The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14
AN ACT

] 7 nus, ItIIIIIs
Secretary of State.
Is 17S

AN AN1
No. 1918 Is. 17s.
To provide for holding elections on the
question of changing or locating coun-
ty seats and, in the event majority
of the qualified electors of a county
voting at such election shall vote in
= favor of changing or locating the
cornty seat, to provide for changing or
locating such county seat and the
erection of the necessary county build
ings and to provide for the necessary
county offices. Be It enacted by the
Legislature of Alabama:
Section l. That whenever a majority Of
the qualified electors of any county ex
cept those counties that have built new
court houses in the past twenty years,
and except such counties whose Court of
Commissioners have before the introduce
ton Of this bill determined by order or
resolution to build a new court house
or a majority of the qualified voters in
those counties which have built new
court houses within the past twenty years
or those counties that have before the
Introduction of this bill by order or reso-
lutions to build a new court house by
their Commissioners Court or 500 quail
fed electors in any county whose present
county site Is In litigation now pending
in the State courts or any county in
winch Ile past lHtiNt Hiblillos liz hAta-
ton OF the removal of the county sites
by election or otherwise, has been In liti-
CATION, shall petition the governor in
writing praying that an election be held
in such county for the purpose of deter
mining whether the county seat shall be
removed from the city, town or village
where II is then located, to another desig-
mated city, town or village in such eoun-
ty, shall be the duty Of the governor
within thirty days thereafter, to appoint
three commissioners for such election who
shall be qualified electors of such coun-
ty. and shall not hold any State or
county office; and thereupon the Govern
or shall cause them to be notified of their
appointment
Sec. 2. The persons SO appointed shall
be known as the board of commission
ers of county seat election" and the Gov
ernor shall designate one of them as the
chairman of such board. Each of the per-
sons thus appointed must, within fifteen
days after their appointment, take and
file In the office of the Secretary of State
an oath to support the Constitution of
the United States and the Constitution of
the State Of Alabama. and to honestly,
faithfully and impartlally perform the
duties required of them as commissioners
of county seat election, whereupon
commission shall issue In the usual form
accompanied by a copy of said petition
certified to by the Secretary of State, on
the payment of the usual fees therefor for
the use of the State The Secretary Of
State shall file and record said petition
in his Office
Sec. 8. II any person so appointed com
missioner shall fail or refuse to qualify
as provided in the preceding section; or
If any vacancy shall occur in thu mem
80 ~ ct ipaa da.rip
its existence. the overnor 5hafl I'LL such
vacancy and the appointJe shall qualify
as provided In the pr hedlng sections.
And If at any time, itFshall be made to
appear to the GoveDfor that any com
missioner has wilr<y neglected to dis
charge In good .@fth any duty resting
upon him under the provisions OF this
Act, or is physically unable or otherwise
incompetent to properly perform such du-
ties OILS seeking in any manner to pre-
vent Or defeat fun and fair expression
of k7the wishes of the qualified electors
&c the county on the question of such
removal of the county seat, the Governor
must remove such commissioner and APP
point another In his stead who shall quail
lily as provided In the preceding section.
Sec. 4. Within thirty days after their
appointment and Qualification said board
of commissioners shall. in writing order
and fix a time for the holding of an
election in the several precincts or wards
of the county to ascertain the wish of a
majority of the qualified electors of the
county on the question of removing the
county seat from the place where 1t is
then located. to the place specified In said
petition to the Governor which date for
holding such election shall not be less
than sixty nor more than one hundred
and twenty days from the time of maxi
ing said order; and said commissioners
shall give notice thereof by publishing a
copy of said order for four consecutive
weeks In a newspaper published In the
county or, IL there be no newspaper pub
lished In the county, by posting a copy
OF said order at the court house and at
five other public places In the county,
such publication to begin or such notices
to be posted within fifteen days from the
time of making said order. The order
may be substantially as follows: Order
for County Seat Eleetion-The State Of
Alabama ........ County Five hundred
OF more or a ma jority where new court
houses have been built in past twenty
Years or ordered to be built by their
Commissioners Court of the qualified
electors of said county having petItioned
the Governor praying that an election be
held In said county on the question of
........ in said county; and the Governor
having appointed the undersigned as the
Beard of Commissioners of County Seat
Election, as provided by law: 1t is here
hy ordered that an election be held at
the usual voting places In said county,
by the qualifea electors thereof. on Mon
day, the....d day Of ........19... between
the hours of a. m. and p. M. 'on the
question of such removal at which cleo
tIon the elector who desires that the
county site shall remain at..........shall
have written or printed on his ballot
the words: against Removal" and the
elector who desires that the county seat
shall be removed to........ shall have
written or printed on his ballot the
words: "For Removal to...,......." Done
this the. ... day of.......... 49,. .,......
49,. go. 49,. '.'''. .''.'. 100 -.
49,. ...... .(Signed)
........ 1.-THE Board OF
commissioners of County Seat Election.
Sec. s. Between ten and thirty days
prior to the day appointed for such cleo
tion the said Board of Commissioners
shall appoint three inspectors, two clerks
and one returning officer to hold and con-
duct said election for each of the voting
places in the county. One of said inspect
tors and one of said clerks for each vot
ing place shall be appointed as recon-
mended for that purpose by qualified cleo
tors opposing removal, and the third In
spector and the returning officer for each
voting place shall be selected by the
Board of Commissioners. But If there
shall be bona fide organization or cleo
tors fayoring such removal. or such or
ganization opposing such removal, one or
both. the chairman or head of such or
!. fl,sag sfsatsr tsshf IN