Page:The Federal and state constitutions vol1.djvu/190

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148
Alabama—1867

militia to execute the laws, to suppress riots, or insurrections, and to repel invasion.

Sec. 5. The Governor shall nominate, and, by and with the consent of the Senate, appoint one Major-General and three Brigadier-Generals. The Adjutant-General, and other staff officers to the commander-in-chief, shall be appointed by the Governor, and their commissions shall expire with the Governor’s term of office. No commissioned officer shall be removed from office except by the Senate, on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial pursuant to law.

Sec. 6. The militia may be divided into two classes, to be designated as “volunteer militia” and “reserve militia,” in such manner as shall be provided by law.

Sec. 7. The militia shall, in all cases, except felony, treason, or breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same.

Sec. 8. The officers and men commissioned and organized shall not be entitled to receive any pay, rations, or emoluments when not in active service.


Article XI
EDUCATION

Section 1. The common schools, and other educational institutions of the State, shall be under the management of a Board of Education, consisting of a Superintendent of Public Instruction and two members from each Congressional District.

The Governor of the State shall be ex officio, a member of the Board, but shall have no vote in its proceedings.

Sec. 2. The Superintendent of Public Instruction shall be President of the Board of Education, and have the casting vote in case of a tie; he shall have the supervision of the public schools of the State, and perform such other duties as may be imposed upon him by the board and the laws of the State. He shall be elected in the same manner and for the same term as the Governor of the State, and receive such salary as may be fixed by law. An office shall be assigned him in the capitol of the State.

Sec. 3. The members of the Board shall hold office for a term of four years, and until their successors shall be elected and qualified. After the first election under the Constitution, the Board shall be divided into two equal classes, so that each class shall consist of one member from each District. The seats of the first class shall be vacated at the expiration of two years from the day of election, so that one-half may be chosen biennially.

Sec. 4. The members of the Board of Education, except the Superintendent, shall be elected by the qualified electors of the Congressional Districts in which they are chosen, at the same time and in the same manner as the members of Congress.

Sec. 5. The Board of Education shall exercise full legislative powers in reference to the public educational institutions of the State, and