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uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph company owning a competing line, or acquire, by purchase or otherwise, any other competing line of telegraph.
12. All 'corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
13. The term corporation, as used in this article, shall be construed to include all joint stock companies, or any associations having any of the powers or privileges of corporations not possessed by individuals or partnerships.
Banks and Banking. The General Assembly shall not have the power to establish or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution.
15. No banks shall be established otherwise than under a general banking law, nor otherwise than on a specie basis.
16. All bills or notes issued as money, shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension of any bank or banking company of specie payment.
17. Holders of bank notes and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to the preference of payment over all other creditors.
18. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, (unless the General Assembly shall extend the time, and promptly thereafter close its business; but shall have corporate capacity to sue and shall be liable to suit until its affairs and liabilities are fully closed.
19. No bank shall receive directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.
20. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given, or loaned, to any banking company, association or corporation.
Railroads and Canals. 21. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points in this State, and connect at the State line, with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and shall receive and transport, each, the others freight, passengers and cars, loaded or empty, without delay or discrimination.
22. The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freights and passenger tariffs on railroads, canals and rivers in this State.
23. No railroad or other transportation company shall grant free passes, or sell tickets or passes at a discount other than as sold to the public generally, to any member of the General Assembly, or to any person holding office under this State or the United States.
24. No street passenger railway shall be constructed within the limits of any city or town, without the consent of its local authorities.
25. No railroad, canal or other transportation company in existence at the time of the ratification of this Constitution, shall have the benefit of any future legislation, by general or special laws, other than in execution of a trust created by law or by contract, except on the condition of complete acceptance of all provisions of this article.
Onth of' Office. 1. All members of the General Assembly, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation, to wit: "I.
-, solemnly swear, (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Alabama, so long as I continue a
citizen thereof, and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter to the best of my ability, so help me God." Which oath may be administered by the presiding officer of either House of the General 1 y. sembly, or any officer authorized by law to administer au oath.
Miscellanevus Provisionx. . 1. No person holding an office of profit under the United States, except postmasters whose annual salary does not exceed two hundred dollars, shall during his continuance in such office, hold any office of profit under this State; nor shall any person bold two offices of profit at one and the same time under this State, except justices of the peace, constables, notaries public and commisssioners of deeds.
2. It is made the duty of the General Assembly to enact all laws necessary to give effect to the provisions of this Constitution
Mode of Amending Constitution. 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 of State; and if it shall thereupon appear that a majority of all the 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 part of this Constitution, and the result of such election shall be made known by proclamation of the Governor.
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 30 a vote of all the electors of the State, and approved by a majority of those voting at said election.
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 and 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 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 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 mannner as if this Constitution had not been ratified.
3. That all the executive and judicial officers, and all other otlicers 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 Generul 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, A. D., 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 an 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.
& That the Board of Education of this State is hereby abolisbed.
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.