The Montgomery advertiser., 1903-03-14
AN ACT
No. 107.,

AN ACT
 No. 107) (S 173 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 county
 voting at such election shall vote in
 favor of changing or locating the
 county 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 1. 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 introduc- ton of this bill determined by order or resolution to build 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 800 quali- fled electors in any county whose present county site is in litigation now pending in the State courts or any county in
 
 ton of the removal of the county sites by election or otherwise, has been in liti- gation, 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 it Is then loca ted, to another desig- mated city, town or village in such couri- ty, shall be the duty of the governor A@ ltx4A three commissioners for such election who shall be qualified electors of such cou- ty. and shall not hold any St. Ss county office: and thereupon tt d. a,.o-,. or shall cause them to be .,t;fseo of their appointment.
 Sec. 3. The pers' ,rs so .nno,,t.a shsu be known as "- oe hoard os oor,r,iss;a-,- eIs ot c2u'i' / seat election" and the Gov e,hoI 5" sif designate one of them as the Si"ii .lian of such board. Each of the per- ~hs thus appointed must, within fifteen days after their appointment, take and hie 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 impartially perform the duties required of them as commissioners of county seat election, whereupon a 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. 3. If any person so appointed com missioner shall fail or refuse to qualify Rs provided in the preceding section: or If any vacancy shall occur in the mem n ali hfao owI ak Aas It's existence, the overnor shall fill such vacancy and the appointee shall qualify As provided in the preceding sections. And if at any time. 1t shall be made to appear to the Governor that any com missioner has wilfully neglected to dis charge in good faith any duty resting upon him under the provisions of this Act or Is physically unable or otherwise incompetent to properly perform such du- tes' or IS seeking in any manner to pre- vent or defeat full and fair expression or the wishes of the qualified electors or the county on the question of such removal of the county seat. the Governor must remove such commissioner and ap- po..4it another in his stead who shall qual- 4fy as provided in the preceding section.
 Sec. 4 Within thirty days after their appointment and qualification said board of commissioners shall. in writing order
 
 election in the several precincts or wards of the county to ascertain the wish of majority of the qualified electors of the county on the question of removing the county seat from the place where it 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 mak-
 
 shall give notice thereof by publishing a ropy of said order for four consecutive weeks in newspaper published in the county or, if there be no newspaper pub tished in the county. by posting a copy of said order at the court house and at i've other public places in the county, such publication to begin or such notices 10 be posted within fifteen days from the time of making said order. Tho order may he substantially as follows: Order for County Seat Election-The State of Alabama, ........ County Five hundred or more or a majority 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 removing the county seat from, .......to
 
 having appointed the undersigned as the Board of Commissioners of County Seat Election, as provided by law: II is here by ordered that an election be held at the usual voting places in said county. .,y ine qualified electors thereof, on Mon day. tne,.....day of ........ .19.., between the hours of g 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.......... 1e... ........ -''.. ..'''' ...''. ...,,. ....., ...... ...... ...... ...... ...... ..,... ....(Signed.) ........ ........ .......... ......The Board of Commissioners of County Seat Election.
 Sec. 5. Between ten and thirty days prior to the day appointed for such cleo ton 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 tho county. One of said inspec- tors and one of said clerks for each vot ing place shall be appointed as recotn mended for that purpose by qualified elec- tors opposing removal, and the third h. spector and the returning officer for each voting place shall be selected by the Board of Commissioners. But if there shall be a bona fide organization Of cleo