CONSTITUTION OF 1875


ARTICLE XI.

TAXATION.

 

Section 1. All taxes levied on property in this state shall be assessed in exact proportion to the value of such property; provided, however, the general assembly may levy a poll-tax, not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same.


Sec. 2. No power to levy taxes shall be delegated to individuals or private corporations.


Sec. 3. After the ratification of this Constitution, no new debt shall be created against, or incurred by, this state, or its authority, except to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each house of the general assembly, and the vote shall be taken by yeas and nays and entered on the journals; and any act creating or incurring any new debt against this state, except as herein provided for, shall be absolutely void; provided, the governor may be authorized to negotiate temporary loans, never to exceed one hundred thousand dollars, to meet deficiencies in the treasury; and until the same is paid, no new loan shall be negotiated; provided, further, that this section shall not be so construed as to prevent the issuance of bonds in adjustment of existing state indebtedness.


Sec. 4. The general assembly shall not have the power to levy, in any one year, a greater rate of taxation than three-fourths of one per centum on the value of the taxable property within this state.


Sec. 5. No county in this state shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein, than one-half of one per centum; provided, that to pay debts existing at the ratification of this Constitution, an additional rate of one-fourth of one per centum may be levied and collected which shall be exclusively appropriated to the payment of such debts or the interest thereon; provided, further, that to pay any debt or liability now existing against any county, incurred for the erection of the necessary public buildings or other ordinary county purposes, or that may hereafter be created for the erection of necessary public buildings or bridges, any county may levy and collect such special taxes as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same were so levied and collected.


Sec. 6. The property of private corporations, associations, and individuals of this state, shall forever be taxed at the same rate; provided, this section shall not apply to institutions or enterprises devoted exclusively to religious, educational, or charitable purposes.


Sec. 7.
No city, town, or other municipal corporation other than provided for in this article, shall levy or collect a larger rate of taxation, in any one year, on the property thereof, than one-half of one per centum of the value of such property, as assessed for state taxation during the preceding year; provided, that for the payment of debts existing at the time of the ratification of this Constitution and the interest thereon, an additional rate of one per centum may be collected, to be applied exclusively to such indebtedness; and provided, this section shall not apply to the city of Mobile, which city may, until the first day of January, one thousand eight hundred and seventy-nine, levy a tax not to exceed the rate of one per centum, and from and after that time a tax not to exceed the rate of three-fourths of one per centum, to pay expenses of the city government, and may also, until the first day of January, one thousand eight hundred and seventy-nine, levy a tax not to exceed the rate of one per centum, and from and after that time, a tax not to exceed the rate of three-fourths one per centum, to pay existing indebtedness of said city, and the interest thereon.


Sec. 8. At the first session of the general assembly after the ratification of this Constitution, the salaries of the following officers shall be reduced at least twenty-five per centum, viz.: governor, secretary of state, state auditor, state treasurer, attorney-general, superintendent of education, judges of the supreme and circuit courts, and chancellors; and after said reduction, the general assembly shall not have the power to increase the same, except by a vote of a majority of all the members elected to each house, taken by yeas and nays, and entered on the journals; provided, this section shall not apply to any of said officers now in office.


Sec. 9. The general assembly shall not have the power to require the counties or other municipal corporations to pay any charges which are now payable out of the state treasury.

ARTICLE XII.

MILITIA.

Section 1. All able-bodied male inhabitants of this state, between the ages of eighteen years and forty-five years, who are citizens of the United States, or have declared their intention to become such citizens, shall be liable to military duty in the militia of the state.


Sec. 2. The general assembly, in providing for the organization, equipment, and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States.


Sec. 3. Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be appointed by the governor.


Sec. 4. Volunteer organizations of infantry, cavalry, and artillery may be formed in such manner, and under such restrictions, and with such privileges, as may be provided by law.


Sec. 5. The militia and volunteer forces shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at musters, parades, and elections, and in going to and returning from the same.


Sec. 6. The governor shall, except as otherwise provided herein, be commander-in-chief of the militia and volunteer forces of the state, except when in the service of the United States, and shall, with the advice and consent of the senate, appoint all general officers, whose terms of office shall be for four years. The governor, the generals, and regimental and battalion commanders shall appoint their own staffs, as may be provided by law.


Sec. 7. The general assembly shall provide for the safe keeping of the arms, ammunition, and accoutrements, military records, banners, and relics of the state.


Sec. 8. The officers and men of the militia and volunteer forces shall not be entitled to, or receive any pay, rations, or emoluments, when not in active service.


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