The Birmingham age-herald. [volume], March 18, 1915, Page 6, Image 16

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

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fled to vote at said coming election, re
questing that su-ch person become a can
didate for said office at said election.
The signers to said petition shall set
forth their names in full, and their
residence, addresses and said petition
shall be substantially like the following
form: “We, the undersigned, duly quali
fied electors of the city of -, and
residing at the places set opposite our
respective names. dQ hereby request that
the name of-he placed on the offi
cial ballot as a candidate ror the office
of ■ — ■ in said city for the term of
-years, at the election to be held in
this city on the - day of -, next.
We further state that we know said
- to possess the qualifications neces
sary for said office, and to be, in our
judgment, a fit and proper person to
hold the said office. Witness our hands
on this the-day of-At every
such election all ballots to be used by
the voters shall be printed and prepared
by the said city, and at its expense,
and shall contain the names of all the
candidates, placed in alphabetical order,
directly underneath the words: "For
commissioners for the term of-. Vote
for -(inserting number of commis
sioners to be elected). No name shall
appear upon the ballot as a candidate
m for election except the names of such
persons as have become candidates ac
cording to the provisions as above set
forth. And no ballots shall be used at
any such election except the official
ballot prepared by the city. The Inspec
tors, clerks, and other officers at every
such election shall be appointed by the
board of public safety of any such city,
fexcept as otherwise provided in this
art, the election for members of the
board of commissioners of any such city
shall be held and conducted in the same
manner and under the same conditions
as provided by law for municipal elec
tions in cities and towns of this state,
as provided in Art. S, chap. 32, of the
code of Alabama, 1907.
Sec. 10. At every election each voter
ahall vote for one candidate for each
office to be filled and no ballot shall be
counted which fails to comply with this
requirement, and the candidate receiv-1
tng the highest number of votes fori
such office shall lie elected thereto, pro
vided he receives a majority of all the
votes cast for such office. In case no
one or more of such candidates shall
receive a majority of all such votes
cast for the office for which he Is a
candidate, another election shall be held
qn the same day of the following week
for said office, at which not. more than
twice the number of candidates for tlffc
several offices to be filled shall be voted
for, being those who received the highest
number of votes in said election. The
candidate receiving the highest number
of votes at such election shall bo de
clared elected.
Sec. 13. NO person shall be eligible
to the office of president or member of
the board of commissioners of any such
city who is under the age of 25 yeai. ,
or who is not duly qualified to vote in
said city, or who shall, either by election
or appointment, have held the office of
president or member of the board of
commissioners of any such city, three
consecutive years, within the four years
immediately preceding the date of the
election for members of the board of
commissioners. Tn case any person after
he shall have been elected and duly
qualified as such commissioner shall be
declared ineligible to hold such office, a
successor shall be chosen as in case of
a vacancy by death, resignation or any
Sec. 12. Every person who shall b«i
elected to the yffice of commissioner
in any city organized according to the
provisions of this act, shall on or be
fore the first Monday of the month
succeeding his election, qualify by
making oath that he is eligible for
said office, and will execute the du
ties of the same according to the best
of his knowledge and ability. Said
oath shall be administered by the re
tiring mayor or president of the board
of commissioners of such city or by a
notary public. The terms of office of
every said commissioner shall begin
on the first Monday of October suc
ceeding the election, except as may
be otherwise expressly provided by
tKs act. Each commissioner shall be
fore entering upon the duties of his
office give a good .and sufficient bond,
which may be executed by a bonding
company' authorized to do business in !
Alabama, payable to and for the use :
and benefit of any such city, in the
sum of $5000, conditioned for the faith
ful discharge of his duties and that
he will save such city harmless from
all loss caused by his neglect of duty
or misfeasance in office or for the
wilful expenditure of any' money's of
fcuch city, in violation of law, and said
bond before being accepted shall be
approved by the judge of probate in
end for the county wherein such city
Is situated. The premiums on said
bond shall be paid out of tin? city
treasury. No member of the commis
sion nor any person holding an ot
fice of profit tinder them shall hold
any office of profit or trust under the
law's of any state or the United .States,
or hold any county or other city of
fice, nor shall the commission or any
commissioner ever be elected or ap
pointed to any office created by or the
compensation of which was increased
or fixed by the commission while h<
wras a member thereof within two
years therefrom.
Sec. 13. The qualified voters of any
city organized acording to the terms
of this act may at any time file with j
the board of commissioners of such .
city at any regular meeting of said
hoard a petition or petitions asking
for the resignation of any commission
er of said city. Such petition shall
contain a general statement of its ob
ject and each signer shall add, after
liis signature and opposite thereto, h.s
residence address. In case such pe
tition shall be signed by at least 1000
voters, duly qualified to vote for a
successor to said office, and said of
ficer shall not on or before the next
regular meeting of said board resign
from office, then said board at such
meeting shall order an election to be
held not less than 30 days or more than
40 days from the date of said meeting,
at which election a successor to such
officer to hold office for his unex
pired term shall be voted for. At such
election the person sought to be re
moved from office shall be a candi
date to succeed himself and hla name
thall be placed upon the official bal
lot without any affirmative action on
his part. Notice of such election bhall
be given by publication once a week
for three successive weeks In some
newspaper published in said city. The
person who shail be elected *o such
office shall hold same for the unex
pired term thereof, and if the person
so elected be the encumbent whose
removal has been requested, then lie
shall continue in office as though such
petition had not been filed or such
election held.
Bee. 18J/i. No ordinance passed by
the commission, except when other
wise required by the general laws
of the state or by the provisions of
this act, except an ordinance for the
immediate preservation of the public
health or safety, which contains a
statement of its urgency and is passed
by a unanimous vot« of the commls
,i on shall go Into effect before 10
days from the time of the final pas
sage. and if during said H days
a petition signed by electors of
the city equal in number to at
least 26 per centum of the entire vote
cast at the last general municipal elec
tion held In said city protesting against
the passage of said ordinance be pre
sented to the commission, the same shall
thereupon be suspended from going Into
operation, and it shall be the duty of the
commission to reconsider such ordinance;
and If the same Is not entirely repealed,
the commission shall submit the ordi
nance to the vote of the electors of the
city, either at the general election or at
a special municipal election to be called
for that purpose, and such ordinance
shall not go Into effect or become opera
tive unless a majority of the qualified
electors voting on the same shall vote In
favor thereof. Bald petition and election
shall be In all respects In accordance with
the provision of section 13, except as to
the percentage of signers, and be ex
amined and certified to by the clerk In
all respects as thsrsla provided. Bald
heard of commissioners shall have the ex
elusive right to regulate or permit within
the police jurisdiction of any such city
the playing of any game or amusement
on Sunday, and any law in conflict with
this provision, in so far as same relates
to any city of this class, is hereby re
pealed.
Sec. 14. Whenever any vacancy shall oc
cur in the office of the president of the
board or other commissioner of any city
organized under the terms of this act,
then his successor shall be appointed oy
the governor, livery person who shall
be appointed to the office of president of
the board or other commissioner of such
city, under the provisions of this sec
tion, or of the preceding sections, shall
qualify for office as soon as practicable
after such appointment and shall be
clothed with the duties and responsibili
ties and powers of such office immediate
ly upon such qualification. He shall hold
office for the unexpired term of ins prede
cessor.
Sec. 16. Until the first Monday in Octo
ber, 1915, the salary of the president of
the commission shall be $4500 per annum,
payable in monthly installmc its at the
end of every calendar month out of the
city treasury. After the first Monday
in October, 1916, the salary of the presi
dent of the commission shall be $3000 per
annum, payable in monthly installments
of $260 at the end of every calendar
month, out of the city treasury. The sal
ary of each of the other commissioners
shall be $3000 per annum each, and shall
be puid out of the city tieasury, in month
ly installments of $260 at the end of each
calendar month, provided, that absence
for 40 consecutive days of any commis
sioner from the county in which any such
city is situated, shall vacate ms office,
and the judge of probate of such county
shall certify the vacancy to the governor.
Sec. IK. The employes of cities organized
under this act shall, except as herein
otherwise provided, be elected by the com
missioners solely cn account of their fit
ness and without regard to their political
affiliations. It shall be unlawful to hold
party caucuses or primaries for the pur
pose of nominating any commissioner or
uny officer or employe of such city and
any person who shall solicit or accept a
party nomination for said offices shall
be thereby rendered ineligible for such
office or any other office under said city
for a period of one year thereafter.
Sec. 17. Jt shall be unlawful for any
candidate for office or any oflicer in such
city directly or indirectly to give or prom
ise any person or persons any office, po
sition, employment, benefit or anything
of value for the purpose of influencing
or obtaining the political support, aid or
vote of any person or persons. Every
commissioner elected by popular vote in
any such city shall, within 30 days after
qualifying, file with the judge of probate
of the county, and the same shall be pub
lished at least once in a newspaper ot
general circulation in such city, his sworn
itemized statement of all his election and
campaigning expenses and by whom such
funds were contributed. Any violation of
the provisions of this section shall he a
misdemeanor, punishable by a fine of
not more than $300 and be a ground for
removal from office.
or appointed In any such city shall be
interested, directly or indirectly, in any
contract for work or materi .1, for the
profits thereof, or services to be furnished
or performed for the city; and no such
officer or employe shall be interested,
directly or indirectly, in any contract for
work or materials or the profits thereof
or services to be furnished or performed
for any person, firm or corporation oper
ating interurban railway, r.treet rail
way, gas works, electric light or
power plant, heating plant, telegraph
line or telephone exchange witnin the ter
ritorial limits of said city. No such com
missioner or other official of sue* city
shall be interested in, or any employe
or attorney of, any corporation operat
ing any public service utility herein
above mentioned and described in this
section wdthin said city. No such officer
or employe shall accept or receive, di
rectly or indirectly, from any person,
firm or corporation, operating within the
territorial limits of said city, any in
terurban railway, railway, street railway,
I gasworks, waterworks, electric light or
power plant, heating plant, telegraph line,
or telephone exchange, or other business
using or operating under a public fran
chise, any frank, free pass, free ticket
or free service, or accept or receive, di
rectly or indirectly, from any such per
son, firm or corporation, any gift or
other thing of value or any service upon
terms more favorable than are granted
to the public generally. Any violation of
the provisions of this section shall he a
misdemeanor, and upon conviction there
of. the guilty person shall he punished
by a fine of not less than $100 nor more
than $300, and may be imprisoned in tbe
county jail for not more than 90 days.
Every such contract or agreement shall
be void. Such prohibition of free trans
portation shall not apply to policeman
or fireman In uniform, nor to policemen
in the discharge of their duty, nor shall
any free service to city officials hereto
fore provided by any franchise or ordi
nance be affected by this section. Any
officer or employe of such city, who by
solicitation or otherwise shall exert his
influence, directly or indirectly, to influ
ence other officers or employes of such
city to favor any particular person or
candidate for office of commissioner of
said city or who shall in any manner
contribute money, labor, or other valu
able thing to aid in the election of any
person as commissioner of said city shall
be guilty of a misdemeanor, and upon
conviction shall be punished by a fine
of not exceeding $3<*) and may also be
imprisoned in the county jail for a term
not exceeding 30 days.
Sec. 18V£. That all police officers and
policemen, all officers of the fire de
partment and firemen in any city organ
ized under the provisions of this act who
shall have honorably served in and been
a member of the police or fire depart
ment of any such city, or of the munic
ipal organization, for 20 years continu
ously. which such city has immediately
succeeded, and wrho shall have attained
the age of 50 years, shall upon his ap
plication in writing to the commission of
such city, be relieved and retired from
active service in such police department
or fire department, upon half pay, that
is to say, said policeman or fireman upon
being so retired, shall receive and be
paid for and during his natural life an
amount of money equal to one-half the
salary or pay which such policeman or
fireman was receiving at the time of
making such application, the same to
be paid monthly out of any funds that
may be in the treasury of such city, not
otherwise appropriated, provided, that
the amount to be paid to any one em
ploye hereunder shall not exceed $40 per
month. That any officer or policeman
or fireman in any such city who shall
have become permanently disabled, by
reason of any injury received while In
the service as a member of said police
or fire department, shall, upon his ap
plication in writing to the board of com
missioners be relieved and retired from
active service in said ponce or fire de
partments upon half pay, that is to say,
such fireman or policeman, upon being
so retired, shall receive each month an
amount of money equal to one-half the
salary or pay which such fireman or
policeman was receiving at the time of
receiving such injury while in the dis
charge of his duties as an officer, the
same to be paid, monthly, out of
any funds in the city treasury
The board of commissioners shall do
termlne and pass upon whether such
disability complained of is permanent
or not, and to this end shall receive
any evidence In testimony offered by
such applicant and may hear and con
sider any other testimony or evidence
which the said commission or other
body shall cause to come before it.
and shall render Judgment in said
cause, which shall be kept in the min
utes of the proceedings of such com
mission. Whenever it shall come to the
knowledge of such commission that
any fireman or policeman whom they
had adjudged to be permanently dis
a bled has recovered from such disa
bility, so as to enable him to earn a
livelihood, then the commission may
reconsider its former action and *.vith
draw from such fireman or policeman
for the future, the aforesaid half pay.
Provided further, that the monthly
payment to any fireman or policeman
on account of permanent disability as
provided in thia section shall not ex
\ J
ceed. as to any one such fireman 01
policeman, the sum of $40 per month
The board of commissioners is author
ized to make all necessary or prop*-]
rules and regulations effectuating th<
intention of this section. Any officei
or policeman who shall avail himsel]
of the provisions of this section ahal
nevertheless remain members of sale
police department and while rolievei
of regular duty shall constitute a re
serve of said police department, an.;
be at all times subject to .the perform
ance of any duty that may be required
by the governing body of said city
provided that no such fireman or po
liceman who possesses independent
means of livelihood shall come within
the provisions of this section.
Sec. 19. The commission shall each
month print in pamphlet form a de
tailed statement of all receipts and ex
penses of the city and a summary ol
its proceedings during the preceding
month, and furnish printed copies
thereof to the daily newspaper of the
city and to persons who apply there
for. At the end of each year the
commission shall cause >a full and
complete examination of all the books
and accounts of the city to be made
by competent accountants and shall
publish the result of such examina
tion in the manner above provided for
publication of statements of monthly
t xpenditures. And the governor is au
thorized any time to have all the books
and accounts of hucIi city examined by
state examiner of public accounts, the
cost of such examination to be paid by
such city, upon the presentation to
the president of the board of commis
sioners of such city of a duly verified
statement of such expenses made by
such examiner of public accounts, ap
proved by the governor.
Kec. 20. Any person offering to give
a bribe, either in money or other con
sideration, to any voter for the pur
pose of influencing his vote at any
election provided for in this act, or
any voter entitled to vote at such elec
tion, receiving and accepting such
bribe or other consideration, any per
son making false answer to any of
the provisions of this act relative to
his qualifications to vote at said elec
tion (any election), any pera.m wil
fully voting or offering to vote at
such election who has not been a res
ident of this state for two years next
I receding such election, or who is nor.
21 years of age or not a citizen cf the
United States, or knowing himself not
to be a qualified voter of such pre
cinct, where he offers to vote, any per
son knowingly procuring, aiding or
abetting any violations thereof, shall
be deemed guilty of a misdemeanor
and upon conviction shall be fined a
sum of not less than $100 nor more
than $500, and may be imprisoned in
tiie county jail for not less than lo
nor more than 90 days.
Sec. 21. Any employe of any such
city who solicits support for any can
vuimniBioner or any such
employe who shall endeavor to in •
fiutnce any voter to vote for or against
any candidate for commissioner, shall
he deemed guilty of a misdemeanor
and on conviction shall be fined not
less than $10 nor more than $50, and
may also be imprisoned in the
county jail for not more than 10 clays.
Justices of the peace and judges of
the inferior courts shall, within
their respective territories, have jurisdic
tion of this offense, and any person con
victed of violating the provisions of this
section, shall be ineligible to hold office
di- employment under such city for two
years succeeding such conviction.
Sec. 21^. The board of commissioners
shall not elect a recorder In any such
city, and the office of recorder therein
is a separate office is hereby abolished;
nor shall they pay for the services of
any person as recorder, but the said board
of commissioners shall designate one of
their number to act without compensa
tion as recorder, which designation may
be changed from time to time, and any of
the commissioners may alternate in the
performance of the duties of recorder,
and when said commissioner is acting as
recorder, he shall have the powers and
jurisdiction conferred by law upon record
ers by the laws of Alabama. No fines,
penalties or other final punishment fixtM
by such recorder shall be set aside ex
cept with the consent and sanction of
two of the commissioners in writing, set
ting forth the reasons for such action.
The commission shall keep a record of
such remissions in a well-bound book,
which shall be open to the public inspec
tion.
Sec. 22. All general laws of this state
regulating and prescribing the conduct
of municipal elections, and the qualifica
tions and registration of voters thereat,
shall apply to elections hereinunder,
except so far as expressly modified
herein.
fc>ec. 23. The judge of probate of the
county in which are located the cities
covered by this act shall record in a
well-bound book kept for that purpose all
papers required to be filed with him
under the terms of this act, and shall
receive therefor the compensation al
lowed by law for recording deeds.
Sec. 24. 'It shall be unlawful for any
candidate for commissioner, or for any
(ther person in his behalf, to hire, or
pay, or agree Co pay, any person to solicit
votes at the polls on election, and unlaw
ful for any person to accept such hire,
or make such contract for pay to solicit
votes for commissioner, and any person
violating this section shall be guilty of
a misdemeanor, and may be punished by
a fine not to exceed $500 for each offense,
and the candidate violating this section
shall thereby be disqualified for and ren
dered ineligible to the office sought.
Sec. 25. No candidate for the office of
commissioner can lawfully expend more
than $100o of his own funds, and of funds
contributed by others in aiding his can
didacy in any one election. Any person
violating the provision of this section
shall thereby be disqualified from holding
said office, if successful, and his election
may be contested on that ground. No
person but a qualified voter shall sign
any petition authorized by this act. All
petitions must contain the certificate of
the probate judge as to the requisite
number of voters required, and it shall
be the duty of the probate judge of the
county to ascertain that such petition
does contain the requisite number of
voters and attach his certificate to such
petition. The probate judge shall re
ceive as compensation for such service 10
cents for each name up to and including
100, and 2 cents for each name over that
number which said petition may contain.
Security for the payment of such cost to
be approved by the probate judge must
be given at the time of the presentation
of the petition by the person or persona
flliiy? the same.
Sec. 26. The petitions provided by tills
act may be by a number of separate in
st/uments as well as by one instrument.
No person but a qualified voter shall
sign any petition provided by this act.
And no person shall sign the name of
another to any such petition whether
with or without authority, and no person
shall sign more than one separate in
strument as a petition for any single pur
pose herein provided. Any violation of
the foregoing provisions of this section
Shall constitute a misdemeanor punish
able by fine not to exceed $300. No quali
fied voter who has signed any petition
provided for herein can withdraw his sig
nature.
Sec. 27. There is hereby created a
“board of public safety" for every such
city, whose term of office, except as
otherwise provided in this act, shall
be four years, and until their succes
sors are elected and qualified. 5a id
board shall take office on the first
Monday after their election. The said
board shall consist of three members,
to be elected as herein provided. The
members of said board of public safe
ty shall be elected by the state sen
ate of Alabama, on the first legisla
tive day after this act becomes ef
fective, immediately after the approval
of the journal, or failing an election
on such day, on such other duy as the
state senate may .designate, to be
elected by a majority vote of the
members present and in like manner
on the fifth legislative day of session
of the legislature of Alabama of 191:*,
and every four years thereafter on the
ffth legislative day of each subsequent
session of the legislature of Alabama
and the secretary of the senate shall
Immediately certify such election to
the governor. The board of public
safety so elected shall carve without
compensation and shall elect one of
their number as chairman. They shall
each take an oath of office before an
officer authorized to administer oaths,
to well and truly perform the duties
of their office, and to use all diligence
and care in engaging in the police and
tire departments of said city only
men of honesty, Intelligence and abil
ity, and to neither discharge nor ap
point any person for any considera
tion personal to themselves. They shall
• hen enter upon the discharge of their
duties prescribed in this act. No per
son shall be eligible to be a member
of the board of public safety of any
such city who is not a qualified voter
of said city or who is not over the
age of 25 years. Said board of public
safety shall elect a chief of the police
department and a chief of the lire de
partment of said city, each of whom
shall be subject to removal or suspen
sion by a majority of said board of
public safety. The said chiefs in their
respective departments shall appoint
and discharge and suspend all officers
and members of the police department
and of the fire department in any such
city, subject to the approval of the
board of public safety. The board of
public safety shall have complete and
exclusive control and authority in and
over said departments and the oper
ation of said departments, ami upon
the assumption of office of the board
of public safety, said departments are
hereby removed from the control or
direction of the city commissioners, ex
cept as in tills act otherwise provided.
Each person appointed by said chief
of the police department and chief of
the fire department, respectively, sub
ject to the approval of the board of
public safety, shall possess sucli qual
ifications as may be prescribed by said
board of public safety and the chief
of the fire department and the chief
of the police department, respectively,
subject to the approval of the said
board of public safety, shall fill all
vacancies in their respective depart
ments with persons so qualified. The
said board of public safety shall have
the power to lncresae or decrease the
number of officers and members of
the police and fire departments, either
temporarily or permanently, us in their
discretion they may deem best for the
interest of said city. The said board
of public safety shall adopt rules for
the transaction of business and rules
and regulations for the trial of charges
against any officer, or member
of the police or fire depart
ments and for the general conduct
and operation of such departments. A
majority of the members of said board of
public safety shall be sufficient to direct
its action. The salary of the officers
and members of said department" shall
be paid out of the treasury of any such
city upon the order of said board of pub
lic safety; said order shall be signed by
the chairman or acting chairman of the
said board of public safety, and shall
state the name and position of the payee
and the amount to be paid, and shall be
addressed to the treasurer of any such
city, or other disbursing officer of any
such city, who is hereby required to pay
same out of the funds of the city; upon
the presentation thereof, on the indorse
ment of the payee therein. The salary
of the officers and members of said de
partments shall be as follows: In the
police department, a chief at $185 per
month; a captain, $125 per month; detec
tives, $90 per month; sergeants. $100 per
month; patrolmen, $75 per month for the
first two years of their services, and $80
per month thereafter. In the fire de
i»cii imciii, n&o ptT mourn ior a cniei;
$112.50 per month for an assistant chief;
$85 per month for captains or engineers,
each; $65 per month for firemen for the
first two years of their service and $<0
per month thereafter, and -,i5 per month
for drivers; provided that the salaries
designated above, in this section may be
changed by said board of public safety
subject to the approval of the board of
commissioners, or any such city. All of
iuch salaries, except as in this section
otherwise provided, to be paid as now
provided by law for the payment of em
ployes of any such city. That the board
of commissioners of any such city shall
provide an appropriate office room for
the meetings of and discharge of the
business of said board of public safety.
That in the event of a vacancy occur
ring in said board of public safety, the
governor of Alabama shall appoint a
qualified person to fill the vacancy for
the unexplred term of his predecessor; the
resignation of any member of the board
of public safety shall be presented to the
governor of Alabama. That said board
•of public safety shall meet at least once
each month, and oftener as they may
themselves prescribe. The naming, desig
nating of duties, direction and control
of the members of the police and fire
departments in any such city shall lie
in the chiefs of the respective depart
ments, subject to the approval of the
said board of public safety. It is hereby
expressly made the duty of the said board
of commissioners of any such city to
make all proper provision and provide
for the equipment, maintenance, opera
tion, quartering, supplies and appropria
tions to defray the expenses oi operation
of such department, to be paid out of
the funds of the city, where not in con
flict with the provisions of this act, with
in three days from the date such action
is requested in writing of the board of
commissioners by the board of public
safety. The board of public safety snail
be commissioned by the governor of Ala
bama, upon their election or appoint
ment. No purchase of supplies or equip
ment for either of said departments ex
ceeding $600 at one time shall be made
by said board of commissioners without
the written approval of the board of pub
lic safety. The said board of public safe
ty is hereby vested with the power and
authority to employ counsel to make ef
fective and to enforce the provisions of
this act, with reference to the board of
public safety, when in the judgment of
the bftard of public safety it becomes
necessary so to do, and such city shall
pay the reasonable value of such services.
Sec. 27%. Any city which shall have
operated for more than four years
under the provisions of this act, may
abandon such organization hereunder
end accept the provisions of the gen
eral law of the state then applicable
to cities of Its population by proceed
ing as follows: Upon the petition of
not less than 2000 qualified electors of
such city a special election shall be
called at which the following propo
sition only shall be submitted: “Shall
the city of - abandon its present
organization and become a city under
the general law's governing cities of
like population?" If a majority of the
votes cast at such special election shall
be in favor of such proposition, the
officers elected at the next succeeding
biennial election shall be those then
prescribed by the general law of the
state for cities of like population and
upon the qualification of such officers
such city shall become a city under
such general law' of the state and the
terms of office of the city under the
commission shall expire. The suffi
ciency of such petition shall be de
termined, the election ordered and con
ducted and the results declared as pro
vided in this act for other special
elections, in so far as the provisions
thereof are applicable. If any lection
or provision of this act shall be held
to be void or unconstitutional, It shall
not affect nor destroy the validity or
constitutionality of any other section
or provision of such act which is not of
itself void or unconstitutional.
Sec. 28. All laws and parts of laws,
both local and general, in conflict with
the provisions of this act, are express
ly repealed. This act shall take effect
Immediately.
Passed over the governor’s veto,
February 5, 1916.
Official:
JOHN PURIFOY,
Secretary of State.
No. 107) AN ACT <S. 103
For the preservation of the oyster reefs
in the waters of Alabama; to regulate
the manner and time of taking and
catching oysters from the public waters
of the state; to prescribe and regulate
the measure of oysters bought and sold
in the shell; to provide for the leasing
of water bottoms owned by the state;
to fix penalties for the violations of
the provisions of this act; to fix and
prescribe the license to be paid by can
ning factories and wholesale dealers la
i oysters; and boats frelgntea and catch
ing same; to provide for the repeal ol
all laws in conflict with the provisions
of this act and particularly the acts
approved April 18. 1911, and August 27,
1909, providing, among other things, for
the creation of an oyster commission.
Section 1. Be it enacted by the legis
lature of Alabama, that all the beds and
bottoms of the rivers, bayqpis, lagoons,
lakes, bays, sounds, and inlets within
the jurisdiction of tile state of Alabama
are declared to be the property of the
state of Alabama, to be held in trust for
the people thereof, but the owners of
land fronting on such waters, where oys
ters may be grown, shall have the right
to plant and gather same in the waters
in front, of their land, to the distance of
600 yards from the shore, measured from
the average low water mar*, but where
the distance from shore to shore is less
than 1200 yards, the owners of either
shore may plant and gather to a line
equidistant between the two 'shores, but
no person shall plant in any natural
channel so as to interfere with naviga
tion; the respective owners shall plant
within lines extended Into the water from
points where their boundaries intersect
the shore, as nearly as practicable, "it*
a mean width corresponding with tlielr
respective frontages on the shore, but
should the lines thus extended cross each
other, or seriously interfere with obtain
ing such mean width, then a‘ line equi
distant from the shore lines of the re
spective owners shall be the boundary
between such planting grounds. No ripa
rian right shall vest in any person to
any part of the natural and public reefs.
Sec. 2. Be it further enacted, that sub
ject to the provisions of tfits act, the
regulation and control of the oyster bot
toms of this state, not within the 600
yard limit above referred to, shall be
under the direction and control of the sec
retary of state of Alabama, who shall, as
occasion may demand, employ a com
petent surveyor to plat the oyster bot
toms of this state in the townships, sec
tions and quarter sections in lines con
forming to the United States land sur
vey, and may lease the same, except
public reefs, as hereinafter provided.
Sec. 3. Be it further enacted, That any
bona fide resident citizen of the state of
Alabama may lease not exceeding 100
acres, by making application in writing
to the secretary of state, accompanied
by a fee of $5, whereupon a competent
surveyor, selected by said chief inspec
tor, at the expense of the applicant, shall
stake off the parcel to be leased, for
warding a description thereof to the de
partment, which shall thereupon issue
to said applicant a lease thereon, upon
the payment in advance of a rental at
the late of $1 per acre for one year, and
which shall likewise be paid in advance,
at the beginning of each rental year there
after during the continuation of such
lease, which shall be so long as such
rent is paid, but not more than 20 years,
and they to have option of renewal of
lease. The rental year shall begin March
1. Upon forfeiture, however, the lessee
may, in the reasonable discretion of said
secretary of state, be allowed additional
t’me to remove from said leased parcel,
as may seem proper, upon such terms
as may be prescribed by him, oysters re
maining thereon which were planted by
said lessee. Any persons now holding
a lease upon oyster bottoms may obtain
a lease thereon In accordance with the
terms of this act, provided the same
does not exceed 100 acres, by surrendering
to said department their present lease,
accompanied by said fee of $5, and all rent
due under said lease, together with the
payment, in advance, of the rental for the
ensuing year, as hereinbefore provided,
and all parties holding under lease more
tha.i 100 acres, may continue to hold same
under the terms of their leases, but should
they, at any time, desire to surrender
any portion thereof, they may. in like
manner, surrender their said leases, and
take out a new lease under the terms
of this act, for 100 acres or less, but
sliail pay the expenses of staking off
the portion included in the new * lease.
They shall also surrender their old leases,
accompanied by a fee of $6, and the
amount of rental for the ensuing year,
on the acreage included in the new* lease,
as well as any amount due under the
i old lease. All leases Issued under the
provisions of this act, shall stipulate that
not less than an average of not less than
10 barrels shall be planted by the lessees
upon the lands so leased, and that affi
davit, signed by the lessee and two wit
nesses, shall be made to the chief Inspec
tor before November 1 of each year, that
this has been done, and that the lands
so leased are in a good state of cultiva
tion, and that a failure to comply with
this provision shall work a forfeiture of
said lease. All wholesale dealers in oys
ters shall pay to the chief oyster inspec
tor a license of $25 per year, and canning
factories, $500 per year, for the privilege
of conducting such business in the state.
Any dealer disposing of one barrel of
oystes in the shell, or 1000 oysters after
they have been opened, at one sale, shall
be deemed a wholesale dealer.
Sec. 4. The governor shall appoint a
public reef warden, whose duty it shall be
to see that all oysters taken from the
public reefs are properly culled, and that
all the provisions of this act relative to
public reefs are enforced. Said reef war
den shall be a man thoroughly familiar
with the catching and handling of oysters
a bona fide citizen of the state of Ala
bama residing on the coast, and his ap
plication shall be accompanied by a peti
tion signed by not less than 100 citizens of
Alabama directly interested in the oyster
industry, unless by reason of
the number of applicants no one shall be
able to secure so many signatures, in
v hich event the governor shall appoint
such one as he shall consider most com
petent. The compensation of v the said
warden shall be $125 per montm, payable
monthly on warrant Issued by the state
auditor out of the funds collected under
this act. His term of office shall be
four years and until his successor Is ap
pointed, and he may be removed at the
pleasure of the governor. Said warden
shall enter into bond in the penal sum
of $1000 payable to the state of Ala
bama, providing that he shall faithfully
perform his duties and be responsible to
all parties suffering injuries through the
commission by him of any wrongful act
under the cover of his office, which shall
be filed with and approved by the secre
tary of state. He shall &lso before enter
ing upon his duties take an oath to faith
fully discharge the duties of the office
upon which he is about to enter, which
shall likewise be filed with the secretary
of state. He shall provide and main
tain at his own expense a power boat
and shall visit the public reefs dally
during the open season, wheather per
mitting. He shall be authorized to em
ploy and discharge an assistant inspector
who shall receive a salary of $50 per
month during the open season, payable
in the same manner as that of the chief
| inspector. Said chief and deputy inspec
tors shall have the powers and authority
of deputy sheriffs, and it shall be their
duty to arrest and prosecute all person*
violating any of the provisions of this
act ,and it shall be the duty of the solici
tor of the county in which such prosecu
tion is maintained to conduct such prose
cution. Said chief Inspector shall make
to the secretary of state a monthly re
port showing all licenses issued and li
censes collected by him during the pre
ceding month, remitting same to the sec
retary of state, and he shall report the
number of visitations to the reefs, and
generally all the duties performed by him
during the month.
Sec. 5. Be it further enacted, That no
one shall catch oysters from the public
reefs who has not been a bona fide resi
dent citizen of the state of Alabama for
12 months next prior to such time.
Section 6. Be it further enacted, That
dredging shall not be permitted upon the
public reefs of this state. All oysters
must be taken therefrom by oyster tongs
manipulated hv hand. Oysters taken from
the public reefs for shucking or market
shall be not less than two and a half
Inches from hinge to mouth, aftd not less
than two Inches wide. Oysters taken from
the public reefs shall be culled thereon,
and the small oysters and dead shells
returned thereto, except such as may be
lawfully used for planting purposes and
this must be done in such manner that
the oysters so returned will not be piled
so thickly as to smother or destroy those
underneath.
Sec. 7. Be it further enacted. That the
closed season for taking oysters from
the public reefs shall be June 1 to Sep
tember 1« during which time no oysters
shail be taken therefrom, and it shall be
the duty of the solicitor to obtain infor
mation of and submit to the grand jury,
any violation of this clause, and said
grand jury shall indict should the evi
dence Justify it.
Sec. 8. Be it further enacted, that the
standard measure for oysters is hereby
established, which said measure shall con
slst of a tub or other round vessel of the
following dimensions, to-wit: It shall
measure 17 inches in diameter inside of
the bottom and 21^ inches in diameter
inside at the top, and 14 inches inside from
bottom to top, or*a box containing the
equivalent number of cubic inches, or a
box 20x20x12.61 inches. Two of these
measures filled to the top shall make one
barrel, and all oysters bought and sold
in this state in the shell shall be meas
ured in a measure of these dimensions,
or a measure holding a fraction or multi
ple thereof, and it shall be unlawful for
any person to have in his possession any
measure for oysters in the shell which
shall differ inside from the measure
herein provided for, or demand or re
quire a greater or less measure in buying
or selling; and no vessel or measure shall
be used in b *ying or selling oysters until
it has been measured and stamped by the
oyster inspector. It shall he the duty
of the oyster inspector to measure such
measures and to visit for that purpose
each place where oysters are bought and
sold, and he shall keep a book in which
shall be recorded the dimensions of all
measures so measured.
Sec. 9. Be it further enacted, that the
secretary of state shall be allowed the
sum of $1 for each lease issued under
the provisions of this act.^to be paid out
of the funds collected hereunder
Sec. 10. Be it further enacted, that the
violation of any section of this law shall
constitute a mlsdemeaner punishable by
a fine or not over $500, to which may be
added imprisonment for not more than
six months. All laws and parts of laws
In conflict with the provisions of this act
are hereby repealed. This act shall ue
liberally construed and should any sec
tion thereof be unconstitutional, it shall
not affect the remainder of said act.
Sec. 1L Be it further enacted, that
the acts of April 18, 1911, and August 27,
1909, providing for the creation of the
"Alabama oyster commission" be and the
same are hereby repealed.
Sec. 12. Be it further enacted, that it
shall be the duty of the solicitor of Mo
bile county to Institute In the name of
the state of Alabama any necessary pro
ceedings, to collect any sums due said
commission, and out of the amounts so
collected or realized from any property
belonging to the commission any debts
due by said commission shall be paid
should the amount be sufficient for that
purpose.
Sec. 13. Be it further enacted, that all
funds collected from any source under
the provisions of this act shall oe paid
into the treasury and kept as a separate
fund to be known as the oyster fund, out
of which shall be paid the expenses pro
vided for under the terms of this act.
Sec. 14. Be it further enacted, that when
an oyster canning factory or factories
shall be In operation in Alabama pay
ing not less than 40 cents per barrel for
oysters delivered at the factory, or fac
tories, no oysters in the shell shall be
shipped out of the state except in bar
rels; unless such factory or factories
shall fall to take same within four hours
after they are offered.
Sec. 15. Be It further enacted that
it shall be unlawful to remove oys
ters from the public reefs for planting
purposes except during the month of
September and from March 15 to May
15, or to buy or to sell oysters not
properly culled.
bee. 16. Be it further enacted, that
oil parties catching or freighting oys
ters from the public reefs or private
bedding grounds of this state shall
pay an annual license for such privi
lege as follows: On all vessels of five
tons or more, |1 per net ton.
Sec. 17. Be it further enacted, that
the secretary of state shall be author
ized to expend such moneys as he may
deem advisable out of the oyster fund
for the necessary expenses under this
act and for the conservation and ben
efit of the oyster beds and Industry.
Sec. 18. Be it further enacted, that
no captain or person in charge of any
vessel shall have oysters in his or her
possession, or offer for sale, in this
state, oysters taken from the public
oyster reefs or private bedding
grounds which contain more than 7
per cent of shells and small oysters,
and in order that the inspector may ar
rive at the percentage of unculled oys
ters he shall cause to be culled, ac
cording to law. every tenth barrel in
the cargo, if he deems it necessary:
if the cargo upon this basis of per
centage, proves unculled, In violation
of law, the Inspector shall condemn
said cargo, cause the same to be re
cuiied and the young oysters and dead
sheila to be taken to some place des
ignated by the inspector and shall pro
ceed against said offender as the lav
directs for such offenses.
Sec. 19. Be it further enacted, that
all oysters taken from the public reefs
of the waters of this state shall be
culled upon their natural beds or bars
as taken and all young oysters meas
uring less than two and one-half
Inches from hinge to mouth and not
less than two inches wide: and all dead
shells, shall he returned to the oed or
bar from which taken and It shall be
unlawful for any person to remove
fi*om public reefs or beds, where taken,
any oysters without immediately cull
ing the same and returning all dead
shells and young oysters to the same
reefs from which taken, or other pub
lif reef. Provided, nothing herein shall
prohibit the removing of seed oysters
from the public reefs without requir
ing the same to be culled. But all seed
oysters so removed shall be replanted.
Sec. 20. Be It. further enacted, that a
natural oyster peef is hereby declared
and_ defined as not less than one acre
In continuous area of any bottoms of
any bay, sound, bayou, creek, Inlet, or
any other body of salt or brackish water
on which oysters grow naturally or have
grown naturally In quantity sufficient to
warrant fishing for them with hand <>vig*
as n means of livelihood within a period
of five years next preceding the time at
which said matter may be presented for
consideration and determination by ti e
inspectors. The inspector shall be, In all
cases, the judge as to the facts in the
declaring or determining what is a natu
ral bed or reef. Should any leased ripa
rian bottoms be subsequently determined
to be natural oyster reefs, said lease
or leases shall be cancelled by the in
spector, and from the ruling of the in
spector so cancelling such lease or af
fecting the riparian lights, any person
aggrieved may prosecute an appeal to the
circuit court or court of like Jurisdiction
of the county in which the alleged nat
ural reef is situated.
Sec. 21. Be It further enacted, that one
fourth of the shells of all oysters taken
from the public reefs of this state and
used by canning factories shall be set
apart at the place where same are
opened, subject to tlie order of the In
spector, to be used by him when desir
able for the Improvement of the oyster
bottoms.
Sec. 22. Be It further enacted, that
this act shall take effect upon Its pas
sage.
Sec. 23. Be It. further enacted, that
any person, or persons, indebted to the
state of Alabama, or to the Alabama oys
ter commission, for the lease of oyster
bottoms In the state of Alabama, shall
forfeit said lease If all such indebtedness
to said state, or to said Alabama oyster
commission, is not liquidated within a
period of 12 months subsequent to the
passage of this act. It shall be the duty
of the chief inspector to collect such in
debtedness and deposit same, through the
secretary of state, to the credit. of the
aforesaid oyster fund.
Sec. 24. Be It further enacted, that
any moneys accruing or accumulating in
the said oyster fund In excess of the
amount necessary to conserve the oys
ters of Alabama and to successfully en
force the provisions of this act, shall,
at the discretion of the secretary of state,
be transferred from said oyster fund to
the general fund of the state of Ala
bama,
Approved February 25, 1215.
Official:
JOHN PURTFOY,
Secretary of State.
No. 53) AN ACT (H. 14{
To authorize courts of county commis
sioners, boards of revenue or cthe^
governing bodies of counties In thin
state, to make temporary loans in antici- h
pation of the collection of taxes. %
Section 1. He it enacted by the legisla
ture of Alabama that courts of county I
commissioners, boards of revenue, or I
other governing bodies of the counties j§
of this state, be and they are hereby au- | ■
thorized, for and in behalf of their re* ■ II
spectlve counties, to make temporary ip
loans in anticipation of the collection of B
taxes for the year In which such loans 1
are made, and to Issue certificates cover- .|
ing such loans, and to pledge a sufficient * J
amount of uncollected t&xes of the cur- ■
rent year to secure the repayment of
such loan or loans.
Sec. 2. That such loans shall not be for
a turn greater than one-hair t'ne income
of said county for the preceding year,
and all such loans may bear interest not
exceeding 8 per cent per annum, and
shall mature not later than February I,
of the year following and shall not be
renewed.
Sec. 3. That all certificates evidencing
loans made under the authority of this
act, shall be registered by the county
treasurer In the order of their issue,
and the said treasurer shall retain out of
the taxes collected for the year, and
paid over to him, a sufficient amount
to pay said certificates, and said certlfi.
cates shall be paid in the order of theiv
registration, and they shall be entitled to
priority of payment out of the proceeds
of #the taxes pledged to pay the same.
Sec. 4. That all such certificates when
paid by the treasurer shall be cancelled,
and such cancellation and payment shan
be noted on the register, and it shall
be unlawful thereafter to reissue such
certificates.
Section 6. That all certificates issued
under the authority of this act shall b«
exempt from taxation.
Approved March 1, 1916,
Official:
JOHN PUBIFOY,
Secretary of State.
No. 74) AN ACT <S. 2*2 M
To amend section 2411 of the code of Ala- ■ ||
bama as amended by an act of the leg- 81
islature approved August 25, 1909. ■
Section 1. Be it enacted by the legisla- 11
ture of Alabama, that section 2411 ©f the ■
code of Alabama of 1909 .be amended so | I
as to read as follows: 2411 (4135c) When j |
license money refunded. When any per- nil
son has taken out and paid for a license* n
to carry on any business in this state, Jfl
and has afterwards been prohibited by &|9
law from carrying on such business be
fore the time named in the license has *
expired, such person shall be entitled to SJg
have refunded to him sucii proportionate 9
part of the whole sum paid for such 11- B
cense as the unexpired time thereof bears r B
to the whole time for which the license J^B
was originally granted; and any person (9
who, through a mistake or error In the IgB
probate judge, has paid to the probate fill
judge money that was not due from him
for such license, or by such mistake has fJB
paid to the probate judge for such license hH
an amount in excess of that required by |]9
lawf for the business to be carried on by *jjf||
such person under the license, such per- <^9|
son shall be entitled to have refunded to , Bl
him the amount in either event so er- ,9
roneously collected by the probate Judge, j -9
and the provisions of this section shall
apply in cases where money has hereto- - 9
fore been so erroneously paid within twTo 9
years before the approval of this act, pro- ij9
vided that w’here any person has been HS
prohibited by law from carrying on such H
business before the judge of probate lias 49
paid over such license to the proper au- -]9
thorities it shall be the duty of the said 719
judge of probate to refund to said per- h |j§
son or persons such proportionate part SB
of the whole sum paid for such license, JB
less commission for collection, as the un- jifl
expired term thereof bears to the whole |8
time for which the license was originally flfl
granted. The judge of probate shall only |9
report and pay over the residue of such j9j
license collected and file with the state J9j
auditor the receipt from the person to |$9
whom the proportionate part of license '*'9]
was paid and said receipt shall oe a full |jB|
release to the judge of probate. 9|
Sec. 2. This act shall become effective 911
Immediately upon the approval of the
governor. 9|
Approved February 2?, 1915. 9
Official: H
JOHN PURlFOY. g
Secretary of State. W
No. 101) AN ACT (S. 20 4 9g
To provide for the. granting of a free 19
scholarship In certain schools of the J jg
state of Alabama, to the value of |jjj9
$100 each year, upon the donation 8^8
to the state by the United Daughters ijfl
of the Confederacy of the state of *j9
Alabama of the sum of $1250 for th« j»j§|
securing of each such scholarship. j^B
Section 1. Be it enacted by the lcgla- ,^B
lature of Alabama that whenever the mHj
United Daughters of the Confederacy «19
of the state of Alabama shall donate 89
to the state of Alabama, and actual- J^B
ly pay in cash to the treasurer of said j9
state a sum of money amounting to jj^8
$1250, there shell he considered as ee- |8
tablished a free scholarship of the 1^8
value of $100 per year in board and ^9P
such fees or other charges as that 9|j
amount would cover or include over .Br
and above board, for the benefit of ^B
the student receiving the benefit of
the same or appointed to such scholar- J^8|
ship, at any of the following institu- ^9[
tions of learning, to-writ: Alabama ^B|
Polytechnic institute, Auburn; Ala- JUB
bama Girls’ Technical institute, Mon- B88H
tevallo; any of the Group A normal mttm
Lchools, Florence, Jacksonville, Diving- Bill
ston and Troy, that have, or may have 9K
a dormitory, that such scholarship
shall bo and is hereby established for 91
each sum of $1250 so donated to the 88
state. K
Sec. 2. That at the time such sum or ^8
sums of money amounting to $1260 shall SB
be donated to the state, and paid over '98
to the state treasurer, the said United ^Bj
Daughters of the Confederacy shall den- 9111
Ignate in w’riting, signed by its president 91
and countersigned by its chairman of fljpB
scholarship, and filed with the state aB
auditor, the particular Institutions of .98
learning, among xthose enumerated In .9||
Bection 1 of this act, In wrhich the schol- Bjjj
arship is desired. Thereupon it shall be '19B
the duty of the state auditor to issue a J^K
warrant drasvn upon the state treasurer. 98
In due form, and delived the same to 98
the treasurer of such Institution of learn
ing for the said sum of $1250, or for Blf
such several sums of $1250 which shall ,9p
be donated in this manner to the state. 9B
which w’arrant or warrants the treas-,
urer shall pay on presentation. Such
sum or several sums of $1250 shall be 91
received by such treasurer of such In- 98
stitutton of learrtTng and added to the >9!
sum held by the board or boards legally
administering the same for the support
of such institutions. 81
Sec. 3. Any person, male or female. ^^B
otherwise entitled to admission as a stu- 'SI
dent or pupil in such institution of learn- 91
Ing, and such only, and who presents ijl
to the proper authorities of same, a cer- 18
tificate signed by the president and coun- 88
tersigned by the chairman of scholar- .'911
ship committee of such United D&ugh- Bl
ters of the Confederacy of Alabama, |B||
granting to him or her a scholarship,
under the te%rms of this act, shall be en-‘a^B|
titled to be admitted at* such institution
as entitled to the benefits of this act. |
And w’hen so admitted, he or she shall <; ||
be given credit on the books of such J
Institution for the sum of $100, to be v
applied to the end and purpose of de- j
fraying his or her board and such fes* or ,«
other charges as that amount would
cover over and above board, for the sea- v
sfon during which or for which he or she *
applies for admission. |
Approved February 24, 1916. y
Official: g s
JOHN PURlFOY, 9
Secretary of State. fj j
No. 169) AN ACT (H? a>*® |s
To regulate the employraent of minor® II
children within the state of Alabama:®^ |:
To prohibit the employment of mlnors®| U
under certain conditions: To provide® ■
for the lnapectlon and regulation ul® kj
establishments, occuputlona, placea anf*® ■
premlaea where minora are employed:® W
To entruat the enforcement of the pro-®®!
visions of this act to the etate prison®®
Inspector: To punish violations of this®Bl
act, and to repeal acts In conflict with® HI
the provisions hereof. ® ®l
Section 1. Be It enacted by the legisla® ®l
ture of Alabama, That unwind after Sej^HHp
tember 1. in*, no child under 11 yes®3 fg
% v h
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