, ordinances and r/aolu
tlons lawfully passed and in force in
any such city under Us former organi
zation not inconsistent with the pro
visions of this act, shall remain in folHsS
until altered or repealed, according to
the provisions of this act. The terri
torial limits of such city shah remain
the same as under its former organ
ization, and all rights and property of
every description which vested In it
shall vest in it tinder the organization
herein provided for us though there had
been no change in the organization of
said city; and no right or liability eith
er in favor of It or against it. and no
suit or prosecution of any kind shall
be affected by such change, unless oth
erwise expressly provided for by tho
terms of this act. All employes of said
city and all officials except those whose
terms of office are abolished by this
act shall continue in office until other
wise provided by said board of com
missioners or the board of public safety
of said city, provided that this with
drawal or transfer of powers shall not1
apply to the powers conferred on the 1
county board of health in so far as they
apply to said city, by state law or by
existing city ordinances, nor shall they
apply to the appointment of health of
ficers for a city, nor to persona em
ployed by «ueh health officer to enforce
quarantine under ordinances in force
in the city.
Sec. 6V*. In cities having population of
25,000 or leBB than 50,000, tho management
and control of the public schools therein
shall be vested in a board of education,
which shall be composed of live members,
who shall serve without compensation,
and shall be Qualified electors and resi
dents of the respective cities, and who
shall not be members of the board of
commissioners. At the first regular meet
ing of the board of commissioners after
organization, or as soon thereafter as
may be practicable, at any regular meet
ing, the board of commissioners shall
elect the members of the board of edu
cation, whose terms of office, respective
ly, shall be one, two, three, four and five
years. Annually thereafter at the first reg
ular meeting in April, or as soon there
after as may be practicable, at any reg
ular meeting, the board of commissioners
shall elect a member of the board of edu
cation, whose term of office shall be live
‘years, to succeed the member of the board
of education whose term expires that
year. In the event of a vacancy in the
membership of the board of educa
tion, by resignation or otherwise,
the fact Shall be reported to the hoard
of commissioners, by the board, and the
board of commissioners, shall elect a per
son to fill such a vacancy lor the unex
pired term. At its first regular meeting
in May, after the election of said board
of education, or as soon thereafter as
practicable and annually thereafter, the
board of education shall elect from its
membership u president and vice presi
dent. It shall alio elect a clerk, who need
not be a member of the board of educa
tion and may fix bis compensation. Tile
vice president shall perform the duties ol
the president only when the president
may bo absent or unable to perform bis
duties. The board of education may /ill
i any vacancy in any of the of
fices mentioned in this section. All
property, real and personal and
mixed, now held or hereafter acquired
for school purposes, shall be held in trust
for the use of the public schbols of tlio
city or town and no sale or purchase of
real estate shall be made by any other
than the board of education of such city
or town. The board of education shall
have full and exclusive power, within the
limits of the revenue appropriated for
such purpose, or accruing to the use of
the public schools, to purchase fixtures,
furniture, apparatus, libraries, fuel and
supplies for the use of the schools, and to
sell the same, and to make expenditures
for the maintenance anu repair of tho
school grounds, buildings, and other prop
erty, to purchase siTes and to establish
and build new schools when such sites
have been provided by the board of edu
onHnn and in aiincrliitnnii Hm prM'tinn
thereof; to make additions, alterations
and repairs to the buildings and property
devoted to school uses, and to make nec
essry and proper regulations, contracts
and agreements In relation to such mat
ters. All such contracts shall Inure to thiv
benefit of the public schools and In a suit
at law or In equity, brought upon them
and for the recovery and protection of
money and property, belonging to and
UBed by the public school*, or for dam
ages, shall be brought by and In the name
of the city. Each year the hoard of edu
cation shall make an estimate, la detail,
of the amount of money required for the
proper support and maintenance of the
public schools during the next scholastic
year, which shall be submitted to the
board of commissioners, and the board
of commissioners shall make annual ap
propriations for the support and main
tenance of the schools that It may deem
necessary and proper, In view of all other
needs of the government of the city, and
of the expected revenues from taxes and
otherwise. Money so appropriated, and
all money received from the school fund
of the state, poll taxeB and the sale of
school property, and the sale of bonds
for school purposes, and from any other
source whatever, for school purposes,
shall be held by the treasurer of the city,
as a special fund or funds for school
purposes, and It shall be paid out by him
on warrants drawn by tho clerk of the
board, and countersigned by the presi
dent, or vice president when acting as
piesldent of the board of education, and
by the olerk of the city, and not other
wise. And no warrant shall be drawn un
less In pursuance of a resolution of the
board of education, entered upon Its min
utes. The board of education shall have
full control of the public schools of the
city or town. It shall have power to es
tablish schools. to discontinue any
school, to consolidate schools; to prescribe
courses of study and books to be
used, not In conflict with the gen
eral law in reference to textbooks, to
divide the city Into school divisions
as circumstances may require, to em
ploy teachers and a superintendent of
schools, and necessary employes, and
to fix their salaries and wages, to es
tablish and maintain high schools and
prescribe rules, for the expulsion of
pupils, to expel any pupil guilty of
gross disobedience or wilful miscon
duct. to dismiss any superintendent,
teacher or employe when in Its opin
ion the interests of the school require
It. and generally to have and exercise
all rights, powers and authority re
quired for the management of a sys
tem of public schools. To designate
amount to be paid by nonresidents of
the districts whether owners of property
or not. who desire their children to
be enrolled; provided, that wherever a
nonresident of any Buch city iwns
property In any such city which has
an assessed valuation of 1600, then the
child or children of such nonresident
shall not pay more for the enrollment
or attendance at the public scnools In
any sucb city than the chil^ or chil
dren of a resident and the board of
education of any such city ahall not
have any power to designate an amount
to be paid by a nonresident coutrary
to thla provision. It shall be the duty
of the board of education to examine
or cause to be examined all persoue at
times and places fixed by It, offering
aa candidates for teachers' places and
when found qualified to give them cer
tificates of qualification, gratuitously,
to grant diplomas without charge to
graduates of the high schools, to visit
all schools as often as once a month,
to establish and uniformly enforce
proper rules and regulations, to en
quire into the performance of their
duties by the teachers and superin
tendent and Into the progress of the
pupils, and to prepare and submit to
the board of commissioners an annual
report showing the operation of the
i schools for the past scholastic year
and suggesting their needs for the fu
} ture. It shall be the duty of the board
of education to elect a superintendent
of schools, fix his term of office and
salary, prescribe his powers and du
ties. The superintendent shall bo ro
! qulred to give bond for the faithful
j performance of his duties, which shall
bo payable to sold city in the sum to
be fixed by the board, not less than
13000, with surety or sureties to be
approved by the president of the board,
ihe bond to be filed with the clerk of
the city or town. The superintendent
may be elected clerk of the board of
education and if so elected his bond
shall stand as security for the faithful
performance of his duties as clerk as
well as superintendent however con
ditioned. it shall be the duty of the
clerk of the board of education *o keep
full and correct detail account of all
money received and expended. The
superintendent shall attend to the tail
ing of the school census, which shall
he taken in the month or April of each
year. $and it shall be his duty to males
complete and accurate reports of tho
same to the superintendent of educa
tion of the state. Each incorporated
city or town as a special district or
embraced therein, shall receive its pro
portionate share of the public school
revenue, to be paid over by the state
superintendent of education direct to
the city superintendent of schools and
by him paid over to the city treasurer.
Soo. <1. Every city organised under the
form of government provided for by this
act, shall be governed and managed by
the board of commissioners provided for
herein, except as otherwise provided
herein. Each and every officer and em
ploye of said city except the board of
public safety, policemen, firemen and
others holding under the hoard of public
safety and the health officer and such
persons as may he employed by him
to enforce quarantine, and such other
officers and employes as are designated
in this act shall be selected and em
ployed by the said board of commis
sioners. under its direction, and all sal
aries and wages paid by said city except
as otherwise provided by the terms of
this act, shall be fixed by said board of
commissioners. Where not otherwise
provided in this act, the commissioners
shall prescribe and may at any time
clmge the powers, duties and titles of all
subordinate officers and employes of said
city, except the title of city health offi
cer and those holding under the board
of public safety, all of whom, except
those herein otherwise specified, shall
hold offico and be removable at the
pleasure of the board of commissioners,
except the board of public safety, mem
bers of the police and fire departments,
and except such other employes whose
employment, term of office, removal and
the prescription of whose duties ars
otherwise provided for in this act. The
powers and duties of the board of com
missioners in such cities shall be dis
tributed into and among three depart
ments, as follows: (l) Department of
public affairs; (2) department of finance;
(3) department of public works. The
powers and duties pertaining to each
of said departments shall be fixed by
the said board of commissioners, and
altered from time to time as they may
deem best, and the departments of po
lice and fire shall be under the board
of public safety, as herein provided.
Sec. 7. Said board of commissioners
shall hold regular public meetings on
Tuesday of each and every week at
some regular hour to be fixed by said
board from tiinS to time, and publicly
announced by it. and it may hold such
adjourned, called and other meetings a a
may be necessary or convenient. The
president of the hoard, when present,
shall preside at uil meetings of said
board, but shall have no veto power. A
majority of the total number of mem
bers of said board shall constitute a quo
rum for the transaction of any and every
business to be done by said board, and
for the exercise of any and every power
conferred upon it; and the affirmative
vote of a majority of the total number
of members of said board shall be nec
essary and sufficient for the passage of
any resolution by law or ordinance, for
the transaction of any business of any
sort by said board or the exercise of
any of the powers conferred upon it by
the terms of this act or that may be
hereafter conferred upon it, by this act.
This provision shall not be construed,
however, so as to prevent the said board
from delegating or assigning to one or
more of its members, or to such boards,
commissions, officers or employes as may
bo created or selected by It, the per
formance of such executive or judicial
duties, and powers that are by this act
vested In such board of commissioners,
as may be necessary or convenient, pro
vided tho same is done by resolution, by
law or ordinance duly enacted according
to the terms of this act, where not other
wise provided; provided tho said board
shall not have any power or authority
that conflicts with the power and au
thority of the board of public safety. All
meetings of said board of commissioners
shall bo open to the public. No resolu
tion, by-law or ordinance granting any
franchise, appropriating any money for
any purpose, providing for any public Im
provements, enacting any regulations
concerning the public connort, the pub
lic safety or public health or of any
other general or permanent, nature, shall
be enacted, except at a regular or ad
journed public meeting of said board,
provided that a meeting of the board of
commissioners of the city of
may be called at any time to consider
and act upon an emergency that involves
the public Bafety or public health, when
not otherwise herein provided. Every
motion, resolution or ordinance intro
duced at any and every such meeting
shall be reduced to writing and read
before any vote thereon shall be taken
and the yeas and nays thereon shall be
recorded. A record of tho proceedings of
every such meeting shall be kept in a
well bound book and every resolution
and ordinance passed by the board of
commissioners must be recorded in such
book and a record of the proceedings of
the meeting be signed by at least two
of the commissions^ before tho action
takon shall be effective; such record shall
be kept available for inspection by all
citlsens of such city, at all reasonable
times.
«... o _..ni,,«lnn hv.lnnr nr 01*01
nance granting to any persona, firm
or corporation any franchise, lease or
right to use the streets, public high
ways, thoroughfares, or public property
of any city organised under the pro
visions of this act, either In, under,
upon, along, through or over same
shall take effect and be In force until
30 days after the final enactment of
same by the board of commissioners
and publication of said resolution, by
law or ordinance In full once a week
for three conseoutive weeks. In some
daily newspaper published In said city,
which publication shall be made at the
expense of the persons, firm or cor
poration applying for said grant. Pend
ing the paesage of any such resolution,
by-law or ordinance, or during the time
Intervening between the final passage
and the expiration of the 30 days during
which publication shall be made, as
above- provided, the legally qualified
voters of said city may, by written peti
tion or petitions, addressed to said board
of commissioners, object to auoh grant,
and If. during said period, suoh written
petition or petitions signed by at least
1000 legally qualified voters of suoh
city shall ba filed with said board of
commissioners, said board shall forth
with order an election at which eleotlon
the legally qualified votera of said oity
shall vote for or against the proposed
grant, aa set forth In the said by-law,
resolution or ordlnanoe. In the call for
said election, tbe said resolution, by-law
or ordinance, making said grant, shall be
published in said city, by ona publica
tion. If at suob eleotlon, the majority
ot the votes oast shall bo in favor at
k
I
••Mild ordinance, and the making of tha
said proposed grant, the same shall there
upon become effective, but If a majority of
the votes so cast shall be against the
passage of the said resolution, by-law
or ordinance and against the making of
said grant, the said by-law, resolution
or ordinance shall not become effective,
nor shall It confer any rights, powers
or privileges of any kind, and It shah
be the duty of the said board of commis
sioners, after such result of said elec
tion shall be determined, to pass a reso
lution or ordinance to that effect. No
grunt of any franchise, or lease, or right
of user, or any other right, in, under,
upon, along, through or over the street*
public highways, thoroughfares or public
property of any such city shall be made
or given nor shall any such rights >f
any kind whatever be conferred upon any
peson, firm or corporation, except by
resolution or ordinance, duly passed by
the board of commissioners, at some regu
lar or adjourned public meeting, and pub
lished as above provided for In this sec
tion; nor shall any extension or enlarge
ment of any such rights or powers previ
ously granted be made or given, except
In the manner and subject to all the
conditions herein provided for, as to the
original grant of same. It is expressly
provided, however, that the provisions of
ibis section shall not apply to the grant*
of sidetracks or switching privileges to
.my railroad or street car company for
the purpose of reaching and affording
railway connections and switch privileges
to the owners or users of any Industrial
plant, store or warehouse; provided, fur
ther, that said sidetrack or switch shall
not extend for a greater distance than
1320 feet. All franchises or privilege*
heretofore granted, wdtich are not lu
acitiAl use or enjoymont or tvhich the
grantees thereof have not in good faith
commenced to exercise at the time of tho
adoption of this act, are hereby declare*?
forfeited and of no validity, and it shall
be the duty of the commission to carry
out the provisions of this section by tho
enactment of ordinances repealing said
franchises, provided this section shall not
apply to any franchise In which the ordi
nance granting the same shall have fixel
a time within which work shall com
mence or be completed thereunder, and
.such time shall not have expired at the
time of the adoption of this act. No ex
clusive franchise shall ever be granted,
and no franchise shall ever bo granted
for a longer term than 30 years, and no
fianchtse Hhall ho renewed before one
and one-half years of its expiration. When
ans person or corporation holding a fran
chise for tho location, construction or
op oration of a railroad over a portion
of any Ktreet. and said franchise has
not expired, shall subsequently apply for
a tranchlso to locate, construct or op
erate a railroad on any portion of the
t-arne street or upon any other street in
connection therewith, said s.'cond fran
chise shall only be granted for tho un
expired term of first franchise. No such
g*unt, right, privilege or franchise shall
ever he mado to any person, firm, cor
poration or association unless It provides
for adequate compensation or considera
tion therefor to be paid to such city, and
lu addition to any other form of
compensation, any such grantee
sbfdl pay annually such fixed
charge as may be prescribed in
tho franchise ordinance. Whenever any
such grant, right, privilege or franchise
provides for the payment of a per cetu
of the gross receipts, such grantee shall
make and report to the commission all
Its gross earnings once in six months,
and pay into the treasury the amounts
due such city at the time said report
is made. Raid commission shall also have
access to and the rlgjit to examine all
Looks, receipts, files, records and docu
ments of any such grantees to verify the
correctness of such semi-annual state
ments and to correct the same if found
to he erroneous. If such statement of
earnings he Incorrect, then such payment
shall be made upon such corrected state
ment. Every ordinance granting uny
franchise may provide that at the expira
tion of tho period for which the franchise
was granted, or at any time before, is
stated in the ordinance, the city, at its
election and upon the paymont of a fair
valuation therefor, to bo made In thi
manner provided in the ordinance mat.
Ing the grant, may purchase and take
over to itself the property and plant 01
the grantee In its entirety, but in no casa
shall the value of the franchise of th*i
grantee be considered or taken into ac
count in fixing such valuation. Or it
may be provided In the ordinance grant
ing any franchise that the property and 1
plant of the grantee shall at tho expira
tion of the period for which the franchise
whs granted, become the property of tho
city, without any compensation to tho
grantee. Every ordinance granting any
franchise may further provide that upon
the payment by the city of a fair valua
tion In the manner provided In the ordi
nance, the plant and the property of the
grantee shall become the property of tho
<dty by virtue of the grant In payment
\t*icreunder, and without tho execution of
any instrument or conveyance; or In case
It is provided In the ordinance granting
any franchise that the property and
plant of the grantee Bhall, at the explra
tir n of the period for which it was grant
ed. become the property of tho city with
out any compensation to the grantee, the
property and plant of the grantee shall
then become the property of the city by
vlrtuo of the grunt and without the execu
tion of any instrument or conveyance. No
franchise granted by the city shall ever
be leased, assigned or otherwise alienated
without the express consent of the city,
and no dealing with the lessee or assignee
on the part of the city to require the
performance of any act or payment of
any compensation by the lessee or as
signee, shall be deemed to operate as
such consent. Where the municipality *s
the owner of and operates a public utility
plant, no franchise shall be granted to
any person or corporation to operate any
competitive plant unless approved first
by a vote of the majority of the qualified
eloctors of such municipality, at an elec
tion held in accordance with the pro
visions of this act.
8ec. 8Vfc. That for the advancement of
the Interest of\he city the commissioner*
inay make expenditures lor the advertise
mont of the advantages of the locality
and may make contributions together
with its commercial organisation for that
purpose.
Sec. f). Ill Averv citv nhlell Hhall hAnnmd
organised according to the provisions of
this act, an initial election shall be held
on the third Monday in September, 1915,
and when no majority Is secured, then an
election shall be had as provided in sec
tic n 10 or this act, and on the third Mon
day in September ot every succeeding
fourth year for tile election of three com
mivsloners, and of the three commission
ers elected that one who received the
highest number of votes at the initial
election shall be president of the com
lulsilon, and shall have all the power*
of the president herein provided for in
this act. Tlie commissioners then elected
shall hold office for the term of four
years from tho first Monday In October,
1915, and until their successors are elected
and shall qualify for office. Any peraou
desiring to become a. candt^pte at any
election, except thoso .bv the commission,
which may be held according to the terms
of this act for the office of commissioner
to be elected, may become such candidate
by filing in the office of the judge of
piubate of the oounty in which said city
is situated, a statement of suoh candidacy,
accompanied by affidavit, token and cer
tified by Bald judge of probate, or by a
notary public, that such person is duly
qualified to hold the of floe for which lie
dcMrea to become a candidate. Such
statement Bhall be filed at least 21 days
before the day set for euch election, and •
(hall be eubstantlally In the following
farm: State of Alabama. - county.
1. -. the underelgned being duly
eworn, depose and say that I am a altloen
of the olty of - In Bald etate and
oounty and reeide at - In (old city.
That I deelro to become a candidate for
the office of-in the eald city for tho
term of - year*, at the election tor
eald office to be held on tho - day
of -, next; that I am duly qualified
to bold eald office If elected thereto; ana
I hereby request that my name be printed
on the official ballot of eald election.
(Signed.)-. Subearibed ana (worn to
before me by said-on thia-dap
of --. 19—, and filed In thin
office for record on eald dap. ■
Judge of probata, or notary pabtlo, aa
the oaae may be. Sold statement (kail
be accompanied by a petition elgnod bp
at leant U9 porno ne, who (ball boqunUs
s