CONSTITUTION OF 1875


ARTICLE XVII.

MODE OF AMENDING THE CONSTITUTION.

 

Section 1. The general assembly may, whenever two-thirds of each house shall deem it necessary, propose amendments to this Constitution, which, having been read on three several days in each house, shall be duly published in such manner as the general assembly may direct, at least three months before the next general election for representatives, for the consideration of the people; and it shall be the duty of the several returning officers, at the next general election which shall be held for representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make return of said vote to the secretary of state; and, if it shall thereupon appear that a majority of all qualified electors of the state, who voted at said election, voted in favor of the proposed amendments, said amendments shall be valid, to all intents and purposes, as parts of this Constitution; and the result of such election shall be made known by proclamation of the governor.


Sec. 2. No convention shall hereafter be held for the purpose of altering or amending the Constitution of this state, unless the question of convention or no convention shall first be submitted to a vote of all the electors of the state, and approved by a majority of those voting at said election.

SCHEDULE

In order that no injury or inconvenience may arise from the alterations and amendments made by this Constitution to the existing Constitution of this state, and to carry this Constitution into effect, it is hereby ordained and declared-

  1. That all laws in force at the ratification of this Constitution, and not inconsistent therewith, shall remain in full force, until altered or repealed by the general assembly; and all rights, actions, prosecutions, claims, and contracts of this state, counties, individuals, or bodies corporate, not inconsistent with this Constitution, shall continue to be as valid as if this Constitution had not been ratified.
  2. That all bonds executed by or to any officer of this state, all recognizances, obligations, and all other instruments executed to this state, or any subdivision or municipality thereof, before the ratification of this Constitution, and all fines, taxes, penalties, and forfeitures due and owing to this state, or any subdivision, or to any municipality thereof; and all writs, suits, prosecutions, claims and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the ratification of this Constitution. All indictments which may have been found, or which may hereafter be found, for any crime or offense committed before the ratification of this Constitution, shall be proceeded upon in the same manner as if this Constitution had not been ratified.
  3. That all the executive and judicial officers, and all other officers in this state, who shall have been elected at the election held in this state, on third day of November, eighteen hundred and seventy-four, or who may have been appointed since that time, and all members of the present general assembly, and all that may hereafter be elected members of the present general assembly, and all other officers holding office at the time of the ratification of this Constitution, except such as hold office under any act of the general assembly, shall continue in office and exercise the duties thereof until their respective terms shall expire, as provided by the present Constitution and laws of this state.
  4. This Constitution shall be submitted to the qualified electors of this state for ratification or rejection, as authorized and required by an act of the general assembly of this state, entitled "An act to provide for the calling of a convention to revise and amend the Constitution of this state," approved nineteenth day of March, anno domini eighteen hundred and seventy-five.
  5. If at said election the said Constitution shall be found to have been ratified by a majority of all the qualified electors voting at said election, the said new Constitution, so ratified, shall go into effect as the new Constitution of the State of Alabama within the time stated in the proclamation of the governor, and shall thereafter be binding and obligatory as such upon all the people of this state, according to the provisions of said act, approved nineteenth day of March, anno domini eighteen hundred and seventy-five.
  6. That instead of the publication as required by section twelve of said act, the governor of the state is hereby authorized to take such steps as will give general publicity and circulation to this Constitution in as economical manner as practicable.
  7. That all laws requiring an enumeration of the inhabitants of this state during the year eighteen hundred and seventy-five are hereby avoided.
  8. That the board of education of this state is hereby abolished.
  9. The salaries of the executive and judicial, and all other officers of this state who may be holding office at the time of the ratification of this Constitution, and the pay of the present members of the general assembly, shall not be affected by the provisions of this Constitution.

LEROY POPE WALKER, President.
JOHN F. BURNS,
J. H. WHITE,
SUMPTER LEA,
WM. A. SMITH,
R. A. MCCLELLAN,
E. D. WILLETT,
RUFUS W. COBB,
JOHN W. INZER,
WM. G. LITTLE, JR.,
W. GARRETT,
JOHN MANASCO,
LEWIS M. STONE,
WILEY COLEMAN,
ANDREW C. HARGROVE,
EVAN G. RICHARDS,
HENRY W. LAIRD,
WM. J. O'BANNON,
GEO. S. GULLETT,
GEO. W. DELBRIDGE,
ANDREW J. INGLE,
FRANK A. NISBET,
JOHN GAMBLE,
ISAAC H. PARKS,
HENRY C. LEA,
JOEL D. MURPHREE,
J.B.KELLY,
J. N. SWAN,
F. W. SYKES,
E. H. MOREN
WM. C. OATES,
STEPHEN C. ALLGOOD,
SAMUEL J. BOLLING,
LEROY BREWER,
JOHN T. HEFLIN,
JULIUS G. ROBINSON,
SAMUEL FORWOOD,
JOHN GREEN,
ROBERT A. LONG,
CHARLES C. LANGDON,
F. S. LYON,
HENRY A. WOOLF,
WM. M. HAMES,
THOS. J. BURTON,
B. F. JOHNSON,
ALBURTO MARTIN,
R. C. TORREY,
M. T. AKERS,
ALBERT W. PLOWMAN,
WM. A. MUSGROVE,
JAMES D. MEADOWS,
W. J. SAMFORD,
GEO. P. HARRISON, JR.,
JOHN D. RATHER,
CEPHAS B. TAYLOR,
BENJ. F. WEATHERS,
MICAJAH L. DAVIS,
J. W. JONES,
JOHN S. DICKINSON,
WM. BURGESS,
P. M. CALLOWAY,
JOHN P. RALLS, M. D.,
WM. S. MUDD,
JOHN A. FOSTER,
JAMES L. PUGH,
JOS. E. P. FLOURNOY,
JOHN D. HUDSON,
R. O. PICKETT,
RICHARD H. POWELL,
E. A. O'NEAL,
THOMAS B. NESMITH,
WM. GREEN,
JAMES AIKEN,
E. A. POWELL,
A. C. GORDON,
CULLEN A. BATTLE,
JONATHAN BLISS,
D. B. BOOTH,
S. T. PRINCE,
A. A. STERRITT,
H. J. LIVINGSTON,
WM. M. LOWE,
S. S. SCOTT,
CHARLES GIBSON,
THOMAS H. HERNDON,
JESSE E. BROWN,
DAVID S. NOWLIN,
JOHN H. NORWOOD
MONTGOMERY GILBREATH,
Attest: BENJ. H. SCREWS, Secy.


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