12
TAXATION AND REVENUE SYSTEMS—ALABAMA.
maintenance of the public schools, and it shall be the duty of the
legislature to increase the public school fund from time to time as
the necessity therefor and the condition of the treasury and the re
sources of the state may justify: Provided, That nothing herein con
tained shall be so construed as to authorize the legislature to levy in
any one year a greater rate of state taxation for all purposes, includ
ing schools, than 65 cents on each $100 worth of taxable property:
And provided further, That nothing herein contained shall prevent
the legislature from first providing for the payment of the bonded
indebtedness of the state and interest thereon out of all the revenues
of the state.
Sec. 269. The several counties in this state shall have power to
levy and collect a special tax not exceeding 10 cents on each $100
of taxable property in such counties for the support of public schools:
Provided, That the rate of such tax, the time it is to continue, and
the purpose thereof, shall have been first submitted to a vote of the
qualified electors of the county, and voted for by three-fifths of those
voting at such election; but the rate of such special tax shall not
increase the rate of taxation, state and county combined, in any one
year, to more than $1.25 on each $100 of taxable property, exclud
ing, however, all special county taxes for public buildings, roads,
bridges, and the payment of debts existing at the time of the ratifi
cation of the constitution of 1875. * * *
ARTICLE IV.
Sec. 91. The legislature shall not tax the property, real or per
sonal, of the state, counties, or other municipal corporations, or ceme
teries; nor lots in incorporated cities or towns, or within 1 mile of
any city or town to the extent of 1 acre, nor lots 1 mile or more dis
tant from such cities or towns to the extent of 5 acres, with the build
ings thereon, when same are used exclusively for religious worship,
for schools, or for purposes purely charitable.
ARTICLE VIII.
Sec. 194. The poll tax mentioned in this article (in section 178,
which makes the payment of the poll tax prerequisite to the exer
cise of the electoral franchise) shall be $1.50 upon each male inhab
itant of the state over the age of 21 years and under the age of 45
years, who would not now be exempt by law, but the legislature is
authorized to increase the maximum age fixed in this section to
not more than 60 years. Such poll tax shall become due and paya
ble on the 1st day of October in each year, and become delinquent
on the 1st day of the next succeeding February, but no legal process
nor any fee or commission shall be allowed for the collection thereof.
The tax collector shall make returns of poll tax collections separate
from other collections.
OFFICERS.
The officers most directly concerned with taxation
are:
(1) The county tax assessors, one in each county, elected for a
term of four years.
The tax assessor is entitled to receive out of the first moneys col
lected for the state the following commissions on state taxes: In
counties where the state taxes assessed do not exceed $12,000 the
rate of commission shall be 8 per cent on the first $1,000, 4 per cent
on the second $1,000, and 2 per cent on the remainder; in counties
where the state taxes assessed exceed $12,000, the commissions
shall be the same up to $12,000, 1£ per cent up to $60,000, and 1
per cent on the remainder. He receives the same commissions on
county taxes. He gets 5 per cent on back taxes. The tax asses
sor also receives a fee of 50 cents for making the demand on the
taxpayer for his list of assessment, to be charged to the taxpayer
and collected with the taxes, and a fee of 25 cents for the issu
ance and service of each notice to a taxpayer of an increase in
his property valuation by the court of county commissioners,
to be charged against the taxpayer if the increase is made final,
otherwise canceled.
(2) The j udge of probate in each county, elected for six years, who
makes abstracts for the state auditor and for the collector.
(3) A county tax commissioner, one in each county, appointed
by the state tax commission for a term of four years. This officer takes
the place of the one formerly known as the ‘ ‘ back-tax commis
sioner. ’ ’ He exercises the functions of the former commissioner and
is compensated by a fee of 10 per cent on all escaped, delinquent,
and back taxes, except poll, recovered by him. The fee is added to
.the tax and paid by the taxpayer. In counties having no county
tax commissioner, license taxes are collected by the sheriff.
(4) The court of county commissioners, consisting of four mem
bers elected for four years, and the j udge of probate, constitute a board
of review.
(5) The county tax collector, elected for four years, who receives
the same commissions as assessors, except on special taxes, on which
he receives only 2 per cent.
(6) The state auditor, elected for four years.
(7) The state board of assessors for railroad, telegraph, and tele
phone companies, composed of the governor, the secretary of state,
the auditor, and the treasurer, together with the attorney general,
who acts as adviser and decides any tie vote.
(8) The state tax commission, composed of three commissioners,
appointed by the governor for four years. The commissioners are paid
an annual salary out of the state treasury. This body has general
supervisory powers over the entire revenue system and over all
officials concerned with taxation. It can revalue and reassess
property. Its findings are conclusive on all tax officials and are
binding unless changed by a court of competent jurisdiction. It
also makes recommendations as to the reform and revision of the
revenue system.
State Revenues.
A. GENERAL PROPERTY TAXES.
1. Base—
a. The 'property included and exempt.—All tangible
real and personal property and all intangible property
of companies operating a public utility are subject to
the general property tax.
For purposes of ad valorem taxation, the gross amount
of sales at auction; the gross amount of commissions of
any factor, broker and commission merchant; the gross
receipts of all gram elevators, wharves, and stock-
yards; and the gross income of all gas works, water
works, electric light companies, street railways, toll
bridges, and ferries, all canals, ditches, channels,
passes, tramroads and pole roads, are treated as
property.
(1) “Real property” is held to mean not only land, city, town,
and village lots, but also all things thereunto pertaining, and all
structures and other things so annexed or attached thereto as to pass
to a vendee by the conveyance of the land or lot.
(2) “Personal property” is held to include all things, other than
real property, which have any pecuniary value, and moneys,
credits, and investments in any bonds, stocks, joint-stock compa
nies, or otherwise. Credits include mortgages.
(3) Exempt from taxation, besides public property, are state,
county, and municipal bonds; cemeteries; lots and buildings used
for religious worship, educational, or purely charitable purposes;
all school furniture and personal property used exclusively for
school purposes; all property, real or personal, of public agricul
tural associations, or associations for the education of ministerial
students; Tennessee Valley Fair Association; State Fair and
Exhibit Association, and all property of state or county fair