The Birmingham age-herald., 1907-08-29
Frank N. Julian,
 Secretary of State.

| No 6ss1 AN ACT OH. B e36 i To propose an amendment to the Con 1 stitution of the State of Alabama, for the purpose of providing for the for nation and establishing of new coun- 1 ties out of portions of one two or
 more counties as may be desired. Be i 1t enacted by the Legislature of Ala bama
 ] First. That there shall be and there is l hereby proposed an amendment to the
 constitution of the State of Alabama
 to provide for creating and establishing i new counties out of portions of any ex- 1 isting county or counties that now exist l or that may be hereafter established. to
 DC designated and known as Article ! XIX and in words and figures as fol- | lows: Article XIX. That New Counties
 may be created or formed and established
 ou, of any portion of any existing county
 or out of portions of any two or more counties in the manner following: If five
 hundred of the qualified electors of the
 State residing within the territory out of
 which 1t Is proposed to create and es- l tabnsh the new county, shall petition the
 Judge of Probate of the county from which the territory is to be taken, or the | Probate Judge of the county from which ! the greatest area Is to be taken in the
 formation of the proposed county, for an
 order calling an election to be held in the
 proposed territory for the county, stat i ing that they desire to form a new coun- i ty, the name of the proposed county
 the area, the proposed boundary i lines approximate population and taxable
 valuation of the property, which petition will be verified by one of the petitioners
 under oath before the Judge of Probate l to whom the petition is presented said Judge of Probate shall, if the population i Is sufficient to entitle the proposed coun- | ty to one representative in the Legisla-
 ture of the State according to the last i preceding United States census reports i and the taxable value of the property | shall be equal to or exceed one million
 dollars, and it has the constitutional area and the area of the old counties will not be reduced below the constitutional limit nor their population reduced so as
 to cut off their right to one representa- i tive in the Legislature, and the boundary
 line will not 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 coun-
 ty, --- more than ninety days from the time of making the order for the elec-
 tion provided that if either of the old
 counties have two court houses one of
 them may be cut off into the new county On the day so appointed an election shall ! electors of the State residing within the territory of the proposed county. If such election be held on the day of any gen. eral election of the State, the officers of the election, In each precinct or voting place embracing any part of the territory of the proposed new county shall open a poll for the vote of the qualified cleo
 tors residing in the new county terri torq. If the election be held on day than
 officers shall be appointed for 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 directed by held under and returns made through the Probate Judge ordering the election. And said Probate Judge shall give notice of
 the order call of the election, showing the time when it is to be held, and the name and the proposed boundary lines oT the new county, as well as the location , of each polling place. which he shall prescribe for the election by advertis- ing once a week for four consecutive weeks prior to the election in a news paper published in each county from which any territory 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 caused to be posted at least one of such
 notices in each township to be included in said county. In all elections on proposed new county. the vote cast there
 at shall be canvassed and tabulated. and returns thereof made to the Secretary of State, and counted in the same man. her in all things as in elections for Rep resentatives of the Legislature of the State; and the Governor, Secretary of State, and State Auditor shall. within
 twenty days after the receipt of the re- turns, by the Secretary of State, can vass the returns. and if it shall appear thereupon that a majority of the quail fled electors who voted at such election upon the question of establishing the county. voted in favor of the same such county shall thereupon be established; and the result of such election shall be made known by a proclamation of the Cover nor; and the Secretary of State shall make up and keep record of the re- turns, result and proclamation of the Governor In his office, and shall in con nection herewith make a record of the boundary lines and name of the county so established which shall be furnished to him by said Judge of Probate. The courts shall take judicial knowledge of of the existence of the county so formed. All the election officers when the election is not held on the day of a general election. shall receive the same compensation in general elections, except that the Probate Judge in either case shall be entitled to Fifty Dollars for the services performed by him and all the expenses of the election. including all the advertising and print ing and paying the officers. shall be paid by the petitioners for the election and a sufficient sum for that purpose shall be deposited with the Judge of Probate upon the filing of the petition as condi- ton 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 there on at the top. the words "Officlal Ballot and under it printed the question or words Shall the new county of --- be established?" Then following and be- low shall be printed the word ''yes." and directly under 1t the word no and the choice of the elector shall be indicated by cross mark made by him or under his direction. opposite the word express ing his desire in answer to the question so printed on the ballot Upon the estab- lishment of a new county the Governor of the State shall appoint all of the Coun- ty Officers, and the officers so appointed shall hold office until the next general election of such officers and until their successors are elected and qualified And until otherwise provided by law the coun- ty--hali belong to the judicial circuit and chancery division or district of the ,coun-
 -.-.u