No. 135.)

(H. 398. Sanders of Pike.

AN ACT

To provide for an election by the qualified voters of Pike County, Alabama, to determine whether or not section six of an Act entitled an Act "To prevent stock from running at large in Pike County," approved December the 9th, 1890, shall be repealed, so as to prevent stock from running at large in Pike County at any time during the year.

Section 1. Be it enacted by the Legislature of Alabama: That an election is hereby ordered to be held in each voting precinct in Pike County, Alabama, on Tuesday, the 14th, day of August, 1923, at the usual places of holding State and county elections, for the purpose of ascertaining whether or not the qualified voters of said county favor the repeal of section six of an Act entitled an Act "To prevent stock from running at large in Pike County," approved December the 9th, 1890, so as to prevent stock from running at large in Pike County at any time during the year. That said election shall be held in the same manner, and under the same regulations, and the result thereof declared in the same manner, and by the same election officers, except as herein otherwise provided for, as regular elections for State and county officers under the general election laws of Alabama, and the election officers for said election shall be the same as the election officers of the congressional election to be held in said county on Tuesday, the 14th, day of August, 1923; and it shall be the duty of said election officers to conduct the election herein provided for at the same time they conduct said congressional election, and for such services they shall receive no compensation other than allowed them for the holding of said congressional election.

Section 2. Be it further enacted, That it shall be the duty. of the Judge of Probate of Pike County to provide the necessary number of ballots and other election supplies necessary for the holding of said election, and it shall be the duty of the Sheriff of Pike County to see that the same are delivered to the election managers before the day of the election. The ballots to be provided by the Judge of Probate for said election shall have printed thereon at the top the words: "Shall section six of an Act entitled an Act to prevent stock from running at large in Pike County, approved December the 9th, 1890, be repealed so as to prevent stock from running at large in Pike County at any time during the year." Directly underneath such words, on different lines, shall be printed in plain type the words: "For the proposed repeal." "Against the proposed repeal." The voters favoring the repeal of section six of said Act so as to prevent stock from running at large in said county at any time during the year will make a cross-mark in front of or

after the words: "For the proposed repeal," and the voters not in favor of the repeal of section six of said Act will make a cross-mark in front of or after the words: "Against the proposed repeal." The returns of said election shall be made, and the result thereof declared, at the same time, and by the same officers, as the returns of said congressional election. Said election officers shall certify to the Judge of Probate of Pike County the number of votes received "For the proposed repeal," and the number of votes received "Against the proposed repeal,' and said certificate of the result of said election shall be recorded by said Judge of Probate in the office of the Judge of Probate of Pike County, and the record thereof, or a certified copy thereof, shall be proof that such election was held and the result thereof declared. If it appears as the result of said election that a majority of those voting in said election on said issue have voted "For the proposed repeal," the result thereof shall be that section six of an Act entitled an Act "To prevent stock from running at large in Pike County," approved December the 9th, 1890, is repealed, and thereafter it shall be unlawful for stock to run at large in Pike County at any time during the year.

Section 3. Be it further enacted, That the notice given of the application to be made to the Legislature of Alabama for the passage of this Act shall be notice of the holding of said election, and no other notice of the holding of said election shall be required.

Section 4. Be it further enacted, That the printing of the tickets, and all other expenses incident to the holding of said election, shall be paid out of the treasury of Pike County.

Section 5. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.

Approved August 9, 1923.

No. 136.)

AN ACT

(H. 6. Sessions.

To Provide for the Election of a County Superintendent of Education for Coffee County, Alabama, to fix his term of office, to prescribe his salary, and the manner of payment, to define his qualifications, powers and duties, to provide for a special election to be held to elect such County Superintendent under this Act and to provide for the election of his successor in office.

Be it enacted by the Legislature of Alabama:

Section 1. That a County Superintendent of Education for

Coffee County, Alabama, shall be elected by the qualified electors of Coffee County, Alabama, who shall hold office until his successor is elected and qualified as hereinafter provided. That within three months after the passage and approval of this Act a special election shall be held on a day to be designated and fixed by the Probate Judge of Coffee County, Alabama, for the election of a County Superintendent of Education, who shall hold office until the next general election to be held in the State of Alabama and said County of Coffee, and until his successor elected therein shall have qualified; that said special election shall be conducted and the vote canvassed and the results declared in all respects as now provided by the general election laws of Alabama for the election of County officers. Provided that the person elected as County Superintendent at said special election shall enter upon the duties of his office as soon as he shall qualify thereafter.

Section 2. That at the next general election to be held in said County and State a County Superintendent of Education for Coffee County, Alabama, shall be elected, who shall hold office for a term of four years and until his successor is elected and qualified, unless sooner removed for good cause, and each four years thereafter a County Superintendent of Education for Coffee County, Alabama, shall be elected by the qualified voters of said County at the regular general election, nominations for which office may be made in primary elections as other county officers.

Section 3. That the salary of the said County Superintendent of Education shall be fixed by the County Board of Education of said County at not less than fifteen hundred ($1500) dollars per annum, which salary shall be paid in the same way and manner as now provided under the general laws of the State for the payment of salaries of county superintendents in the several counties.

Section 4. That said County Superintendent of Education shall be charged with the same duties and shall exercise the same powers as are now provided by the general school laws of the State in the conduct of the office of County Superintendent of Education. No person shall be eligible for political party nomination or for election to the office of County Superintendent of Education of said county who does not as now required hold an Alabama certificate in Administration and Supervision based as a minimum upon graduation from a standard normal school or equivalent education with at least one year of additional study of college grade and proof of three years of successful teaching experience; provided that, if no person meeting these requirements qualifies for nomination and election as provided in this Act, the County Board of Education

shall appoint a county superintendent of education as provided by the general law regulating the appointment of superintendents.

Section 5. That in the event of a vacancy in said office for any cause, except removal, such vacancy shall be filled by the County Board of Education, and the person so appointed shall hold office until the next general election thereafter when his sucessor shall be elected; that should any County Superintendent be removed for cause by the County Board of Education of Coffee County, such vacancy shall be filled by appointment of the State Superintendent of Education, and his appointee shall hold office as in the case provided by appointment of the County Board of Education. Provided, that the County Board of Education may remove the County Superintendent of Education for immorality, misconduct in office, incompetency, or willful neglect of duty, or when, the best interests of the schools require it; any of which causes must be alleged and proved, and the County Superintendent of Education shall have the right to be heard in his defense as in cases of impeachment against County officers, and all such hearings shall be before the County Board of Education and shall be conducted as in cases provided under the general laws for the impeachment of county officers, and provided that upon such removal for cause any County Superintendent may appeal to the Circuit Court and have a trial by jury.

Section 6. That the duties and powers prescribed by the general laws of Alabama for the office of County Superintendents in the supervision of the schools of the several counties shall apply to and be incumbent upon the County Superintendent elected or appointed under the provisions of this Act, and before entering upon the duties of said office he must take the oath of office prescribed by the Constitution, and give bond in an amount to be fixed by the State Board of Education in a reputable surety Company authorized to do business in Alabama, conditioned upon the faithful performance of the duties of his office, and upon the accounting and paying over to the proper authority of all moneys coming into his hands.

Section 7. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 9, 1923.

No. 137.)

AN ACT

(H. 404. Luck.

To fix the amount and manner of payment of the salary or compensation to be paid the Probate Judge of Walker County, Alabama, for acting as Judge of and doing the work of the Judge of the County Court of Walker County, Alabama.

Be it enacted by the Legislature of Alabama:

Sec. 1. That there shall annually be paid to the Probate Judge of Walker County, Alabama, a salary of Fifteen Hundred ($1500.00) Dollars per year for the holding of the county court of Walker County, Alabama, said salary to cover all compensation which shall be due or payable to said Judge for all work or service done or required of him as Judge of said county court.

Sec. 2. Said salary shall be paid in monthly installments of $125.00 per month out of the General Fund of Walker County, Alabama, for which a warrant shall be drawn on the Treasury of Walker County at the close of each calendar month.

Sec. 3. This act shall go into effect immediately upon the approval hereof, provided, however that said salary shall not begin to be due or payable until the first day of the calendar month next succeeding the date of the approval hereof.

Sec. 4. That all laws and parts of laws, General, Local or Special, in so far as they are in conflict with the provisions hereof are hereby repealed.

Approved August 13, 1923.

No. 139.)

AN ACT

(H. 354. Glover.

To provide for the division of Henry County, Alabama into four Commissioners Districts, to define the boundary lines of such Districts by showing the beats composing each of such Districts; to provide for the election of one Commissioner from each of such Districts; to fix their terms of office and prescribe their duties under this Act and as otherwise provided by law; to fix the date for election of such Commissioners; to require such Commissioners, including the present Court of County Commissioners, to furnish bond; and to further define and prescribe the duties and powers of said Court of County Commissioners.

Be it enacted by the Legislature of Alabama:

Section 1. That Henry County, Alabama be and is hereby divided into four Commissioners Districts to be known and called Commissioners Districts 1, 2, 3 and 4 of said County.

Section 2. That District No. 1 of said County shall be composed of and embrace beats 1, 2 and 3 as such beats are now established; that District No. 2 of said County shall be composed of and embrace beats 4, 5, 6 and 7 as such beats are now established; that District No. 3 of said County shall be composed of and embrace beats 8, 9, 10 and 11 as such beats are now established; that District No. 4 of said County shall be