The Montgomery advertiser., 1907-08-29

laws of the State, the provisions of this act and such general health and quar- antine laws shall prevail.
 Approved August 15. leo7
 Oficiaf.
 Frank N. Julian,
 Secretary of State.
 No. sss.) (H. B. sss.
 AN>AcT
 To propose an amendment to the Con-
 stitution of the State of Alabama, for
 the purpose of providing for the for
 mation and establishing of new coun-
 ties out of portions of one, two or
 more counties as may be desired. Be
 1t enacted by the Legislature of Ala
 bama:
 First. That there shall be and there is hereby proposed an amendment to the constitution of the State of Ala bama, to provide for creating and es- tablishing new counties out of portions of any existing county or counties that now exist or that may be hereafter es- abolished, to be designated and known as Article XIX" and in words and fig urs as follows: Article XIX That New Counties may be created or form- ed and established out of any portion of any existing county, or out of por- tions of any two or more counties in the maner following: If five hundred of the qualified electors of the State residing within the territory out of which it is proposed to create and es- tablish the new county, shall petition the Judge of Probate of the county from which the territory is to be <ta- ken, or the Probate Judge of the coun- ty from which the greatest area Is to be taken in the formation of the pro- posed county, for an order calling an election to be held in the proposed ter- ritory for the county, stating that they desire to form new. county, the name of the proposed county. the area, the proposed boundary lines, approximate population and taxable valuation of the property, which petition will be veri- fled by one of the petitioners under oath before the Judge of Probate to whom the petition is presented, said Judge of Probate shall, if the popula- tion is sufficient to entitle the proposed county to one representative in the Legislature of the State according to the last preceding United States cen sus reports, and the taxable value of the property shall be equal to or ex- ceed one million dollars, and 1t has the constitutional area, and the area of the old counties will not be reduced below the constitutional limit, nor their pop ulation reduced so as to cut of their right to one representative in the Leg A5A0SalCs anu LilC DOuAadIy AlHG VIII AOL run within seven miles of the court house of any old county, at once order an election to be held by the qualified electors of the State residing within the territory of the proposed county, not moreJ than ninety days from the time of making the order for the cleo tion; provided that if either of the old counties have two court houses one of them may be cut off into the new coun- fV In fhA aA Inf tad alA tion shall be held for the vote of the qualified electors of the State resid- ing within the territory of the propos- ed county. If such election be held on the day of any general elction of the State. the officers of the election, in each precinct or voting place embrac- ing any part of the territory of the. proposed new county. shall open a poll for the vote of the qualified electors residing in the new county territory. If the election be held on a day other than that of a general election, off, cers shall be appointed forN holding the election, by the same officers and the election held in all things in accord ance with and under the laws of the State governing general elections, and the election shall in all things be di- rected by, held under and returns made through the Probate Judge ordering the election. And said Probate Judge shall give notice of the order or call of the election, showing the time when it is to be held, and the name and the pro- posed boundary lines of the new coun- ty. as we'll as the location of each poll ing place, which he shall prescribe for the election by advertising once week for four consecutive weeks prior to the election in a newspaper published in each county from which any terri tory Is to be taken, and if there be no newspaper published in any one or more of the counties, then such notice shall be posted at the court house of such counties, and he shall also cause to be posted at least one of such mo- tices in each township to be included in said county. In all elections on a proposed new county, tn vote cast thereat shall be canvassed and tabulat- ed. and returns thereof made to the Secretary of the State, and counted In the same manner in all things as in elections for Representatives of the Legislature of the State; and the Gov ernor, Secretary of State, and State Auditor shall. within twenty days aft CT the receipt of the returns, by the Secretary of State, canvass the re- turns, and if it shall appear thereupon that a majority of the qualified cleo tors who voted at such election upon the question of establishing the county, voted III IdNOT oI tnS Sdiu6s SuCH cOuHLy shall t,.ereupon be established; and the result of such election shall he made known by proclamation of the Governor; and the Secretary of State shall make up and keep a record of the returns, result and proclamation of the Governor in his office, and shall in connection herewith, make a record of the boundary lines and name of the county so established which sEall be furnished to him by said Judge of Pro- bate. The courts shall take judicial knowledge of the existence of the county so formed. All the election off, cers. when the election is not held on the day of general election, shall reveive the same compensation as in general elections, except that the Pro- bate Judge in either case shall be en- titled to Fifty Dollars for the ser vices performed by him and al the expenses of the election, including all the advertising and printing and pay ing the officers. shall be paid by the petitioners for the election and a suf- hcient sum for that purpose shall be de- posted with the Judge of Probate upon the filing of the petition as a condition precedent, and out of which the said Judge of Probate shall pay all the ex- penses. Upon the ballots to be used at said election there shall be printed thereon at the top, the words official Ballot" and under it printed the ques- tion or words Shall the new county of - be established?" Then fol- lowing and below shall be printed the word "yes,' and directly under 1t the word mo-" and the choice of the cleo tor shall be indicated by cross mark made by him or under his direction, opposite the word expressing his desire