such use of said proceeds shall be limited to the payment of expenses and interest on bonds for only the first three years after the completion and putting into operation of the unit or improvement acquired with the proceeds of such bonds, or the amount necessary for the payment of such interest may be obtained from temporary loans negotiated therefor as herein before authorized. It is intended to so provide that all of the revenues and income arising from the operations authorized hereby and from all property acquired under the provisions hereof shall be devoted to the payment of the expenses of such operation, to the payment of interest upon the bonds issued pursuant to the provisions hereof, and to the payment of the principal of said bonds as they respectively mature, thus relieving the other revenues of the State from any burden in that behalf unless the aforesaid income be insufficient for the purposes mentioned. The Commission may retain from the money coming into its hands such amount as may reasonably be required for operating capital, and all amounts so retained shall be deemed to be an operating expense within the meaning of this Act.

Section 1012. Immediately upon the completion of each unit of development erected by the State, the Commission shall ascertain the cost of said unit, which shall be entered in the accounts kept by the Commission as a charge against capital account. After the first twelve months from the completion of each unit but not before October 1st, 1927, a half of one per cent of the cost thereof, not to exceed one half of the gross income therefrom during each month, shall at the end of the month be credited, to an account designated "Sinking Fund" and shall be used from time to time only for the purpose of paying interest charges and of retiring by re-purchase such bonds at not more than par, or by paying them off as the same mature, until all bonds issued shall have been retired; provided, however, that whenever the sinking fund thus created shall exceed the bonds outstanding plus the interest charges maturing within the following twenty four months, then the surplus shall be available for use in the future development and improvement of the port in question, and provided further that in calculating the net earnings of respective units for the purpose of ascertaining whether they have earned five per cent upon the cost thereof in order to determine whether or not the further sale of bonds may proceed, the question shall be determined just as if this section were not contained in this act.

Section 11. For the payment of both the principal and interest of all bonds issued under the authority of the Act according to their tenor, the faith and credit of the State of Alabama is hereby pledged. If the funds supplied by the Commission to the State Treasurer under the provisions of this Act be

insufficient to fully pay at maturity any installment of interest on said bonds or to pay at maturity the principal of any of said bonds, then the deficiency shall be paid by the State Treasurer from any funds in the State treasury not otherwise appropriated.

Section 12. In order to enable the said operation to earn funds to pay operating expenses and interest on the bonds and to create a sinking fund for the retirement of the bonds, the said Commission shall have the right and power to fix from 'time to time reasonable rates of charges for services to all persons using said facilities and schedules of all rates, so fixed shall be filed with the State Public Service Commission within seven days after the fixing thereof. All private concerns, corporations or individuals operating similar facilities at Alabama seaports must make and collect charges which shall be not less than the charges so fixed by the said Commission for the use of the State's facilities.

Section 13. The Commission shall make to each regular session of the Legislature a report showing the indebtedness of the State created under this Act, the property acquired, the facilities owned, the results of the operation, and such other information as may be necessary to fully advise the Legislature of the status and progress of the improvement and development hereby authorized.

Section 14. The Governor and the Commission, respectively, are hereby directed and required to exercise the power and authority by this Act conferred upon them, respectively, to whatever extent is necessary to the accomplishment of the improvement and development hereby authorized. Any approval or consent by the Governor required by this Act shall be sufficiently evidenced by a certificate to that effect signed by the Governor and filed in the office of the State Treasurer, and approval or consent by the Commission shall be sufficiently shown by a certificate signed by the president of the Commission, attested by its secretary-treasurer and filed in the office of the State Treasurer.

Section 15. No officer, agent or clerical employee whose salary exceeds fifteen hundred dollars per annum shall be appointed, nor expenditure or obligation exceeding five thousand dollars be incurred by the Commission, without the approval of the Governor.

Section 16. No indebtedness incurred by the present board shall be paid out of any funds received by the Commission created under this bill.

Section 17. Said improvements shall be constructed in units and each unit of construction shall be completed before any other unit shall be begun, provided, however, that more than one unit

may be under construction at the same time, if the estimated combined costs of the units under construction at one time do not exceed three million dollars.

Section 18. That any license heretofore granted by the State of Alabama, either expressly or by implication, permitting the upland owner to occupy any part of the space between the channel of the Mobile river or the low water mark of the Mobile bay and the high water mark, may be revoked by resolution of the State Docks Commission whenever said State Docks Commission shall determine to make use of such property for the purpose contemplated by this Act, or may be suspended by resolution pending an investigation and decision as to whether or not such use shall be made; provided, however, that whenever such property has been or shall have been already improved by the upland owner his license to maintain such improvements and to exercise such control thereover as may have been conferred upon him by a license from the State shall not be revoked or suspended otherwise than in the exercise of the right of eminent domain by condemnation proceedings as long as such owner shall occupy such property with improvements appropriate and devoted to the use of such property as a facility to commence as is contemplated by such license. Whenever the State Docks Commission shall determine that any part of the property of the State above described is being occupied under a license from the State but that the improvements thereon are not being so maintained and used as facilities to commerce as reasonably to serve the purpose for which the license was granted and that it is desirable that this land should be improved by the State Docks Commission, then the State Docks Commission may by resolution call upon such owner of such improvements to put the same in such condition as reasonably to serve as such facilities to commerce within the purpose of the license under which they were erected, and if the said owner shall fail to comply with such resolution within a reasonable time then the State Docks Commission may file a bill in the circuit court of the circuit in which such land is situated for the cancellation of such license and if upon final hearing it shall be determined by the court that the said property is being occupied in violation of the intent and purpose of said license then the court shall by its decree cancel the same and the State Docks Commission shall then be entitled to proceed with the improvements thereof, provided further the use of such improvement by the upland owner shall in no event be disturbed until the State Docks Commission is ready to begin the improvement of the land so occupied thereby under the terms of this Act.

Section 19. No special meeting of the State Docks Commission shall be held without giving at least one week's notice in writing to each member and to the Governor unless each

member of said Commission and the Governor consent to such meeting in writing which consent must be shown of record. The Commission is required to keep accurate minutes of all its meetings, showing all proposed expenditures, the disposition of such proposition, the vote of each member of the Commission thereon. The Commission shall also require to be kept on file and subject to public examination, an itemized account of all expenditures authorized and made.

Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.

Section 21. If any section or provision of this Act be held unconstitutional, it shall not invalidate any other section or provision of this Act.

Approved Sept. 18, 1923.

No. 304.)

AN ACT

(H. 634. Rives.

To fix the compensation of Deputy Clerks of the Circuit Court, holding office and performing the duties of Circuit Court Clerks at any place other than the County site of such County, of all Counties having a population of more than two hundred thousand (200,000) according to the last or any subsequent federal census.

Section 1. Be it enacted by the Legislature of Alabama. That the Deputy Circuit Court Clerks holding office and performing the duties of Circuit Court Clerks at any place other than the County site of such County, of all Counties of the State of Alabama, having a population of more than two hundred thousand (200,000) according to the last or any subsequent federal census, shall receive a salary of four thousand eight hundred dollars per annum, payable in equal monthly installments.

Section 2. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

Section 3. That this Act shall go into effect immediately after its passage and approval.

Approved Sept. 19, 1923.

No. 305.)

AN ACT

(H. 52. Deloney.

"To provide for the relief of Ennis Roy Jones and to authorize the payment to him out of the State Treasury of the sum of Five Hundred Dollars ($500.00) to compensate him for services rendered the State as a convict, he never having been sentenced to serve as such.

Section 1. Whereas Ennis Roy Jones was arrested by the Deputy Sheriff of Jefferson County, Alabama, and was by him delivered on the 1st. day of September, 1921, to the Convict Department of the State of Alabama by the name of John Henry Russell, who was an escaped convict from Lowndes County, Alabama and,

WHEREAS the said Ennis Roy Jones was held in the State Penitentiary of Alabama from the 1st. day of September, 1921, until the 4th. day of December, 1921, and caused to serve as a convict.

AND WHEREAS the said Ennis Roy Jones was released from said penitentiary because he was not John Henry Russell, as he was supposed to be, and whereas the said Ennis Roy Jones ought in good conscience to have compensation from the State for services rendered by him while so imprisoned; Now therefore

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA, that the sum of Five Hundred Dollars ($500.00) be, and is hereby appropriated out of any funds in the State Treasury not otherwise appropriated for the purpose of compensating the said Ennis Roy Jones for said false imprisonment, and for his services rendered the State of Alabama while so imprisoned.

Section 2. Be it further enacted that the State Auditor is hereby authorized to draw his warrant in favor of the said Ennis Roy Jones on the State Treasury, in the sum of Five Hundred Dollars, for his relief, and to compensate him for the false imprisonment and for services rendered.

Approved Sept. 24, 1923.

No. 310.)

AN ACT

(H. 761. Goodwyn.

To provide and create a Commission form of Municipal Government and to establish same in all Cities of Alabama which now have or which may hereafter have a population of as much as twenty-five thousand and less than fifty thousand people, according to the last federal census, or any such census which may hereafter be taken: to regulate the selection and election of Commissioners and their terms of office to fix their powers, duties and compensation, to punish improper conduct in connection with elections and petitions hereunder; to abolish police commissioners, aldermen and certain other city officials, and otherwise provide for the creation and maintenance of said Commission form of government.

Be it enacted by the Legislature of Alabama:

Section 1. All cities of the State of Alabama which have a population of as many as twenty-five thousand and less than