Journal of the Proceedings of the 1901 Constitutional Convention

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JOURNAL

OF THE

PROCEEDINGS

OF THE

CONSTITUTIONAL CONVENTION

OF THE

STATE OF ALABAMA,

HELD IN THE

CITY OF MONTGOMERY,

COMMENCING MAY 21ST, 1901.

With an Index prepared by the Secretary.

___________

MONTGOMERY, ALABAMA

1901


PAGE 2 MISSING


JOURNAL.

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FIRST DAY.

CONSTITUTIONAL CONVENTION HALL.

Montgomery, Ala., May 21, 1901.

In compliance with the terms of an Act entitled An Act to Revise and Amend the Constitution of the State of Alabama, approved December 11th, 1900, there assembled in the Hall of the House of Representatives in the Capitol in the city of Montgomery on this, May 21st, 1901, at 12 o clock noon meridian, a Convention, composed of duly elected and accredited representatives of the people of Alabama, for the purpose indicated in said Act. Hon. Thomas N. McClellan, Chief Justice of the Supreme Court of Alabama., as directed by the enabling act, called the Assembly to order promptly at the noon hour, and appointed the Secretary of State, Hon. Robert P. Mc David, to act as Secretary of the temporary organization.

The Chief Justice referred the attention of the members to the Act providing for the organization of the Convention, and from a list of duly elected delegates, which had been certified to him by the Secretary of State, he called the names of the members, all of whom came forward and enrolled themselves as follows:

Messrs. D. C. Almon

D. S. Bethune,

W. A. Altman

Samuel Blackwell,

John T. Ashcraft

B. Boykin Boone,

Wm. H. Banks

Leslie E. Brooks,

J. H. Barefield

Cecil Browne,

W. H. Bartlett

Thos. L. Bulger,

J. Robert Beavers

John D. Burnett,

C. P. Beddow

John F. Burns,


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JOURNAL OF ALABAMA

John A. Byars

W. P: Howell,

H. W. Cardon

A. C: Howze,

A. H. Carmichael

W. B. Inge,

M. S. Carmichael

E. C. Jackson,

G. H. Carnathon

Samuel C. Jenkins,

D. C. Case

John C. Jones,

Reuben Chapman

James McLean Jones,

James E. Cobb

Richard C. Jones,

W. T. L. Cofer

Thomas G. Jones,

E. W. Coleman

John J. King,

Thomas W. Coleman

James T.  Kirk,

Thomas J. Cornwell

IV. W. Kirkland,

B. H.  Craig

Wm. N. Knight,

R. M. Cunningham

John B. Knox,

Herbert T. Davis

R. B. Kyle,

John A. Davis

E. W. Ledbetter,

S. H. Dent

Lawrence W. Locklin,

Edw. W. deGraffenried

Tennent Lomax,

J. B. Duke

J. Lee Long,

B. T. Eley

T. L. Long,

John C. Eyster

Robert J. Lowe,

T. M. Espy

W. T. Lowe,

Chas. W. Ferguson

Gordon Macdonald,

Wm. C. Fitts

Lee McMillan,

A. S. Fletcher

Geo. H. Malone,

J. M. Foshee

J. T. Martin,

J. M. Foster

J. C. Maxwell,

Newman H. Freeman

A. H. Merrill,

John A. Gilmore

Charles H. Miller,

W. F. Glover

Joseph N. Miller,

Edward A. Graham

Milo Moody,

Joseph B. Graham

E. R. Morrisette,

L. W.  Grant

W. O. Mulkey,

John W. Grayson

Joel D. Murphree,

Charles H. Greer

C. C. NeSmith,

L.F. Greer

J. D. Norman,

C. L. Haley

Norvelle, R. Leigh, Jr.

William A. Handley

Joseph Norwood,

Geo. P. Harrison

Wm. C. Oates,

John T. Heflin

Emmet O’ Neal ,

J. Thomas Heflin

John W. O’ Neal ,

J. C. Henderson

Henry Opp,

Evans Hinson

Rufus A. O’ Rear,

P. W. Hodges

Dabney Palmer,

O. R. Hood

George H. Parker,


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CONSTITUTIONAL CONVENTION.

John H. Parker

Morgan M. Smith

James P. Pearce

Michael Sollie

Erle Pettus

George A. Sorrell.

E. A. Phillips

N. B. Spears

Harry Pillans

Robert E. Spragins

P. H. Pitt

J. H. Stewart

John H. Porter

S. L. Studdard

John F. Porter

W. H. Tayloe

John F. Proctor

J. F. Thompson

Henry Fontaine Reese

Watkins. M. Vaughan.

N. P. Renfro

Boswell G. Waddell.

Lewis H. Reynolds

Richard W. Walker

R. J. Reynolds

Thomas H. Watts

J. J. Robinson

John B. Weakley

John A. Rogers

James Weatherly

C. J. Rogers Sr.

Frank S. White

Wm. H. Samford

W. W. Whiteside

W. T. Sanders

E. D. Willet

John W. A. Sanford

A. E. Williams

George A. Searcy

Gesner Williams

Henry C. Selheimer

Jere N. Williams

J. O. Sentell

E. P. Wilson

J. B. Sloan

Massey Wilson

Gregory L. Smith

James J. Winn.

Mac A.. Smith

The Chief Justice then administered the following oath to the whole body, standing, it being in the language of the oath presented in the Enabling Act, to wit:

I do solemnly swear that I will support the Constitution of the United States, and I will honestly and faithfully perform the duties which are now to devolve on me as a delegate of this Convention, so help me God.

Upon motion of Mr. Harrison, of Lee, the Convention then adjourned until 11. O clock A. M. on tomorrow.


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JOURNAL OF ALABAMA.

SECOND DAY.

CONSTITUTIONAL CONVENTION HALL.

Montgomery, Ala., Wednesday, May 22, 1901.

The Convention was called to order by the Chief Justice at 11 A.m.

The Divine blessing was invoked by the Rev. Mr. Patterson, of Montgomery.

Upon the call of the roll 150 members, a quorum, responded as follows:

Messrs. A1mon

deGraffenried,

Altman

Duke,

Ashcraft

Eley,

Banks

Eyster,

Barefield

Espy,

Beavers

Ferguson,

Beddow

Fitts,

Bethune

Fletcher,

Blackwell

Foshee,

Boone

Foster,

Brooks

Freeman,

Browne

Gilmore,

Bulger

Glover,

Burnett

Graham (Montgomery),

Burns

Graham (Talladega),

Byars

Grant,

Cardon

Grayson,

Carmichael (Colbert)

Greer (Calhoun),

Carmichael (Coffee)

Greer (Perry),

Carnathon

Haley,

Case

Handley,

Chapman

Harrison,

Cobb

Heflin (Chambers),

Coleman (Greene)

Heflin (Randolph),

Coleman (Walker)

Henderson,

Cornwell

Hinson,

Craig

Hodges,

Cunningham

Hood.

Davis (DeKalb)

Howell,

Davis (Etowah)

Howze,

Dent

Inge,


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Jackson,

Phillips,

Jenkins,

Pillans,

Jones (Bibb),

Pitts,

Jones (Hale),

Porter,

Jones (Montgomery),

Proctor,

Jones (Wilcox),

Reese,

King,

Renfroe,

Kirk,

Reynolds (Chilton),

Kirkland,

Reynolds (Henry),

Knight,

Robinson,

Kyle,

Rogers (Lowndes),

Ledbetter,

Rogers (Sumter),

Leigh,

Samford,

Locklin,

Sanders,

Lomax,

Searcy,

Long (Butler),

Selheimer,

Long (Walker),

Sentell,

Love (Lawrence),

Sloan,

Macdonald,

Smith (Mobile),

McMillan (Baldwin),

Smith, Mac. A.,

McMillan (Wilcox),

Smith, Morgan M.,

Malone,

Sollie,

Martin,

Sorrell,

Maxwell,

Spears,

Merrill,

Spragins,

Miller (Marengo),

Stewart,

Miller (Wilcox),

Studdard,

Moody,

Tayloe,

Morrisette,

Thompson,

Mulkey,

Vaughan,

Murphree,

Waddell,

NeSmith,

Walker,

Norman,

Watts,

Norwood,

Weakley,

Oates,

Weatherly,

O’ Neal  (Lauderdale),

White,

O’ Neal  (Jefferson),

Whiteside,

Opp,

Willett,

O’ Rear,

Williams (Marengo),

Palmer,

Williams (Elmore),

Parker (Cullman),

Wilson (Clarke),

Parker (Elmore),

Wilson (Washington),

Pearce,

Winn-150.

Pettus,


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Mr. Graham moved that the Convention proceed to the election of permanent officers, which motion prevailed.

Mr. T. W. Coleman placed in nomination for President of the Convention Mr. John B. Knox of Calhoun. The motion was seconded by Mr. J. Thomas Heflin, of Chambers. No other nominations being made, Mr. Coleman moved that the rules be suspended and that Mr. Knox be elected by acclamation, which motion prevailed. Mr. Knox was thereupon unanimously elected by acclamation.

The Chair appointed Messrs. T. W. Coleman, Oates and Lomax to advise Mr. Knox of his election and escort him to the President’s chair.

The Chief Justice presented Mr. Knox to the Convention as its President, and relinquished to him the chair.

In accepting it Mr. Knox said:

Gentlemen of the Convention:

I thank you for the high honor you have conferred in elevating me to preside over the deliberations of this Convention. Viewed from the standpoint of my profession, to which, up to this moment, my life’s work has been devoted, it is a great honor, indeed; for I know of no higher honor than can be conferred upon a lawyer than to be made President of the Constitutional Convention, which represents the sovereignty of his people, and numbers among its delegates, in large part, the intellect and talent of the State-those who have in the past, and who will in the future exert a potent influence in shaping and directing the affairs of the State.

IMPORTANCE OF THE ISSUE.

In my judgment, the people of Alabama have been called upon to face no more important situation than now confronts us, unless it be when they, in 1861, stirred by the momentous issues of impending conflict between the North and the South, were forced to decide


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whether they would remain in or withdraw from the Union.

Then, as now, the negro was the prominent factor in the issue.

The Southern people, with this grave problem of the races to deal with, are face to face with a new epoch in Constitution-making, the difficulties of which are great, but which, if solved wisely, may bring rest and peace and happiness. If otherwise, it may leave us and our posterity continuously involved in race conflicts, or, what may be worse, subjected permanently to the baneful influences of the political conditions now prevailing in the State.

So long as the negro remains in insignificant minority, and votes the Republican ticket, our friends in the North tolerate him with complacency, but there is not a Northern State, and I might go further and say there is not an intelligent white man in the North, not gangrened by sectional prejudice and hatred of the South, who would consent for a single day to submit to negro rule.

If the negroes of the South should move in such numbers to the State of Massachusetts or any other Northern State, as would enable them to elect the officers, levy the taxes and control the government and policy of that State, I doubt not they would be met, in spirit, as the negro laborers from the South were met at the State line of Illinois, with baronets, led by a Republican Governor, and firmly but emphatically informed that no quarter would be shown them in that territory.

One has studied the history of recent events to very little purpose who has failed to discover that race prejudice exists at the North in as pronounced a form as at the South, and that the question of negro domination, when brought home, will arouse the same opposition in either section.

And what is it that we do want to do? Why, it is, within the limits imposed by the Federal Constitution, to establish white supremacy in this State.

This is our problem, and we should be permitted to deal with it, unobstructed by outside influences, with a sense of our responsibilities as citizens, and our duty to posterity.


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NORTHERN INTERFERENCE.

Some of our Northern friends have ever exhibited an unwonted interest in our affairs. It was this interference on their part that provoked the most tremendous conflict of modern times; and there are not a few philanthropists in that section who are still uneasy lest we be permitted to govern ourselves and allowed to live up to the privileges of a free and sovereign people! Some of the same, in like missionary spirit, are greatly concerned about the condition of the Chinaman in China, but we do not find them appealing to Congress, or interfering with the local policy of California, a Northern State, for the protection of the Chinaman, who is a resident there, or making any attempt to interfere with the right of that people to govern themselves, and to provide for a pure administration of government and for the protection of property!

If it is the negro that is the object of their solicitude, it would seem-not to speak of Africa itself-they would find an inviting field in Cuba and in our new acquisitions of Hawaii, Porto Rico and the Philippines. The disinclination they exhibit to enter this field only serves to confirm the well- grounded conviction in this section, that the point of their interference is not so much to elevate the black man as it is to humiliate the white man, with whom they have long been in antagonism.

But we may congratulate ourselves that this sectional feeling, which has served to impair the harmony of our common country, and to limit the power and retard the development of the greatest government on earth, is fast yielding; to reason.

While me may differ from him politically, there is not an enlightened and patriotic Southern man who fails to see that much of this result is due to the honorable and statesmanlike policy of the present Chief Executive of these United States, who, by the consideration he has shown our section in many ways, notably in the Spanish-American war, and by refusing to lend his approval to any movement looking to the reduction of our represent-


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tation in Congress or in the Electoral College; has shown himself capable of being President of the whole country, and not merely one section of it, and has been enabled to present the spectacle of a reunited people, and contributed much to place our government in the very front rank with the nations of the world.

THE ATTITUDE OF THE SOUTHERN MAN TOWARDS THE NEGRO.

The Southern man knows the negro, and the negro knows him. The only conflict which has, or is ever likely to arise, springs from the effort of ill-advised friends in the North to confer upon him, without previous training or preparation, places of power and responsibility, for which he is wholly unfitted, either by capacity or experience.

When it comes, however, to dealing with the negro, in domestic service, or in a business way, the Southerner is infinitely more indulgent to him than his Northern compatriot.

There comes to us a well authenticated story from Kentucky, of an old darky, who, after the war, influenced by the delusion that the only friends the negro had were in the North, wandered up into Illinois, hoping to find an easy fortune. But here he soon found, that while the people had much to say to him about the evils of slavery, and the destiny of his race, every one with whom he did business, held him to a strict accountability. Trained, as he was, to the slow movement of the mule in the Southern cornfield and cotton patch, he could not handle the complicated machinery, or keep pace with the quicker methods of farming in the west and so he was soon cast adrift. When he asked for help he was told to go to work, and so he wandered, foot-sore and weary, back through Indiana and Ohio, until he reached again the old Southern plantation in Kentucky. Finding the planter comfortably seated upon his veranda, the old darky approached, hat in hand, and asked for something to eat.


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Why, you damn black rascal, what are you stopping here for? Go into the kitchen and tell the cook to give you something to eat.

Before God, master, the old darkey said, grinning from ear to ear, them’s the sweetest words I heard since I left old Dixie.

The old man was home at last. He was among people who understood him, and whom he understood.

WHITE SUPREMACY BY LAW.

But if we would have white supremacy, we must establish it by law-not by force or fraud. If you teach your boy that it is right to buy a vote, it is an easy step for him to learn to use money to bribe or corrupt officials or trustees of any class. If you teach your boy that it is right to steal votes, it is an easy step for him to believe that it is right to steal whatever he may need or greatly desire. The results of such an influence will enter every branch of society; it will reach your bank, cashiers, and affect positions of trust in every department; it will ultimately enter your courts, and affect the administration of justice.

I submit it to the intelligent judgment of this Convention that there is no higher duty resting upon us citizens and as delegates, than that which requires us to embody in the fundamental law such provisions as will enable us to protect the sanctity of the ballot in every portion of the State.

The justification for whatever manipulation of the ballot that has occurred in this State has been the menace of negro domination. After the war, by force of Federal bayonets, the negro was placed in control of every branch of our government. Inspired and aided by unscrupulous white men, he wasted money, created debts, increased taxes until it threatened to amount to confiscation of our property. While in power, and within a few years, he increased our State debt from a nominal figure to nearly thirty millions of dollars. The right of revolution is always left to every people. Being prostrated by the effects of the war, and unable to take


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up arms in their own defense, in some portions of this State, white men, greatly in the minority, it is said, resorted to stratagem-used their great intellect to overcome the greater numbers of their black opponents. If so, such a course might be warranted when considered as the right of revolution, and as an act of necessity for self-preservation. But a people cannot always live in a state of revolution. The time comes when, if they would be a free, happy and contented people, they must return to a constitutional form of government, where law and order prevail, and where every citizen stands ready to stake his life and his honor to maintain it.

WHAT REMEDY SHALL BE ADOPTED.

Upon the threshold of our deliberations, I will not undertake to indicate to you how you should solve this new and difficult question of Constitutional reform. At the outset of this movement, I venture to suggest that delegates should be cautious in undertaking to define just what provisions would be or should be embodied in the Constitution; that the new Constitution, when made and placed before the people for ratification, would be and ought to be the result of the united action of the Convention; that if one came here with his mind made up and his Constitution in his pocket, he would hardly be in a fit condition to confer with his fellow delegates on this important subject. I still hold this view. I fail to appreciate the idea of those who seem to think it the duty of delegates to this Convention to write out and publish their views before the Convention meets. Under this plan, we would be liable to have as many Constitutions as delegates. What the people want, in my judgment, is an earnest consideration of and consultation upon these important questions, so that the finished work will represent the united wisdom and experience of the Convention.

Mississippi is the pioneer State in this movement. In addition to the payment of a poll tax, there it is provided that only those can vote who have been duly reg-


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istered, and only those can register who can read, or understand when read to them, any clause in the Constitution. The decision as to who are sufficiently intelligent to meet the requirements of the understanding clause is exclusively in the hands of the registrars.

But to this plan, the objection has been urged with force that it perpetuates the very form of abuse from which we are seeking to escape; that elections by managers or registrars is not what we want. Our aim should be for a correction of all evils which threaten the purity of the ballot and the morals of the people.

The provision adopted in South Carolina requires the payment of the poll tax, assessed against him for the previous year, six months before any election, and that the voter shall be duly registered. To be qualified for registration up to January 1st, 1898, voters must have been able to read a clause in the Constitution, or understand or explain it when read by the registration officer; and all who register subsequent to that time must be able both to read and write any section of the Constitution, or else show ownership of property assessed at three hundred dollars or more, and the payment of all taxes assessed against him and collectable during the previous year.

In Louisiana and North Carolina, the methods of relief adopted are substantially the same, and require in addition to the poll tax clause, that the voter shall register in accordance with the provisions of the Constitution, and only those are authorized to register who are able read and write any section of the Constitution in the English language, with the further proviso that no male person who was, on January 1st, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person shall be denied the right to register and vote at any election by reason of his failure to possess the educational qualifications prescribed, provided he registers within the time limited by the terms of the Constitution, which in Louisiana is about six months, in North Carolina about eight years.


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It is contended in defense of this provision, that while in effect, it will exclude the great mass of ignorant negro voters, it does not, in terms, exclude them, and applies generally to all classes of voters, without reference to their race, color or previous condition of servitude; that all negroes who were voters prior to January, 1867,-of whom it was claimed, there were quite a number- could vote, and the descendants-whether slaves or not-of these free negroes, were entitled to vote, and that these were quite numerous. And, on the other hand, that white people born in other countries-emigrants-who cannot read and write, could not vote, nor could white people who were unable to vote in the State in which they lived prior to 1867, unless they were able to read and write. If it be said that this exception permits many more white people to vote than negroes, the answer was that this would be equally true of any proper qualification which might be proposed. It would be true of an educational qualification, and it would be true of a property qualification, the validity of which has never been questioned.

These provisions are justified in law and in morals, because it is said that the negro is not discriminated against on account of his race, but on account of his intellectual and moral condition. There is a difference it is claimed with great force, between the uneducated white man and the ignorant negro. There is in the white man an inherited capacity for government which is wholly wanting in the negro. Before the art of reading and writing was known, the ancestors of the Anglo-Saxon had established an orderly system of government, the basis, in fact, of the one under which we now live. That the negro, on the other hand, is descended from a race lowest in intelligence and, moral perception of all the races, of men. As was remarked by the Supreme Court of the United States, in the case of Williams vs. Mississippi (170 U. S., 213), quoting the Supreme Court of Mississippi, Restrained by the Federal Constitution from discriminating against the negro race, the Convention discriminates against its characteristics and the offenses to which its criminal members are prone.


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As stated by Judge Cooley, the right of suffrage is not a natural right, because it exists where it is allowed to be exercised only for the good of the State-to say that those who participate in the affairs of the State would endanger and imperil the good of the State, have, nevertheless, the right to participate, is not only folly in itself, but it is to set the individual above the State.

THE RIGHT OF SUFFRAGE IN MASSACHUSETTS.

The election laws in Massachusetts contain substantially the same provisions as are embodied in the Constitution of Louisiana and North Carolina just referred to. The election law of that State, as it stands today, provides that the voter must be able to read the Constitution of the Commonwealth in the English language, and to write his name, except that no person who is prevented from reading and writing as aforesaid, by physical disability, or who had the right to vote on the 1st day of May in the year 1857, shall, if otherwise qualified, be deprived of the right to vote by reason of not being able so to read or write.

While it is true that the provisions of this law do not extend to the descendants of the voter, yet it does not seem that on that account the principle involved would be affected. The exception in the Massachusetts law was no doubt directed against illiterate and incompetent immigrants, whereas, the provisions in the Constitution of Louisiana and North Carolina were directed against illiterate and incompetent negroes, as well as foreigners.

But it is beyond the province of courts, it is claimed, to inquire into the motives of the law-making power; their function is confined to ascertaining the meaning and effect of the law drawn in question.

These views have been elaborated and ably defended by Mr. Semmes of Louisiana and by Mr. Rountree and Senator Simmons of North Carolina, from whose able arguments I have greatly profited.


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CONSTITUTIONAL CONVENTION.

They find strong support in the opinion of the Supreme Court of the United States, in the Mississippi case, where it is said: If weakness were to be taken advantage of, it was to be done within the field of permissible action, under the limitations imposed by the Federal Constitution, and the means of it were the alleged characteristics of the negro race, not the administration of the law by officers of the State. Besides, the operation of the Constitution and laws is not limited by their language or effect to one race. Williams vs. Mississippi, 170, U. S., 113.

In Van Valkenberg vs. Brown (13 Am. Rpts., 142), speaking of the limitation imposed upon the States by the recent amendment to the Federal Constitution, the Supreme Court of California say: The mere power of the state to determine the class of inhabitants who may vote within her limits was not curtailed by the Fourteenth Amendment. The Fifteenth Amendment took away her power to discriminate against citizens of the United States on account of either race, color or previous condition of servitude, but the power of exclusion upon all other grounds remains intact.

Practically to the same effect is the decision of the United States, Supreme Court in the case of Minor vs. Happersett, 21 Wall, 162.

The principle of inherited capacity is recognized even by the inspired Apostle, for you remember where Paul, in his epistle to Timothy, when he was preparing to preach the glorious gospel, refers to it even in the matter of faith, for he says: I am persuaded that the unfeigned faith which dwelt first in thy grandmother Lois, and in thy mother Eunice, dwells also in thee.

The great work before this Convention will be to study and carefully consider this question. It is for this purpose that so many of the wise and conservative men of the State, including many of the ablest representatives of the bar, have been asked, for the time, to lay aside their business and the duties of an exacting profession, and consecrate to the service of the State all the talent, experience and ability they possess. I am not prepared to say whether or not this Convention will


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approve the form of relief which has been adopted in our sister States, but I feel confident that there is intelligence and ability enough here to settle this question to the satisfaction of our people. We have inaugurated the movement, and we must succeed, and I confidently believe we will succeed. It is not to be expected that a reform movement like this will meet with universal approval, but when your finished work is submitted, and you present, as I believe you will, a practical solution of the evil conditions under which we now live, it will be appreciated and accepted by our people.

AUTHORITY TO FUND THE STATE DEBT.

There are other questions which might be considered, but to which I shall be able to give only passing notice. In view of the fact that a large part of the State’s bonded indebtedness will soon mature, it is important and necessary that some provision should be made for funding the indebtedness of the State. Very able lawyers have doubted if there be any authority in the State, under the present Constitution to fund the State=s indebtedness. At the time of the adoption of the present Constitution, the creation of debt on the part of State, county and municipal authorities had been abused to such an extent as to cause great alarm, and so the framers of the present Constitution, in their anxiety to curtail this evil, seem not to have provided as fully as might be for the payment of the funding of the States indebtedness by the issuance of new bonds or obligations. The provision of the present Constitution on this subject is as follows:

After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each house of the General Assembly, and the vote shall be taken by yeas and nays, and entered upon the journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be ab-


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solutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed one hundred thousand dollars, to meet deficiencies in the treasury; and until the same is paid, no new loan shall be negotiated; provided, further, that this section shall not be construed as to prevent the issuance of bonds in adjustment of existing state indebtedness.

The power to settle the States then existing indebtedness has been exercised under the debt settlement acts, and a doubt has been raised whether, under the restrictive terms of the present Constitution, there be any power to issue new bonds to pay or fund the debt at its maturity.

There can be no doubt but that the State debt, under present conditions, can be funded at a greatly reduced rate of interest, and at such a rate as will leave the State largely more than the cost of the holding of this Convention.

MUNICIPAL AND COUNTY INDEBTEDNESS.

Then, again, there is the question of the authority of county and municipal governments to create debts totally beyond the resources which must be looked to provide payment. The framers of the present Constitution carefully stipulated a maximum rate of taxation, but made no provision against the creation of debt over and beyond the resources of the county or municipality. Consequently, improvident and unscrupulous officers have been able to impair the credit and fasten a load of debt upon cities and counties in different portions of the State, which has involved many of them in litigation and bankruptcy. Some just provision should be incorporated, limiting the power to create debt beyond the reasonable ability of the county or municipality to pay.


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believe we should keep faithfully the pledges we have given not to increase taxation, but this should not deter us from making every effort to rid our State of the disgrace of its illiteracy. As Dr. Curry forcibly puts it, it will not do to say you are too poor to educate the people-you are too poor not to educate them.

Nothing has so retarded the rapid growth and development of our State as the absence of a well-regulated system of public schools, so as to place within the reach of every child in the State, both rich and poor, the means of obtaining, free of tuition fees, such instruction as will qualify him for the responsible duties of life.

The productive power of labor in Massachusetts is said to be nearly double that of the average for each inhabitant of the whole United States, and the reason assigned is the superior educational advantages she furnishes to her people.

You cannot expect skilled labor to enter our State if, by doing so their children are to be denied the means of a common school education. We must fight ignorance as we would fight malaria, for it is only by educating its people that a State can gain and maintain a proud position among the nations of the earth.

It has been urged in some quarters as a reason why this movement for a new Constitution should be defeated that we propose to adopt a suffrage plank which will offer to the negro an incentive to obtain an education, while the child of the white man will be without a like stimulus, because protected in his right to vote, without regard to the density of his ignorance.

I do not understand that any delegate to this Convention is pledged to any such legislation. We are pledged not to deprive any white man of the right to vote, but this does not extend unless this Convention chooses to extend it beyond the life of voters now living. It is a question to be considered most carefully whether we would be warranted in pursuing any course which would have a tendency to condemn any part of our population to a condition of perpetual illiteracy. Provision of the Constitution prescribing educational


21

CONSTITUTIONAL CONVENTION.

qualifications for the voters as it affects those who now have no right to vote, but in the course of time will acquire the right, are wisely intended to serve not as a curse, but as a noble stimulus to the acquirement of an education and to proper preparation for meeting and discharging the duties of a citizen.

There is strong reason why those who have fought the battles of the State-those who have been trained in the duties of citizenship, and possess character, judgment and intelligence which enable them to appreciate the responsibility it imposes, should not be denied the right to vote, even though they may lack the elements of an education, but it does not follow that it is to the interest of the State that the indulgence should be extended to the second generation-especially so when it is considered that the facilities for learning to read and write are within reach and so easy to obtain!

The States of Mississippi, South Carolina and Louisiana, in dealing with this great question, have rightfully considered that the betterment of the facilities for securing an education for all the people was a necessary and essential part of any just and wise scheme for the regulation of the right of suffrage, and for the purification of the ballot.

There are other matters of importance I might refer to, but I have already continued much longer than was intended. Your work is before you. The responsibilities it imposes are great, but I do not doubt that you will discharge them with courage and with fidelity. In my judgment, it is better-far better-to have accomplished something for the permanent and everlasting good of your people than to possess any honor which the State can confer.

Abou Ben Adhem awakened from a dream, found an angel writing in a book of gold the names of those whom love of God had blessed. And is my name there? he asked. But the angel answered, Nay. I pray thee, then, he said, write me as one who loves his fellow man. The angel wrote and vanished. The next night it came again, with a great wakening light, and showed the names whom love of God had blessed. And, lo! Ben Adhem’s name led all the rest.


22

JOURNAL OF ALABAMA

Upon the conclusion of Mr. Knoxs address, Mr. Brooks moved that the remarks of the President be spread upon the journal of the Convention. The motion was seconded, was put to the Convention by its mover, and was unanimously adopted.

Mr. Ashcraft offered the following resolution, which was unanimously adopted:

Resolved, That the Convention proceed with the further organization by the election of the following officers, in the order named: Secretary, Assistant Secretary, Doorkeeper, Assistant Doorkeeper.

Mr. Carmichael, A. H. placed in nomination for Secretary Mr. Frank N. Julian of Colbert. There being no other nomination, the rules were suspended, and Mr. Julian was elected by acclamation.

Mr. Lomax placed in nomination for Assistant Secretary Mr. William T. Herbert of Montgomery, who was, under a suspension of the rules, also elected by acclamation.

Mr. Graham, J. B., nominated Mr. Robert Hasson of Calhoun for Doorkeeper; the rules were suspended and he was elected by acclamation.

Mr. Sollie nominated Mr. T. J. Fain of Dale for Assistant Doorkeeper, and he was likewise elected by acclamation, the rules having been suspended.

Mr. Smith of Mobile introduced the following resolution, which was unanimously adopted:

Resolution 2-

Resolved, That the President appoint a Committee on rules, of nine members, of which the President shall be the chairman, to report the number of subordinate officers, the manner of their selection, and their duties, the various standing committees, the order of business, and the rules for the government of this Convention.

The following resolution was introduced by Mr. Browne, and was unanimously adopted:

Resolution 3-

Resolved, That until the report of the Committee on Rules, all resolutions shall be referred, without debate, to the appropriate committees when raised.


23

CONSTITUTIONAL CONVENTION.

Mr. Heflin, of Chambers, moved that a, committee of nine, one from each of the Congressional Districts, be appointed by the Chair to select seats for the several members.

Mr. Blackwell, of Morgan, offered as a substitute the following:

Resolved, That in order to equitably assign the delegates seats in this Convention, that the names of all the delegates be placed in a hat and that one of the pages be blindfolded and draw one at a time the names from the hat, and that the Secretary immediately read the names so drawn, and that the party whose name is read at once select his seat. And after all the seats are so drawn, delegates shall have the right to exchange seats if they so desire.

The substitute was adopted.

Mr. Oates offered the following resolution:

Resolved, That a special committee of nine members be appointed by the Chair, to take into consideration the advisability of contracting with an expert stenographer to report the proceedings of this Convention in full, and the necessary cost thereof, and report the same to the Convention at the beginning of tomorrows session.

The rules were suspended and the resolution was adopted.

Mr. Sanford offered the following resolution, which was referred to the Committee on Rules:

Resolved, That this Convention will entertain no motion, resolution or ordinance, having for its object the revision or amendment of the Constitution, until the committees are appointed by the President.

On motion of Mr. Eyster, the oath of office was administered by the President to Messrs. Frank N. Julian, William F. Herbert, Robert Hasson and T. J. Fain, the newly-elected officials of the Convention.

The Journal of yesterday was read and approved.

Indefinite leave of absence was accorded Hon. Jere N. Williams on account of illness in his family.

Mr. Howell offered the following resolution:


24

JOURNAL OF ALABAMA

Resolved, That a committee of three be appointed by the Chair to wait on the clergymen of this city and invite them to lead religious service at the opening of the morning session of this body.

The rules were suspended, and the resolution was unanimously adopted.

Mr. Long of Walker moved a reconsideration of the vote by which Mr. Blackwells resolution relating to the assignment of seats had passed.

Mr. Fitts made the point of order that, as business had intervened since the adoption of the resolution; Mr. Long’s notion was out of order.

The Chair declined to sustain the point of order. Mr. White spoke in opposition to the motion of Mr. Long, and concluded by moving to lay it on the table, the following being the vote on the motion:

YEAS.

Messrs. President,

Eley,

Almon,

Eyster,

Altman,

Espy,

Ashcraft,

Ferguson,

Banks,

Fitts,

Barefield,

Foshee,

Bartlett,

Foster,

Beavers,

Freeman,

Beddow,

Gilmore

Blackwell,

Graham (Talladega),

Boone,

Grant,

Browns,

Greer (Calhoun),

Bulger,

Handley,

Burnett,

Harrison,

Burns,

Henderson,

Byars,

Hinson,

Carmichael (Colbert),

Hodges,

Carmichael (Coffee),

Howell,

Carnathon,

Jackson,

Cage,

Jones (Hale),

Cunningham,

Jones (Wilcox),

Dent,

King,

deGraffenried,

Kirk,


25

CONSTITUTIONAL CONVENTION.

 

Pettus,

Ledbetter,

Phillips,

Leigh,

Pillans,

Locklin,

Pitts,

Lomax,

Porter,

Long (Butler),

Proctor,

Lowe (Lawrence),

Reynolds (Chilton),

Macdonald,

Reynolds (Henry),

McMillan (Baldwin),

Rogers (Sumter),

McMillan (Wilcox),

Samford,

Malone,

Sanders,

Martin,

Sentell,

Maxwell,

Sloan,

Merrill,

Smith (Mobile),

Miller (Marengo),

Smith, Mac. A.,

Miller (Wilcox),

Smith, Morgan M.,

Moody,

Sollie,

Mulkey,

Sorrell,

Murphree,

Spears,

NeSmith,

Studdard,

Norman,

Thompson,

Norwood,

Vaughan,

Oates,

Waddell,

O’ Neal  (Lauderdale),

Walker,

O’ Neal  (Jefferson),

Weakley,

Opp,

Weatherly,

O’Rear,

White,

Palmer,

Whiteside

Parker (Cullman),

Wilson (Clarke),

Parker (Elmore),

Wilson (Washington).

Pearce,

Winn.

NOES.

Messrs. Bethune,

Craig,

Brooks,

Davis (DeKalb),

Cardon,

Davis (Etowah),

Chapman,

Duke,

Cobb,

Fletcher,

Coleman (Greene),

Glover,

Coleman (Walker),

Graham (Montgomery),

Cornwell,

Grayson,


26

JOURNAL OF ALABAMA

Greer (Perry),

Reese,

Haley,

Robinson,

Heflin (Chambers),

Rogers (Lowndes),

Heflin (Randolph),

Sanford,

Hood,

Searcy,

Howze,

Selheimer,

Inge,

Spragins,

Jenkins,

Stewart,

Jones (Hale),

Tayloe,

Jones (Montgomery),

Watts,

Knight,

Willett,

Kyle,

Williams (Marengo).

Long (Walker),

The President declared the motion adopted.

Mr. Cunningham moved that the assigning of seats be made the special order immediately after reading the Journal on to-morrow, the assignment to be in accordance with the resolution heretofore adopted. This motion prevailed.

On motion of Mr. Proctor, the Convention adjourned at 1:10 p. m. until 11 a.m. on to-morrow.

______

THIRD DAY

CONVENTION HALL.

Montgomery, Ala., Thursday, May 23, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. A. L. Andrews of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names:


27

CONSTITUTIONAL CONVENTION.

Messrs. President,

Fletcher,

Almon,

Foshee,

Altman,

Foster,

Ashcraft,

Freeman,

Banks,

Gilmore,

Barefield,

Glover,

Bartlett,

Graham (Montgomery),

Beavers,

Graham (Talladega),

Beddow,

Grant,

Bethune,

Grayson Fletcher,

Blackwell,

Greer (Calhoun),

Boone,

Greer (Perry),

Brooks,

Haley,

Browse,

Handley,

Bulger,

Harrison,

Burnett,

Heflin (Chambers),

Burns,

Heflin (Randolph),

Byars,

Henderson,

Cardon,

Hinson,

Carmichael (Colbert),

Hodges,

Carmichael (Coffee),

Hood,

Carnathon,

Howell,

Case,

Howze,

Chapman,

Inge,

Cobb,

Jackson,

Cofer,

Jenkins,

Coleman (Greene),

Jones (Bibb),

Coleman (Walker),

Jones (Hale),

Cornwell,

Jones (Montgomery),

Craig,

Jones (Wilcox),

Cunningham,

King,

Davis (DeKalb),

Kirk,

Davis (Etowah),

Kirkland,

Dent,

Knight,

deGraffenried,

Kyle,

Duke,

Ledbetter,

Eley,

Leigh,

Eyster,

Locklin,

Espy,

Lomax,

Ferguson,

Long (Butler),

Fitts,

Long (Walker),


28

JOURNAL OF ALABAMA

Lowe (Jefferson),

Robinson,

Lowe (Lawrence),

Rogers (Sumter),

Macdonald,

Samford,

McMillan (Baldwin),

Sanders,

McMillan (Wilcox),

Sanford,

Martin,

Searcy,

Maxwell,

Selheimer,

Merrill,

Sentell,

Miller (Marengo),

Sloan,

Miller (Wilcox),

Smith (Mobile)

Moody,

Smith, Mac. A.,

Morrisette,

Smith, Morgan M.,

Mulkey,

Sollie,

Murphree,

Sorrell,

NeSmith,

Spears,

Norwood,

Spragins,

Gates,

Stewart,

O’ Neal  (Lauderdale),

Studdard,

O’ Neal  (Jefferson),

Tayloe,

Opp,

Thompson,

O’ Rear,

Vaughan,

Palmer,

Waddell,

Parker .(Cullman),

Walker,

Parker (Elmore),

Watts,

Pearce,

Weakley,

Pettus,

Weatherly,

Phillips,

White,

Pillans,

Whiteside,

Pitts,

Willett,

Porters,

 Williams (Marengo),

Proctor,

Wilson (Clarke),

Reese,

Wilson (Washington),

Reynolds (Chilton),

Winn.

Reynolds (Henry),

A quorum was present, one hundred and forty-nine delegates having answered to their names.

JOURNAL.

The Journal of yesterday was read and approved.


29

CONSTITUTIONAL CONVENTION.

On motion of Mr. Harrison, the reading of the address of Hon. John B. Knox on accepting the Presidency of the Convention, was dispensed with.

RESOLUTIONS.

Mr. Thompson offered the following resolution:

Resolved, That, in the drawing about to take place, if any delegate be absent, his colleague, if there be one present from such county, shall have the right to select a seat for such absent member. If there is no delegate present from such county, then the Secretary of this Convention shall select a seat for such absent delegate or delegates.

The rules were suspended, and the resolution was adopted.

Mr. Weatherly offered the following resolution:

Resolved, That Hon. W. C. Oates, Hon. Thos. G. Jones, Hon. T. W. Coleman, Hon. R. W. Walker, Hon. Dabney Palmer, Hon. John F. Burns, Hon. Joel D. Murphree, and Hon. George P. Harrison be allowed to select their seats before the commencement of drawing for seats.

The rules were suspended, and the resolution was adopted.

QUESTION OF PRIVILEGE.

Mr. Case arose to a question of personal privilege, and proceeded to state his question of privilege.

Mr. Lowe, of Jefferson, raised the point of order that Mr. Case was not speaking to a question of personal privilege, and that he (Mr. Case) was out of order.

The Chair sustained Mr. Lowe’s point of order.

Mr. Case appealed from the decision of the Chair.

The appeal was not sustained.

REGULAR ORDER.

Mr. Reese demanded the regular order of business, which was the drawing of seats, under the resolution adopted on yesterday, as follows:


30

JOURNAL OF ALABAMA

That in order to equitably assign delegates seats in this Convention, the names of all the delegates be placed in a hat, that one of the pages be blindfolded, and draw one at a time the names from the hat, and that the Secretary, immediately read the name so drawn, and that the party whose name is so read at once select his seat, and after all the seats are so drawn delegates shall have the right to exchange seats, if they desire.

ASSIGNMENT OF SEATS.

Under the above RESOLUTION, the President ordered the Secretary to proceed with the drawing of seats. Master Joe King was thereupon blindfolded and the names of all the delegates having been placed in the hat, he proceeded to draw therefrom, one at a time, the said names, and the delegates ordered seated.

APPOINTMENT OF COMMITTEES.

The President appointed the following committee, under resolution which was adopted on yesterday:

Resolved, That a committee of three be appointed by the Chair to wait on the clergymen of this city and to invite them to lead religious services at the opening of the morning session of this body.

COMMITTEE-Messrs. Howell, Watts, Blackwell.

Also, under the resolution adopted yesterday:

Resolved, That a special committee of nine members be appointed by the Chair to take into consideration the advisability of contracting with an expert stenographer to report the proceedings of this Convention in full, and the necessary cost thereof, and report the same to the Convention at the beginning of tomorrows session.

COMMITTEE-Messrs. W. C. Oates, Henry Pillans, A. H. Merrill, Cecil Brown, J. Manley Foster, O. R Hood, John T. Ashcraft, James Weatherly.

Also, under the resolution adopted yesterday:

Resolved, That the President appoint a Committee on Rules of nine members, of which the President shall be chairman, to report the number of subordinate officers, the manner of their selection, and their duties, the


31

CONSTITUTIONAL CONVENTION.

order of business, and the rules for the government of this Convention.

COMMITTEE-Messrs. Knox, Smith (of Mobile), Cunningham, Lomax, Harrison, O’Neal (of Lauderdale), deGraffenried, Browne, J. Thomas Heflin.

RESOLUTIONS.

Mr. O’Neal, of Lauderdale, offered the following resolution:

Resolved, That the privileges of the Convention be extended to General Joseph Wheeler, and that he be invited to a seat on the floor.

Mr. Lowe, of Jefferson, moved to table the resolution offered by Mr. O’Neal.

The motion was lost.

Mr. Cunningham raised the point of order that under the rules, the resolution should go to the Committee on Rules.

The point of order was sustained.

Mr. O’Neal, of Lauderdale, moved that the rules be suspended, and that the resolution be adopted.

Mr. Lowe, of Jefferson, offered the following amendment:

And that all members and ex-members of Congress be admitted to the floor.

Mr. Bulger moved that the amendment offered by Mr. Lowe, of Jefferson, be tabled, and the motion to table prevailed.

The question recurred on the motion of Mr. O’Neal, of Lauderdale, to suspend the rules, and adopt the resolution, and the motion prevailed.

NOTICE OF RECONSIDERATION OF VOTE.

Mr. Lowe, of Jefferson, gave notice that at the proper time on to-morrow, he would move a, reconsideration of the vote by which the resolution extending the privileges of the floor to General Joseph Wheeler was adopted.

Mr. Rogers, of Lowndes, offered the following resolution:


32

JOURNAL OF ALABAMA

Resolved, That this Convention adjourn every day at 1 o’clock p.m.

The resolution was referred to the Committee on Rules.

Mr. Bulger offered the following resolution:

That, whereas, Hon. John B. Knox, the distinguished President of this Convention, at the beginning of the permanent organization, delivered a most able and patriotic address, outlining our plans, policies and duties, looking to the framing of a Constitution of our State;

ATherefore, it be resolved that the Secretary of the Convention be, and is hereby directed to have printed five thousand copies of the address for the else of the members of the Convention.

The resolution was referred to the Committee on Rules.

Mr. Oates offered the following resolution:

That the order to expedite the business of this Convention, the President be authorized to appoint fifteen standing committees as follows, to-wit:

First, a Committee on Bill of Right, of eleven members.

Second, a Committee on State and County Boundaries of eleven members.

Third, a Committee of Legislative Department, of fifteen members.

Fourth, a committee on Judicial Department, fifteen members.

Fifth, a Committee on Executive department, fifteen members.

Sixth, a Committee on Suffrage and Elections of twenty-five members.

Seventh, a Committee on Representation of fifteen members.

Eighth, a Committee on Taxation, fifteen members.

Ninth, a Committee on Education, fifteen members.

Tenth, a Committee on Railroads and Canals, and Private Corporations, fifteen members.

Eleventh, a Committee on Militia, Banks, and Banking and Exempted Property, of thirteen members.


33

CONSTITUTIONAL CONVENTION.

Twelfth, a Committee on Oath of Office, Miscellaneous Provisions, and Mode of Amending the Constitution, of thirteen members.

Thirteenth, a Committee on the Schedule to the Constitution, and upon the Mileage and Pay of Delegates, and Incidental Expenditures, of nine members.

Fourteenth, a, Committee on Rules, and Order of Business, of nine members, of which the President of the Convention shall be Chairman.

Fifteenth, a Committee on the Order, Consistency and Harmony of the Whole Constitution, to consist of the chairman of the first thirteen committees above mentioned.

The resolution was referred to the Committee on Rules.

RECESS.

Mr. Smith, of Mobile, moved that the Convention take a recess of twenty minutes for the purpose of allowing the Committee on Rules to meet, and the motion prevailed.

REPORT OF THE COMMITTEE ON RULES.

Mr. Knox, Chairman of the Committee on Rules, submitted the following partial report:

We, the Committee on Rules, beg leave to submit the following partial report:

We recommend-

First-That the sub-ordinance officers shall be as follows: Ten pages, two messengers, one gallery doorkeeper, one enrolling and engrossing clerk, to be appointed by the President of the Convention.

Second-The Secretary may, from time to time, with the approval of the President, appoint such additional clerical assistance as may be necessary.

Third-The following shall constitute the standing committees of the Convention:

(1) RULES, of Which the President shall be Chairman to be composed of nine members, and which shall have the right to report at any time.


34

JOURNAL OF ALABAMA

(2) JUDICIARY, to be composed of twenty-five members.

(3) A Committee on the Order, Consistency and Harmony of the Whole Convention, to be composed of twenty-five members.

(4) A Committee on Suffrage and Election, to be composed of twenty-five members.

(5) A Committee on Legislative Departments, to be composed of nineteen members.

(6) A Committee on Local Legislation, to be composed of nineteen members.

(7) A Committee on Education, to be composed of nineteen members.

(8) A Committee on Taxation, to be composed of nineteen members.

(9) A Committee of Executive Departments, to be composed of fifteen members.

(10) A Committee on Preamble and Declaration of Rights, to be composed of fifteen members.

(11.) A Committee on Corporations, composed of fifteen members.

(12) A Committee on Representation, composed of fifteen members.

(13) A Committee on Exemption, to be composed of fifteen members.

(14) A Committee on Militia, to be composed of fifteen members.

(15) A Committee on Banks and Banking, to be composed of fifteen members.

(16) A Committee on Municipal Corporations, to be composed of fifteen members.

(17) A Committee on State and County Boundaries, to be composed of fifteen members.

(18) A Committee on Impeachments, to be composed of fifteen members.

(19) A Committee on Amending the Constitution, and Miscellaneous Provisions, composed of fifteen members.

(20) A Committee on the Journal, composed of five members.


35

CONSTITUTIONAL CONVENTION.

(21) A Committee on Schedules, Printing and Miscellaneous Expenses, to be composed of nine members.

Fourth-A majority of each committee shall constitute a quorum.

Fifth-All committees shall be appointed by the President.

Sixth-The following committees shall be entitled to a clerk each, to be appointed by the chairman thereof respectively, whenever, in the opinion of the chairman of either of the said committees, it may be necessary: Rules, Judiciary, Order, Consistency and Harmony of the Constitution, Suffrage and Elections, Education, and Corporations.

Seventh-It shall be the duty of the pages when the Convention is not in session and when directed by the President, to serve the committees.

The report of the committee was adopted.

RESOLUTION.

Mr. Rogers, of Sumter, offered the following resolution:

Resolved, That the Secretary of this Convention procure and have printed, in consolidated form, for the use of its members, five hundred copies of these sections, relating to suffrage in the Constitutions of the following States:

Connecticut, Massachusetts, Maryland, Pennsylvania, North and South Carolina, Mississippi, Louisiana, California, and Utah.

The resolution was referred to the Committee on Rules.

APPOINTMENT OF PAGES AND MESSENGERS.

The President announced the appointment of the following pages and messengers:

PAGES-Master Henry Long, Master Eyster, Master Reese, Master Prowell, Master Gaston, Master Tutwiler, Master Wilson, Master Driver, Master Nest, Master Alley.


36

JOURNAL OF ALABAMA

MESSENGERS-Master Joseph King, Master M. J. Bulger.

APPOINTMENT OF ENGROSSING AND ENROLLING CLERK.

The President announced the appointment of Mrs. L. W. Francis, of Jefferson, as engrossing and enrolling clerk.

APPOINTMENT OF DOORKEEPER OF THE GALLERY.

The President announced the appointment of W. H. Manghan, of Calhoun, as doorkeeper of the gallery.

SEATS AND DESKS.

On motion of Mr. DeGraffenreid, the doorkeeper of the Convention was instructed to procure seats and desks for such delegates as had failed to secure them by the drawing.

ADJOURNMENT.

On motion of Mr. DeGraffenreid, the Convention adjourned until 11 o’clock to-morrow morning.

FOURTH DAY.

CONVENTION HALL.

Montgomery, Ala., Friday, May 24, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. A. L. Andrews of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names:


37

CONSTITUTIONAL CONVENTION.

Messrs. President,

Glover,

Altman,

Graham (Montgomery),

Ashcraft,

Graham (Talladega),

Banks,

Grant,

Barefield,

Grayson,

Bartlett,

Greer (Calhoun),

Beavers,

Greer (Perry),

Beddow,

Haley,

Bethune,

Handley,

Blackwell,

Harrison,

Boone,

Heflin (Chambers),

Brooks,

Heflin (Randolph),

Browne,

Henderson,

Bulger,

Hinson,

Burnett,

Hodges,

Byars,

Hood,

Carmichael (Colbert),

Howze,

Carmichael (Coffee),

Inge,

Carnathon,

Jackson,

Case,

Jenkins,

Chapman,

Jones (Bibb),

Cobb,

Jones (Hale),

Coleman (Greene),

Jones (Montgomery),

Coleman (Walker),

Jones (Wilcox),

Cornwell,

Kirk,

Craig,

Kirkland,

Cunningham,

Knight,

Cofer,

Ledbetter,

Davis (DeKalb),

Leigh,

Davis (Etowah),

Lomax,

Dent,

Long (Butler),

Duke,

Long (Walker),

Eyster,

Lowe (Jefferson),

Espy,

McMillan (Baldwin),

Ferguson,

McMillan (Wilcox),

Fitts,

Malone,

Fletcher,

Martin,

Foshee,

Maxwell,

Foster,

Merrill,

Freeman,

Miller (Marengo),

Gilmore,

Miller (Wilcox),


38

JOURNAL OF ALABAMA

Moody,

Sanders,

Morrisette,

Sanford,

Mulkey,

Searcy,

Murphree,

Selheimer,

NeSmith,

Sentell,

Norman,

Sloan,

Norwood,

Smith, Mac. A.,

Orates,

Smith, Morgan M.,

O’ Neal  (Lauderdale),

Sollie,

O’ Neal  (Jefferson),

Sorrell,

Opp,

Spears,

O’ Rear,

Spragins,

Palmer,

Stewart,

Parker (Cullman),

Studdard,

Parker (Elmore),

Tayloe,

Pettus,

Thompson,

Phillips,

Vaughan,

Pillans,

Waddell,

Pitts,

Walker,

Porter,

Watts,

Proctor,

Weakley,

Reese,

Weatherly,

Renfro,

White

Reynolds (Chilton),

Whiteside,

Reynolds (Henry),

Williams (Marengo),

Robinson,

Williams (Elmore),

Rogers (Lowndes),

Wilson (Clarke),

Rogers (Sumter),

Wilson (Washington),

Samford,

Winn.

A quorum was present, one hundred and forty delegates having answered to their names.

JOURNAL.

The Journal of yesterday was read and approved.

LEAVE OF ABSENCE.

Leave of absence was granted as follows:

To Messrs. Almon and Lowe, for to-day and to-morrow; to Mr. Macdonald for to-day; to Mr. Merrill, for to-day.


39

CONSTITUTIONAL CONVENTION.

RESOLUTIONS.

Mr. Watts offered the following resolution:

Be it resolved, That with the exception of delegates, officers and employees of this Convention, newspaper reporters, and those especially invited, no one shall be permitted on the floor of the Convention, and the doorkeeper is hereby instructed to enforce this resolution.

The resolution was referred to the Committee on Rules.

Mr. Jackson offered the following resolution:

Resolved, That 500 copies of the platform adopted by the State Democratic Convention of Alabama, on April 19, 1901, be printed and be placed on the desks of the members of this Convention.

The resolution was referred to the Committee on Rules.

Mr. Long, of Walker, offered the following resolution:

Resolved, That 500 copies of the present Constitution of the State of Alabama, as annotated in the Code of Laws of Alabama, be printed in pamphlet, form, for the use of the members of this Convention.

The resolution was referred to the Committee on Rules.

Mr. Reese offered the following resolution:

Whereas, more than nine-tenths of the members of this Convention have, prior to their election, pledged the people of Alabama, that no new Constitution would be adopted without first submitting the same to the people for ratification; now, therefore, be it Resolved, That it is the sense of this Convention that such Constitution as may be adopted by this Convention, shall be submitted to the qualified voters of Alabama for ratification.

Mr. Reese moved that the rules be suspended and that the resolution be put upon its passage.

Mr. Watts moved to strike out the preamble of the resolution.

Mr. Reese, by unanimous consent, agreed to the motion of Mr. Watts, and the resolution, as amended, read as follows:


40

JOURNAL OF ALABAMA

Be it resolved, that it is the sense of this Convention that such Constitution as may be adopted by this Convention, shall be submitted to the qualified voters of Alabama for ratification.

Mr. Lomax offered the following substitute for the resolution offered by Mr. Reese:

Resolved, That it is the sense of this Convention that all the pledges of the Democratic party made in the platform adopted in April, 1901, that that the Constitution adopted by this Convention shall be submitted to the people, shall be carried out and fulfilled.

Mr. Brooks demanded the previous question, and resolution, which was ordered.

Mr. Walker moved to table the substitute offered by Mr. Lomax, and the motion prevailed.

The question recurred on the motion of Mr. Reese on a suspension of the rules and passage of the resolution.

Mr. Cunningham demanded a yea and nay vote.

The rules were suspended, and the resolution was adopted, yeas, 145; nays, 0.

YEAS.

Messrs. President,

Carmichael (Colbert),

Altman,

Carmichael (Coffee),

Ashcraft,

Carnathon,

Banks,

Case,

Barefield,

Chapman,

Bartlett,

Cobb,

Beavers,

Cofer,

Beddow,

Coleman (Greene),

Bethune,

Coleman (Walker),

Blackwell,

Cornwell,

Boone,

Craig,

Brooks,

Cunningham,

Browne,

Davis (DeKalb),

Bulger,

Davis (Etowah),

Burnett,

Dent,

Burns,

Duke,

Byars,

Espy,

Cardon,

Eyster,


41

CONSTITUTIONAL CONVENTION.

Ferguson,

McMillan (Baldwin),

Fitts,

McMillan (Wilcox),

Fletcher,

Malone,

Foshee,

Martin,

Foster,

Maxwell,

Freeman,

Merrill,

Gilmore,

Miller (Marengo),

Glover,

Miller (Wilcox),

Graham (Montgomery),

Moody,

Graham (Talladega),

Morrisette,

Grant,

Mulkey,

Grayson,

Murphree,

Greer (Calhoun),

NeSmith,

Greer (Perry),

Norman,

Haley,

Norwood,

Handley,

Oates,

Harrison,

O’Neal (Lauderdale),

Heflin (Chambers),

O’Neal (Jefferson),

Heflin (Randolph),

Opp,

Henderson,

O’ Rear,

Hinson,

Palmer,

Hodges,

Parker (Cullman),

Hood,

Parker (Elmore),

Howell,

Pearce,

Howze,

Pettus,

Inge,

Phillips,

Jackson,

Pillans,

Jenkins,

Pitts,

Jones (Bibb),

Porter,

Jones (Hale),

Proctor,

Jones (Montgomery),

Reese,

Jones (Wilcox),

Renfro,

Kirk,

Reynolds (Chilton),

Kirkland,

Reynolds (Henry),

Knight,

Robinson,

Ledbetter,

Rogers (Lowndes),

Leigh,

Rogers (Sumter),

Locklin,

Samford,

Lomax,

Sanders,

Long (Butler),

Sanford,

Long (Walker),

Searcy,


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JOURNAL OF ALABAMA

Selheimer,

Vaughan,

Sentell,

Waddell,

Sloan,

Walker,

Smith (Mobile),

Watts,

Smith, Mac. A.,

Weakley,

Smith, Morgan M.,

Weatherly,

Sollie,

White,

Sorrel1,

Whiteside,

Spears,

Williams (Marengo),

Spragins,

Williams (Elmore),

Stewart,

Wilson (Clarke),

Studdard,

Wilson (Washington),

Tayloe,

Winn.

Thompson,

Mr. Harrison offered the following resolution:

Resolved, That when this Convention adjourn to-day it adjourn to meet at 12 o’clock on Monday next.

Mr. Harrison moved that the rules be suspended and that the resolution be put on its immediate passage.

Mr. Cunningham raised the point of order that the resolution was a privileged resolution, and did not require a suspension of the rules.

The Chair sustained the point of order, and the resolution was adopted.

PRIVILEGES OF THE FLOOR.

Mr. Oates moved that the privileges of the floor be extended to the Hon. E.W. Pettus.

Mr. O’Neil, of Jefferson, moved to amend the motion of Mr. Oates by including the Hon. John T. Morgan.

The amendment was accepted, and the motion was unanimously adopted.

RESOLUTIONS

Mr. Pettus offered the following resolution:

Be it resolved, That in its action this Convention shall adhere and be governed by the act of the General Assembly, approved December 11, 1900, providing for


43

CONSTITUTIONAL CONVENTION.

the holding of this Convention.

The resolution was referred to the Committee on Rules.

REPORT OF SPECIAL COMMITTEE.

Your committee to inquire into the desirability, practicability and probable cost of obtaining a full and accurate stenographic report of the proceedings of this Convention, make the following report:

We called before us the stenographers applying for the contract, and received from them such information touching said work as was obtainable.

Mr. McGauly submitted the following proposition, to-wit:

Montgomery, Ala., May 21, 1901.

Alabama Constitutional Convention, Montgomery, Ala.

Gentlemen-I would respectfully submit the following proposition:

I will undertake to furnish an accurate verbatim stenographic report of each day’s proceedings of the Constitutional Convention, and deliver one thousand (1,000) printed copies thereof, to the Secretary of the Convention by 9 o=clock on the morning of each days succeeding that on which such proceedings were had, for the sum of seventy dollars ($ 70.00) per diem, for whatever number of days the Convention may remain in session. Should the Convention not convene on any day, i. e., Sundays and recess days, no per diem charge to be made.

In consideration of the per diem compensation quoted above, I will undertake to associate with me a sufficient number of skilled and experienced stenographers, men in every way competent to perform this class of work, who will act in relays-succeeding each other at short intervals throughout the session; (2) a staff of type-writers to whom the stenographers will dictate their notes; (3) reliable and responsible printers with ample


44

JOURNAL OF ALABAMA

facilities to print and furnish 1,000 copies of the proceedings each morning by 9 o’clock.

Very respectfully,

PAT MCGAULY.

Messrs. Hoffman & May submitted the following proposition, to-wit:

Montgomery, Ala., May 23, 1901.

To the Committee having in charge the question of stenographical reporting of the proceedings of the Convention, etc.

Gentlemen of the Committee-We beg to submit for your consideration two plans upon which we propose to report the proceedings.

We are informed by the Advertiser that he will print daily, in a separate supplement to his newspaper, the full proceedings of the day before for the sum of $25 per day, and we are authorized to make the proposition to this committee as coming from him. He will furnish to the Convention for this sum 200 copies of the supplement free of charge.

If it is desired to have this done, we will begin delivering copy to him at 1 o’clock each day, and thereafter, with sufficient rapidity, copy will be delivered to him to keep the printers busy and enable them to have the same printed in the morning paper. We will do this for $2,500 for the first thirty working days of the Convention. Should the session of the Convention extend beyond that time, we will perform the same work during the additional time over thirty days for the sum of $425 per week or fraction thereof.

Should it not be desired to print these proceedings daily as above outlined, we will report the proceedings and lay on the table of the Secretary each morning a complete and accurate report of the previous day’s session for $2,250.00 for the first thirty working days of the session, and $350 per week or fraction thereof in excess of that time.

As there are others seeking this contract, and as the work will not be of any service to the Convention or


45

CONSTITUTIONAL CONVENTION.

State unless absolutely accurate, we are willing to submit to the following test: Let our corps of reporters and the corps of any other applicant or applicants take the proceedings on any day named by the committee, and then let the committee order both corps to transcribe the proceedings, or to come before the committee and read from shorthand whatever may be desired and let the contract be awarded the corps showing the greatest facility in reading or making the best transcript, as the case may be.

We wish to assure the committee that we have a corps of reporters whose ability to do this work cannot be questioned, and we are so well satisfied ourselves on this point that we will gladly submit to the severe test of ability above proposed, if it is required.

We are ready to name our corps of reporters to the committee, and would suggest the advisability of having other applicants do the same, that the committee may judge as to whether any particular corps can or cannot do the work in a satisfactory manner.

If either of these propositions is accepted, we request the committee to recommend the appointment of F.O. Hoffman of Mobile and E. L. May of Montgomery, jointly, as the official stenographers of this Convention.

Respectfully submitted,

FRANCIS O. HOFFMAN,

E. L. MAY.

The last proposition, including the printing, would amount in the aggregate to $3,100.00 per month of twenty-six working days, or for thirty days as set forth therein.

The proposition of Mr. McGauly for the same length of time, or twenty-six days, would cost $1,820.00.

No test was made by the committee as to the capacity and efficiency of the bidders, as we had no opportunity in our limited time, but presuming that each of them were capable, and to fix their responsibility for doing the work accurately, we recommend that the successful bidder be required to give a bond, payable to the State of Alabama, to be approved by the President of this


46

JOURNAL OF ALABAMA

Convention, in the sum of $1,500.00, and conditioned that he perform his duties gas such reporter, according to the terms of his contract.

Your committee recommend a, full and complete report of the proceedings of this Convention, and its Mr. McGauly’s proposition incurs much less expense to the State than that of Messrs. Hoffman & May, the committee recommend that it be accepted by the Convention.

Should the aforesaid report be adopted by the Convention, your committee recommends the adoption the following resolution:

Resolved, That the President of this Convention be, and he is hereby authorized to enter into a contract with Mr. Pat McGauly to furnish daily a correct and full stenographic report of the proceedings of this Convention, and to require him to enter into bond with good surety in the penal sum of $1,000,00, payable to the State of Alabama, for the faithful performance of this contract. And any substantial failure on the part of said McGauly to comply with his said contract shall be deemed a breach of said bond.

Your committee asks the adoption of this report, and that they be discharged.

WM. C. OATES.

MINORITY REPORT.

Mr. Ashcraft, of the special committee, offered the following minority report:

Mr. President, and Gentlemen of the Convention: The undersigned, member of the special committee appointed to consider the propriety and expense of a stenographic report of all the proceedings of this Convention, feels constrained to dissent from the opinion of the majority, and begs leave to submit the following minority report:

The Journals of this Convention will contain a full record of all its official proceedings. The stenographic report will contain, in addition to these proceedings, a full report of all speeches and debates. The majority


47

CONSTITUTIONAL CONVENTION.

claimed three advantages for a report of these speeches, and debates:

First-It is claimed that they will throw great light in the future, upon the true interpretation of the Constitution. I can not concur in this view. We and those who are to come after us, will yet be wiser than we are now. We will write a new Constitution with patriotic purposes, based upon the highest reasons within our grasp, and make the noblest uses of it we can. Hereafter the same patriotism, in the light of new and happier experiences, will find higher reasons for our action, and nobler uses for our work. When this work is tested before the Supreme Court of the United States, we do not want that body to search for light amid the impassioned darkness of the debates on the Fourteenth and Fifteenth Amendments. Nor will we want it judged by the bitterness which the sense of our ever pressing injury will be sure to infect our debates. We are going to approach right conclusions, but we will sometimes be driven from the straight course by the irresistible storm.

Second-It is claimed by the majority that the publication of the speeches and debates will be of great value in educating our people to the needs of a new Constitution and the reasons for the particular form it shall take. I do not believe it will possess this value. The press of this State is in favor of this movement, and, if we give good reasons for our course, those reasons will be promulgated and given the widest circulation by our patriotic editors. If we give bad reasons, they will be charitably censored, and the evil influence restrained. Again, the great questions before the Convention will be chiefly determined before the committees, and it is urged by some that the main question we are here to determine should be considered in executive session. While I do not commit myself to this proposition, I mention it to show the anxiety felt as to the nature of the arguments which may be advanced.

Third-The majority claim that a knowledge of the fact that every word is to be recorded will lend dignity and solemnity to the discussions. This does not com-


48

JOURNAL OF ALABAMA

port with my limited observations of men. If there are any who are rash or lightminded, they are, of all persons, least conscious of that fact, and lightly rush in, while those who are conservative and conscious of the weight of responsibility, hesitate. I believe this full report will repress discussion by this latter class, and will increase it by the former class; if any such are members of this Convention.

While I am satisfied that the arrangement planned by the committee is the most advantageous which can be had, I do not believe the proposed investment is the best use that can be, made of the money for the good of the people.

With the profoundest regret, I am, for the reasons briefly stated above, compelled to differ from the able and patriotic gentlemen who compose the majority, and to report that I do not believe it is expedient for this Convention to cause a stenographic report of its proceedings to be made, and to incur the expense thereof.

JOHN T. ASHCRAFT,

Member of the Committee.

Mr. Ashcraft moved to substitute the minority report for the majority report.

Mr. Cobb moved that the further consideration of the report of the committee go over until Monday, and that it be made a special order, on that day immediately after the reading of the Journal.

The motion was lost.

Mr. Oates demanded the previous question on the motion of Mr. Ashcraft to substitute the minority report for the majority report.

The ayes and nays were demanded.

The motion was lost, yeas, 60; nays, 80.

YEAS.

Messrs. Ashcraft,

Bulger,

Barefield,

Burns,

Beavers,

Byars,

Beddow,

Carmichael (Colbert),

Boone,

Carnathon,


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CONSTITUTIONAL CONVENTION.

Case,

McMillan (Wilcox),

Chapman,

Malone,

Cobb,

Maxwell,

Cofer,

Miller (Marengo),

Coleman (Greene),

Moody,

Coleman (Walker),

Mulkey,

Davis (DeKalb),

Norwood,

Duke,

Opp,

Fitts,

Parker (Elmore),

Fletcher,

Pearce,

Glover,

Pettus,

Grayson,

Phillips,

Haley,

Proctor,

Heflin (Chambers),

Reynolds (Henry),

Heflin (Randolph),

Robinson,

Hodges,

Rogers (Lowndes),

Howze,

Samford,

Inge,

Smith, Mac. A.,

Jackson,

Smith, Morgan M.,

Kirk,

Sorrell,

Kirkland,

Spragins,

Ledbetter,

Walker,

Locklin,

Weakley,

Long (Butler),

Williams (Marengo),

NAYS.

Messrs. President,

Dent,

Altman,

Espy,

Banks,

Ferguson,

Bethune,

Foshee,

Blackwell,

Foster,

Brooks,

Freeman,

Browne,

Gilmore,

Burnett,

Graham (Montgomery),

Cardon,

Graham (Talladega),

Carmichael (Coffee),

Grant,

Cornwell,

Greer (Calhoun),

Cunningham,

Greer (Perry),

Davis (Etowah),

Handley,


50

JOURNAL OF ALABAMA

Harrison,

Parker (Cullman),

Henderson,

Pillans,

Hinson,

Mitts,

Hood,

Porter,

Howell,

Renfro,

Jenkins,

Reynolds (Chilton),

Jones (Bibb),

Rogers (Sumter),

Jones (Hale),

Sanders,

Jones (Montgomery),

Sanford,

Jones (Wilcox),

Searcy,

Knight,

Selheimer,

Merrill,

Sentell,

Lomax,

Sloan,

Lowe (Jefferson),

Smith (Mobile),

McMillan (Baldwin),

Sollie,

Martin,

Spears,

Merrill,

Stewart,

Miller (Wilcox),

Studdard,

Morrisette,

Thompson,

Murphree,

Vaughan,

NeSmith,

Waddell,

Norman,

Watt,

Oates,

Weatherly,

O’ Neal  (Lauderdale),

White,

O’ Neal  (Jefferson),

Whiteside,

O’ Rear,

Wilson (Washington),

Palmer,

Winn.

CHANGE OF VOTE.

Mr. Greer, of Calhoun, changed his vote from aye to no for the purpose of moving a reconsideration of the vote.

PAIRS ANNOUNCED.

Mr. Eyster announced that he was paired with the delegate from Perry, Mr. Tayloe, if Mr. Tayloe was present he would vote aye, and Mr. Eyster would vote no.


51

CONSTITUTIONAL CONVENTION.

RECONSIDERATION OF VOTE.

Mr. Browne moved to reconsider the vote by which the minority report was lost, and to lay that motion on the table.

The motion prevailed.

ADOPTION OF MAJORITY REPORT.

Mr. Oates moved that the majority report of the special committee be adopted, and the motion prevailed.

Mr. Long, of Walker, offered a substitute for the majority report. The substitute was ruled out of order.

RESOLUTIONS.

Mr. Eyster offered the following resolution, by request:

Resolved, That in order to test the accuracy of any report that may be made of the proceedings of this Convention, the following tests shall be had:

1. That said reporter or reporters who may be employed to do this work, shall be required on tomorrow morning to furnish a transcript of the proceedings this day had, or such other day as the Convention shall require, and the reporter or reporters furnishing the best transcript shall be awarded the work.

2. That said reporter or reporters shall be called upon to refill their notes on the floor of the Convention when occasion requires, and the reporter or reporters reading their notes most fluently and satisfactorily shall be awarded the work.

3. That the Rules Committee, when said Convention is not in session, shall call said reporters before them and request a reading of any part of their notes, and those reporters reading them most satisfactory shall be awarded the work.

Resolved further, that the Rules Committee may adopt any other mode of testing this question that they may see fit.

Resolved further, that no steps shall be taken to make permanent arrangements with regard to this work until some one of the above tests have been made.


52

JOURNAL OF ALABAMA

Resolved further, that the price shall meet with the approval of the Convention before any work of this character shall be authorized.

Mr. Sanford raised the point of order that the resolution was out of order, in that the majority report of the committee, which had been adopted, authorized a contract with a competent stenographer therein carried, thereby rendering a test unnecessary.

The point of order was sustained, and the resolution was ruled out of order.

ADJOURNMENT.

On motion of Mr. Long, of Butler, the Convention adjourned until 12 o’clock m. Monday.

__________

FIFTH DAY.

CONVENTION HALL.

Montgomery, Ala., Monday, May 27, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Neal Anderson of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names:

Messrs. President,

Blackwell,

Almon,

Boone,

Altman,

Brooks,

Banks,

Browne,

Barefield,

Bulger,

Bartlett,

Burnett,

Beddow,

Burns,

Bethune,

Byars,


53

CONSTITUTIONAL CONVENTION.

Cardon,

Jones (Bibb),

Carmichael (Colbert),

Jones (Hale),

Carmichael (Coffee),

Jones (Montgomery)

Carnathon,

Jones (Wilcox),

Case,

Kirk,

Chapman,

Kirkland,

Coleman (Greene),

Knight,

Coleman (Walker),

Kyle,

Cornwell,

Leigh,

Cunningham,

Lomax,

Davis (DeKalb),

Long (Butler),

Davis (Etowah),

Lowe (Lawrence),

Dent,

Macdonald,

deGraffenried,

McMillan (Wilcox),

Eley,

Malone,

Eyster,

Martin,

Espy,

Miller (Marengo),

Ferguson,

Miller (Wilcox),

Fitts,

Moody,

Fletcher,

Morrisette,

Foshee,

Mulkey,

Foster,

NeSmith,

Freeman,

Norman,

Gilmore,

Norwood,

Glover,

Oates,

Graham (Montgomery),

O’Neal (Lauderdale),

Graham (Talladega),

O’Neal (Jefferson),

Grant,

Opp,

Grayson,

O’ Rear,

Greer (Calhoun),

Palmer,

Handley,

Parker (Elmore),

Harrison,

Pettus,

Henderson,

Phillips

Hinson,

Pillans,

Hodges,

Pitts,

Hood,

Porter,

Howell,

Proctor,

Howze,

Reese,

Inge,

Renfro,

Jackson,

Reynolds (Chilton),

Jenkins,

Reynolds (Henry),


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JOURNAL OF ALABAMA

Rogers (Lowndes),

Studdard,

Rogers (Sumter),

Tayloe,

Samford,

Thompson,

Sanford,

Vaughan,

Searcy,

Walker,

Selheimer,

Watts,

Sentell,

Weakley,

Sloan,

Weatherly,

Smith (Mobile),

White,

Smith, Mac. A.,

Whiteside,

Smith, Morgan M.,

Williams (Barbour),

Sollie,

Williams (Marengo),

Spears,

Williams (Elmore),

Spragins,

Wilson (Clarke),

Stewart,

Winn.

A quorum was present, one hundred and twenty-eight delegates having answered to their names.

LEAVES OF ABSENCE.

Was granted to Messrs. Ledbetter, Sanders, Craig, Ashcraft, Parker of Cullman, Greer of Perry, and Waddell for to-day; to Messrs. Long of Walker, Locklin, Cofer, Haley and Pearce for to-day and to-morrow; to Messrs. Harrison and Renfroe for three days.

JOURNAL.

On motion of Mr. Pettus the reading of the Journal was dispensed with, and the same was referred to the Committee on the Journal.

REPORT OF THE COMMITTEE ON RULES.

Mr. Knox, chairman of the Committee on Rules, submitted the following report:


55

CONSTITUTIONAL CONVENTION.

RULES OF THE CONSTITUTIONAL CONVENTION

1901.

DUTIES AND RIGHTS OF THE PRESIDENT.

Opening of Daily Sessions.

Rule 1.-The President shall take the chair every day at the hour fixed on the preceding adjournment; shall immediately call the delegates to order, and proceed with the regular order of business.

Order: Discussion of Points of: Appeals Therefrom.

Rule 2.-He shall preserve order and decorum; may speak to points of order in preference to other delegates, rising from his chair for that purpose. He shall decide questions of order, subject to an appeal to the Convention, at the request of any delegate; which appeal shall be decided without debate, except that the delegate taking the appeal, or any other delegate to whom he may yield, may speak to the appeal not exceeding five minutes. An appeal shall not be put to the Convention unless it is seconded.

Questions, How Put and Decided.

Rule 3.-He shall rise to put a question, but may state it sitting. All questions shall be distinctly put in this form, viz: Those in favor of (as the question may be) say aye, and after the affirmative vote is expressed those opposed to the motion say no. If the President doubts, or a division is called for before a decision is announced, they shall divide. Those in the affirmative of the question shall rise from their seats; and afterwards those in the negative. The President shall then state the decision of the Convention.

May substitute temporary President.

Rule 4.-He shall have a right to name any delegate to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.

 


56

JOURNAL OF ALABAMA.

Calendar.

RULE 5.-The President shall, whenever he deems it necessary for the speedy dispatch of business, order the calendar printed for the use of delegates.

Signature of President, Etc.; to What Required.

RULE 6.-All ordinances which have been finally acted upon by the Convention, shall be signed by the President, and all other acts of the Convention, except resolutions, which it may become necessary to reduce to writing, shall be evidenced by the signature of the President, attested by the Secretary.

OFFICERS OTHER THAN PRESIDENT.

Officers and Employees; Terms of.

RULE 7.-All officers and employees appointed or elected by the Convention, shall hold their offices at the pleasure of the Convention only, and the clerks of committees at the pleasure of the committee for which they were appointed.

Journal; Endorsement of Resolution, Ect; Documents.

RULE 8.-The Secretary shall keep a correct journal of the proceedings of the Convention in a well-bound book, to be provided for that purpose, and shall read the same daily to the Convention, if required. He shall be responsible to the Convention for the accuracy of the journal, and for the faithful and prompt execution of the work ordered by the Convention. He shall endorse all resolutions and orders proper to be endorsed; he shall keep in his charge all documents in the custody of the Convention, and keep them in order, and shall perform such other duties as may be required by the Convention.

Register of Ordinances.

RULE 9.-The Secretary shall keep a register of ordinances, which shall show the title of each ordinance in the order in which it was introduced, and the several


57

CONSTITUTIONAL CONVENTION.

actions of the Convention shall be noted, with the date of the action, immediately below the title. He shall keep an index to the register, arranged according to the names of the delegates, and also the subject matter of the ordinances.

Sergeant-at-Arms; Door-Keeper.

RULE 10.-The door-keeper shall perform the duties of Sergeant-at-Arms. He shall execute the orders of the President and of the Convention. He shall keep in order the hall. He shall keep the door of the hall, and perform such other duties as may be required of him.

RULES OF DECORUM AND DEBATE.

Delegates Shall Address Chair.

RULE 11.-When any delegate is about to speak or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to the President.

Calling Delegate to Order.

RULE 12.-If any delegate transgress the rules of this Convention, the President shall, or any delegate may, call him to order; in which case the delegate so called to order, if speaking, shall immediately sit down, unless permitted to explain. The point of order raised shall be stated when the delegate is called to order, and decided by the President, and the Convention shall, if appealed to, decide on the case, but without debate. If the decision be in favor of the delegate called to order he shall be at liberty to proceed; if the decision be against him, and he refuses to obey, the President may direct the Sergeant-at-Arms to seat him or remove him from the floor of the Convention, and he may be liable to the censure of the Convention.


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JOURNAL OF ALABAMA

Recognition by the Chair.

RULE 13.-When two or more delegates happen to rise at the same time, the President shall name the person who is first to speak.

Speeches; Number and Length of; Exceptions.

RULE 14.-No delegate shall speak more than once to the same question, nor more than half an hour at anytime, without leave of the Convention, unless he be the mover or chairman of the committee proposing the matter pending, in which case he shall be permitted to speak in reply, but not until every delegate choosing to speak shall have spoken.

Respect to Chair and Delegates; Visiting Secretary’s Desk.

RULE 15.-While the President is putting any question or addressing the Convention, no person shall walk out of or across the hall of the Convention; nor in such case, or when a delegate is speaking, shall entertain private discourse, nor while a delegate is speaking shall pass between him and the Chair. Every delegate shall remain uncovered during the session of the Convention. No delegate or other person shall visit or remain by the Secretary’s table while the yeas and nays are being called, or ballots are being counted.

Personalities.

RULE 16.-Delegates shall particularly forbear personal reflections; nor shall any delegate name another in argument or debate.

Previous Question.

RULE 17.-The previous question shall be in the following form: Shall the main question be now put? If demanded by a vote of a majority of the delegates present, its effect shall but to cut off all debate and bring


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CONSTITUTIONAL CONVENTION.

the Convention to a direct vote, but the mover of the question, or the chairman of the committee having charge of the bill or resolution, shall have the right to close the debate, after the call for the previous question has been sustained, for not more than thirty minutes, unless the Convention extends the time. The demand for the previous question may be limited by the mover to any subsidiary motion or motions not of a higher rank than the motion for the previous question, or made to apply to the main question and all subsidiary motions.

Motion for Previous Question; Incidental Points of Order Pending.

RULE 18.-On a previous question there shall be no debate. All incidental questions of order arising after a motion is made for the previous question, and pending such motion shall be decided, whether on appeal or otherwise, without debate.

Smoking.

RULE 19.-No person shall be allowed to smoke within the house, lobby or gallery.

Applause.

RULE 20.-No applause shall be permitted, either on the floor or in the gallery of the Convention.

Lobby or Gallery May Be Cleared.

RULE 21.-In case of any disturbance or disorderly conduct in the lobby or gallery, the President shall have the power to order the same to be cleared.

ORDER OF BUSINESS.

Order of Business.

RULE 22.-The following shall be the order of business in the Convention:

1. Call to order.


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2. Prayer.

3. Ascertainment of quorum.

4. Report of Committee on Journal.

5. Approval of Journal.

6. Call of the roll in alphabetical order for the introduction of resolutions, memorials, petitions and ordinances, and their proper reference.

7. Reports of standing committees.

8. Reports of special committees.

9. Unfinished business.

10. Special orders.

11. Consideration of ordinances and resolutions which have been reported from committees.

12. Miscellaneous.

If the call of the roll for the introduction of resolutions, etc, is not completed on any day, it shall be resumed on the next day where left off on the preceding day. This provision shall also apply to reports of standing committees.

RESOLUTIONS AND MOTIONS AND THEIR PRECEDENCE.

Motions; Stated or Read; When to Be in Writing.

RULE 23.-When a motion is made, it shall be stated by the President; or if in writing, shall be read aloud by the Secretary; and every motion shall be reduced to writing if the President or any delegate request it.

Withdrawal of Motions.

RULE 24.-After a motion is stated by the President, or read by the Secretary, it shall be deemed in the possession of the Convention, but may be withdrawn by leave of the Convention, at any time before decision.

Precedence of Motions.

RULE 25.-When a question is before the Convention, motions may be received in the following order, to-


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CONSTITUTIONAL CONVENTION.

wit: First, to fix the time to which the Convention shall adjourn; second, to adjourn; third, to lay on the table; fourth, for the previous question; fifth, to postpone to a certain day, not beyond the probable duration of the session; sixth, to commit; seventh, to amend; eighth, to indefinitely postpone. When several motions shall have precedence in the order in which they are arranged and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the sane day and at the same stage of the motion or proposition.

Motion to Adjourn.

RULE 26.-A motion to adjourn shall always be in order, even in the absence of a quorum, except when on the call for the previous question, the main question shall have been ordered, or when the Chair is stating a question, or when the roll is being called or has been called, and the vote has not been announced, or when a vote is being verified, or when a member has the floor,-and such motion shall be decided without debate.

Reconsideration.

RULE 27.-When a vote has passed, except on the previous question, or on motion to lay on the table, or to take from the table, it shall be in order for any delegate who voted with the majority to move for a reconsideration thereof on the same day, or within the morning lesson of the succeeding day, and such motion, if made on the same day, shall be considered on the next succeeding day immediately after the approval of the Journal; but if first moved on such succeeding day, it shall be forthwith considered; and when a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be twice reconsidered. A motion to reconsider a vote, upon any incidental or subsidiary question, shall not remove the main subject under consideration from the house, but shall be considered at the time when it is made.


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Reference of Resolutions.

RULE 28.-All resolutions, before they are voted on, shall be referred to and reported from the Committee on Rules.

Reference; Standing Has Precedence of Special Committee on.

RULE 29.-When motions are made for the reference of a subject to a select committee and a standing committee, the question for the reference to a standing committee shall be first put.

Special Orders.

RULE 30.-Any matter may, by a vote of the majority present, be made the special order for any hour, which shall take precedence, at that hour, of any other business except a motion to reconsider.

Blanks; Filling in.

RULE 31.-Motions to fill blanks shall be considered and treated as other amendments.

Table; Effect of Motion to.

RULE 32.-A motion to table shall carry to the table only the amendment, question or questions to which it is addressed.

RIGHT AND DUTIES OF DELEGATES.

Absentees; Call of the House; Quorum.

RULE 33.-Twenty-five delegates shall have power to send for absent delegates, or to move a call of the house; but no call of the house shall be made except on the concurrence of a majority of the delegates present. A majority of the Convention shall be a quorum to transact business.


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Roll Call; How Made.

RULE 34.-Upon the call of the Convention for taking the ayes and noes on any question, the name of the President shall be first called, and the names of the delegates shall be called alphabetically, and each delegate shall answer from his seat.

Voting; Inquiry of Question Pending.

RULE 35.-When any question is taken by ayes and noes, and it delegate who has been absent returns before the question is decided, he shall be privileged to make inquiry of the subject before the Convention, and record his vote without discussion.

Ayes and Noes; Call for.

RULE 36.-The ayes and noes shall only he ordered when the call therefore is sustained by thirty delegates.

Division of Question.

RULE 37.-Any delegate may call for a division of the question when the sense will admit of it.

Voting by Ayes and Noes; Question Lost if Vote Equally Divided.

RULE 38.-Every delegate may be required to vote on any question before the Convention. When the ayes and noes are ordered, the President shall be first called, and if the Convention be equally divided, the question shall be lost.

Absence of Members.

RULE 39.-No delegate shall absent himself from the session of the Convention, unless he have leave, be sick, or unable to attend.


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Explanation of Vote.

RULE 40.-After a vote has been ordered upon any question, no delegate shall be permitted to explain his vote without the unanimous consent of the Convention.

COMMITTEES.

By Whom Committees Appointed; Quorum; Standing Committees.

RULE 41.-The president shall appoint all committees unless otherwise directed by the Convention. A majority shall constitute a quorum. The following shall constitute the standing committees of the Convention:

(1) Rules, of which the President shall be chairman, to be composed of nine members, and which shall have the right to report at any time.

(2) Judiciary, to be composed of twenty-five members.

(3) Order, Consistency and Harmony of the Constitution, to be composed of twenty-five members.

(4) Suffrage and Elections, to be composed of twenty-five members.

(5) Legislative Department, to be composed of nineteen members.

(6) Local Legislation, to be composed of nineteen members.

(7) Education, to be composed of nineteen members.

(8) Taxation, to be composed of nineteen members.

(9) Executive Department, to be composed of fifteen members.

(10) Preamble and Declaration of Rights, to be composed of fifteen members.

(11) Corporations, to be composed of fifteen members.

(12) Representation, to be composed of fifteen members.

(13) Exemption, to be composed of fifteen members.

(14) Militia, to be composed of fifteen members.


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(15) Banks and Banking, to be composed of fifteen members.

(16) Municipal Corporations, to be composed of fifteen members.

(17) State and County Boundaries, to be composed of fifteen members.

(18) Impeachment, to be composed of fifteen members.

(19) Amending the Constitution, and Miscellaneous Provisions, composed of fifteen members.

(20) Journal, composed of five members.

(21) Schedule, Printing and Incidental Expenditures, to be composed of nine members.

Clerks of Committees.

RULE 42.-The following committees shall be entitled to clerks, to be appointed by the respective chairmen of the Committees, whenever in the discretion of the chairman of either of said committees it may be necessary: Rules, Judiciary, Under, Consistency and Harmony of the Constitution, Suffrage and Elections, Education and Corporations.

Recalling Matter From Committees.

RULE 43.-Any ordinance or resolution may be recalled from a committee by a majority of the whole number of delegates elected to the Convention.

Shall Not Sit During Sessions.

RULE 44.-No committee shall sit during the sitting of the Convention without special leave.

Chairmen of Committees; by Whom Designated.

RULE 45.-The President shall designate who shall be the chairmen of all committees appointed.

Temporary Absence of Chairman.

RULE 46-When the chairman of a committee is sick or unable to perform his duties, or absent from the


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city, the delegate whose name appears second on the committee shall, during the sickness, inability or absence of the chairman, become chairman, and have power to call together the committee for consideration of business.

REGULATIONS GOVERNING ADOPTION OF ORDINANCES.

Introduction, Reference and Printing of Ordinances.

RULE 47.-When any ordinance is introduced it shall be read at length and be referred by the President without a vote being taken, unless otherwise ordered by a two-thirds vote of the Convention, to the appropriate committee. No ordinance shall be reported back from any committee until after the lapse of one entire legislative day. When any committee shall have reported to this Convention any article or section of the proposed Constitution, said article or section shall again be read at length, and three hundred copies thereof printed for the use of delegates; and such article or section shall lie on the table at least one day, and until in regular order it shall be taken up for consideration by the Convention.

Recommitment.

RULE 48.-Ordinances and reports may be recommitted at the pleasure of the Convention.

Yeas and Nays on Final Passage; Journal Entries; Re-Commitment.

RULE 49.-Upon the final adoption of any article or section of the Constitution, the vote shall be taken by yeas and nays and spread upon the Journal, and the article as adopted shall be spread upon the Journal and be referred to the Committee on Order, Consistency and Harmony of the Constitution.


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Ordinance, Title; Paper Upon Which Written; Name of Introducer.

RULE 50.-The title of each ordinance shall state concisely its subject matter, and shall state the article and section of the present Constitution to which it relates, as far as practicable. Each ordinance shall be written on an entire sheet of paper, with the name of the delegate who introduces it, and the title of the ordinance endorsed thereon.

Minority Reports.

RULE 51.-When an ordinance or article is reported to the Convention and a minority report accompanies the majority report, the ordinance or article accompanying the minority report shall be considered an amendment and the same shall be printed and the ordinance or article shall be read a second time; and said ordinance or article and minority report shall be placed on the calendar and be considered on the third reading of the ordinance or article.

Engrossment and Enrollment of Ordinances.

RULE 52.-All articles of the Constitution, after their adoption by the Convention, shall be engrossed before their delivery to the Committee on Order, Consistency and Harmony of the Constitution, and after the report of said committee has been adopted by the Convention said Constitution shall be correctly enrolled.

Report of Entire Constitution to Convention; Action Thereon.

RULE 53.-The Committee on Order, Consistency and Harmony of the Constitution, shall report the entire proposed Constitution to the Convention, and the Constitution so reported shall be read and acted upon


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article by article, and section by section, and submitted to a vote of the Convention; if a majority of, the members present shall vote therefore the same shall be adopted, but if amended in any particular it shall lie re-referred with such amendments to the said committee, who shall cause the Constitution with the amendments so adopted to be rewritten and report the same to the Convention for its action. When the Constitution shall have been finally adopted by the Convention it shall be enrolled, and when enrolled it shall be again read and attested by the President and Secretary, and each delegate to the Convention personally shall sign his name thereto. The signature of a majority of the delegates present, if a majority of the Convention, shall constitute a sufficient attestation.

MISCELLANEOUS.

Definition of Terms Ordinance, Resolution.

RULE 54.-All propositions intended to be incorporated in the Constitution to be formed when herein referred to are designated as ordinances, and other propositions submitted to the Convention when herein referred to are designated as resolutions.

Rules; Suspension of.

RULE 55.-That the rules of the Convention shall not be suspended, except by a two-thirds vote of every delegate present, provided a quorum must vote.

Privileges of the Floor or Hall; Who Entitled to.

RULE 56.-The lobby or floor of the Convention shall be kept clear of all persons who are not entitled to the freedom thereof; and the persons entitled to such freedom of the hall shall be as follows, viz.: (1) Delegates and officers of the Convention; (2) clerks of the committees of the Convention; (3) bona fide representatives of the press.


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Rules; Rescission of; Punishment for Violation.

RULE 57.-None of the foregoing rules shall be rescinded without one day’s notice of the motion thereof being given; and a violation of either of them may be punished by such censure as a majority of the Convention may direct.

Mr. Knox offered the following amendment, which was accepted by the committee:

Add to the end of Rule 3:

Upon the vote being taken, the Chair shall announce that the one or the other side of the question seems to have it; and wait a reasonable time for a demand for a division; when, if no such demand is made, the Chair shall state the decision.

Mr. Jones, of Montgomery, offered the following amendment, which was accepted by the committee:

Add the following at the end of Rule 28:

Except resolutions relating to the privileges of the Convention or its members, the orders of the day, motions to discharge the Committee on Rules from the Consideration of a resolution, or to order it to report back by a day certain.

The report, as amended, was adopted.

ORDER TO PRINT.

Mr. Lomax moved that the Secretary be authorized to have five hundred copies of the Rules printed in pamphlet form, for the use of the delegates.

The motion prevailed.

Mr. Eyster offered the following resolution:

Resolved, That the names of the members of the various committees be printed in the same pamphlet heretofore ordered printed containing the rules of this Convention.

Mr. Cunningham offered the following amendment to the resolution offered by Mr. Eyster:

Amend by adding officers of Convention also, that the list of delegates, alphabetically, with post office address.


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The amendment was adopted.

Mr. Eyster moved that the rules be suspended and that the resolution be adopted. The motion prevailed, and the resolution, as amended, was adopted.

ANNOUNCEMENT OF STANDING COMMITTEES.

The President announced the following standing committees:

COMMITTEE ON JUDICIARY.-Smith of Mobile, Lowe of Jefferson, Walker, Pillans, Fitts, Fitts, Ferguson, Hood, Coleman of Walker, Cobb, Graham of Montgomery; Samford, Willett, Merrill, Taylor, Leigh, NeSmith, Duke, Espy, Davis of DeKalb, Ashcraft, Wilson of Clark, Heflin of Randolph, Kirk, Jones of Hale.

COMMITTEE ON ORDER, CONSISTENCY AND HARMONY OF THE WHOLE CONSTITUTION.-White, Selheimer, Spraggins, Jones of Montgomery, Williams of Barbour, Heflin of Chambers, MacDonald, Davis of DeKalb, Davis of Etowah, Weakley, Sollie, Craig, Martin, Pillans, Beddow, Moody, Carmichael of Colbert, Foster, Sorrell, DeGraffenreid, Norman, McMillan of Wilcox, Sanford, Sentel, Beavers.

COMMITTEE ON SUFFRAGE AND ELECTIONS-Coleman of Greene, White, Miller of Wilcox, Walker, Oates, Weatherly, Smith of Mobile, Jones of Wilcox, O’ Neal  of Lauderdale, Stewart, Howze, Pitts, DeGraffenreid, Morrisette, Rogers of Lowndes, Eyster, Glover, Chapman, Graham of Talladega, Grant, Hood, Harrison, Dent, Parker of Cullman, Handley.

COMMITTEE ON LEGISLATIVE DEPARTMENT.-Oates, Weatherly, Brooks, MacDonald, Heflin of Chambers, Lowe of Jefferson, NeSmith, Carnathon, King, Leigh, Jackson, Espy, Chapman, Pettus, Lowe of Lawrence, Reese, Rogers of Sumter, Porter, Sloan.

COMMITTEE ON LOCAL LEGISLATION.-O’ Neal  of Lauderdale, Watts, Vaughan, Whitesides, Almon, Sanders, Greer of Calhoun, Proctor, Wilson of


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Washington, Haley, Glover, Burnett, Waddell, Inge, O’ Rear, Reynolds of Henry, Kyle, Banks, Reynolds of Chilton.

COMMITTEE ON EDUCATION.-Graham of Talladega, Ashcraft, Pettus, Bulger, Jones of Wilcox, Tayloe, Rogers of Sumter, Robinson, Williams of Barbour, Reese, Renfroe, Opp, Miller of Marengo, Inge, Locklin, Hodges, Altman, Bethune, Mac. A. Smith.

COMMITTEE ON TAXATION.-Browne, Pillans, Harrison, Handley,, Craig, Pearce, Kyle, Long of Butler, Searcy, O’Neal of Jefferson, Maxwell, Burnett, Winn, Kirk, Martin, Coleman of Green, Cunningham, Carnathon, King.

COMMITTEE ON EXECUTIVE DEPARTMENT.-Jones of Montgomery, Fitts, Lomax, Samford, Duke, Hodges, Norwood, M. M. Smith of Autauga, Vaughan, Williams of Marengo, Jenkins, Carmichael of Coffee, Howell, Spears, Hinson.

COMMITTEE ON PREAMBLE AND DECLARATION OF RIGHTS.-Lomax, Vaughan, Eyster, Fitts, Wilson of Washington, Browne, Cornwell, Barefield, Bethune, Carden, Carmichael of Coffee, Case, Blackwell, Bartlett, Phillips.

COMMITTEE ON CORPORATIONS.-Harrison, Rogers of Lowndes, Searcy, Graham of Montgomery, Coleman of Walker, Wilson of Clarke, Proctor, Ferguson, Williams of Marengo, Opp, Long of Butler, Burnett, Almon, Murphree, Cofer.

COMMITTEE ON REPRESENTATION.-Pitts, Williams of Marengo, Bulger, Knight, O’ Rear, Grayson, Almon, Greer of Perry, Davis of Etowah, Carden, Jenkins, Greer of Calhoun, Hinson, Norman, Gilmore.

COMMITTEE ON EXEMPTIONS.-Howze, O’ Neal  of Jefferson, Burns, Selheimer, Sorrell, Heflin of Randolph, Stewart , Morrisette, Long of Walker, Banks, Palmer, Reynolds of Henry, Eley, Grayson, Williams of Elmore.


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COMMITTEE ON MILITIA.-Wilson of Clarke, Greer of Calhoun, Jones of Montgomery, Spraggins, Burns, Waddell, Henderson, M. M. Smith of Autauga, Sanders, Palmer, Jones of Bibb, King, Williams of Elmore, Stoddard, Freeman.

COMMITTEE ON BANKS AND BANKING.-Fletcher, Handley, Cornwell, Ledbetter, Brooks, McMillan of Baldwin, Malone, Renfroe, Dent, Searcy, Parker of Cullman, Maxwell, Eley, Winn, Reynolds of Chilton.

COMMITTEE ON MUNICIPAL CORPORATIONS.-Weakley, Boone, Fletcher, McMillan of Baldwin, Beddow, Sanford, Howell, Parker of Elmore, Pearce, Whitesides, Knight, Kirkland, Mulkey, Phillips, Byars.

COMMITTEE ON STATE AND COUNTY BOUNDARIES.-Parker of Cullman, Reese, Beavers, Jenkins, Cobb, Miller of Marengo, Sentell, Parker of Elmore, Thompson, Moody, Gilmore, Jackson, McMillan of Wilcox, Malone, Blackwell.

COMMITTEE ON IMPEACHMENTS.-Hood, Miller of Wilcox, Grant, Haley, Sorrell, Bulger, Lowe of Jefferson, Merrill, Henderson, Long of Walker, Robinson, Mae. A. Smith of Autauga, Thompson, Willett, Cofer.

COMMITTEE ON AMENDING CONSTITUTION, AND MISCELLANEOUS PROVISIONS.-Foster, Merrill, Jones of Hale, Boone, Altman, Burns, Ledbetter, Norwood, Haley, Cunningham, Sollie, Sentel, Barefield, Lowe of Lawrence, McMillan of Wilcox.

COMMITTEE ON THE JOURNAL.-Proctor, Wilson of Clarke, Carmichael of Colbert, Kirkland, Foshee.

COMMITTEE ON SCHEDULES, PRINTING AND INCIDENTAL EXPENDITURES.-Heflin of Randolph, Greer of Perry, Locklin, Wilson of Washington, Barefield, Henderson, Carmichael of Coffee, Murphree, Jones of Bibb.


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RESOLUTIONS.

Mr. Bulger offered the following resolution:

Resolved, That whereas, the prosperity and welfare of our State depends upon the intelligence and integrity of our people.

That, whereas, in the past few years we have made rapid and permanent progress in providing facilities for educating the children of our State.

Therefore, be it resolved, It is the sense of this Convention that no backward step in education shall be taken, but this grand work will go on until a free public school is placed in reach of every white child in Alabama.

The resolution was referred to the Committee on Education.

Mr. Graham, of Talladega, offered the following resolution:

Resolved, By this Convention, that our President is hereby requested to extend an invitation to Dr. Jabez L. M. Curry, of Washington, D.C., to address this Convention on the subject of Public Education at his earliest convenience. The specific time and arrangements to be fixed by the Convention upon reply from Dr. Curry.

The resolution was referred to the Committee on Rules.

Mr. Coleman, of Greene, offered the following resolution:

First, resolved, That the rate of taxation relative to the State, counties and municipalities, as fixed by the present Constitution, shall remain unchanged.

Second, no county, subdivision of a county, district, or municipality, shall be authorized to issue bonds, or make contract involving pecuniary obligations, which are matured at a later period than twelve months from the date of such issue, or contract, without first having been approved by a majority vote by ballot of the qualified voters of such counties, subdivision, district or municipality, by an affirmative vote in favor of such issue or contract, and in determining the result of any


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election held for this purpose, no vote shall be counted as an affirmative vote which does not show on its face that such vote was cast in approval of such issue or contract, any legislative provision to the contrary notwithstanding.

The resolution was referred to the Committee on Municipal Corporations.

Mr. Burns offered the following resolution:

That the present limit of taxation, State, county and city, shall not be increased.

The resolution was referred to the Committee on Taxation.

Mr. Boone offered the following resolution:

Resolved, That the Secretary of this Convention be, and is hereby instructed to preserve five copies of printed stenographic reports of the proceedings of this Convention, and when said report is completed, cause the same to be bound and deposited in the office of the Secretary of State.

The resolution was referred to the Committee on Schedules, Printing and Incidental Expenditures.

Mr. Watts offered the following resolution:

Resolved, That the official stenographer be required to deliver each day to the Secretary of State 250 of the 1,000 printed copies of the report of the proceedings of the Convention for the previous day.

Resolved, further, That it should be the duty of the Secretary of State to preserve said 250 copies of said proceedings for such use as the General Assembly may direct.

The resolution was referred to the Committee on Schedules, Printing and Incidental Expenses.

Mr. Henderson offered the following resolution:

Resolved, That the new Constitution provide that the General Assembly shall have no power to enact any law in aid of or pertaining to the removal of the seat of government of this State from where it is now located.

The resolution was referred to the Committee on Legislative Department.

Mr. Henderson also offered the following resolution:


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Resolved, That it be provided in the new Constitution that representation in the General Assembly be based on population of all the people.

The resolution was referred to the Committee on Representation.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, read at length one time, and referred to appropriate committees as follows:

Ordinance No. 1, by Mr. Brooks.

To Amend Sec. 3 of Art. II of the Constitution:

Resolved, That Section 3, of Article II of the Constitution be so amended that it shall read as follows:

After the ratification of this Constitution, no new debt shall be created against, or incurred by this State or its authority, except to repel invasion, or suppress insurrection, and then only by concurrence of two-thirds of the members of each house of the General Assembly, and the vote shall be taken by yeas and nays, and entered on the journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed three hundred thousand dollars, to meet deficiencies in the Treasury; and until the same is paid, no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the refunding, from time to time, of the bonded indebtedness of the State.

The ordinance was referred to the Committee on Taxation.

Ordinance No. 2, by Mr. Brooks:

Resolved, That Section 1 of Article XII of the Constitution be so amended that it shall read as follows:

1.-All able bodied male inhabitants of this State, between the ages of 18 years and 45 years, who are citizens of the United States, or have declared their intention to become such citizens, shall be liable to military duties in the militia of the State. And the General As-


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sembly may provide for the organization from among such citizens, for a State Naval Militia.

The ordinance was referred to the Committee on Militia.

Ordinance No. 3, by Mr. Brooks:

Resolved, That Section 23 of Article XIV of the Constitution be stricken out, and the following substituted:

No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accept, receive or consent to receive, for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, telegraph or telephone rates, from any person or corporation, or make use of the same himself or in conjunction with another. A person who violates any provision of this section shall be deemed guilty of misdemeanor, and shall forfeit his office at the suit of the Attorney General. Any corporation, or officer, or agent thereof, who shall offer or promise to a public officer or person elected to a public office, any such free pass, free transportation, franking privilege, or discrimination, shall also be deemed guilty of a misdemeanor, and liable to punishment, except as herein provided. No person, or officer, or agent of a corporation giving any such free pass, free transportation, franking privilege or discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefore, if he shall testify to the giving of the same.

The ordinance was referred to the Committee on Rules.

Ordinance No. 4, by Mr. Browne:

An ordinance to amend Section 2 of Article XIII of the Constitution. (Relates to public schools).

Be it ordained that Section 2 of Article XIII of the Constitution of 1875 be and the same is hereby amended to read as follows:

Section 2.-The General Assembly shall establish, organize and maintain a system of public schools throughout the State, for the benefit of the children


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thereof between the ages of seven and twenty-one years; provided, separate schools of the same length of term as those provided for other children, shall be provided for the children of citizens of African descent.

The ordinance was referred to the Committee on Education.

Ordinance 5, by Mr. Harrison:

An ordinance to prohibit vagrants from voting in this State.

1.-Be it ordained by the people of Alabama, in Convention assembled, that no vagrant as now defined by the statutes of Alabama shall be allowed to vote at any election in this State.

The ordinance was referred to the Committee on Suffrage and Elections.

ADJOURNMENT.

On motion of Mr. Wilson, of Clarke, the Convention adjourned until to-morrow at 11 o’clock.

SIXTH DAY.

CONVENTION HALL.

Montgomery, Ala., Tuesday, May 28, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Neal Anderson of the city.

ROLL CALL.

On a roll call of the Convention the following delegates answered to their names:

Messrs. President,

Banks,

Almon,

Barefield,

Altman,

Bartlett,

Ashcraft,

Beddow,


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Blackwell,

Henderson,

Boone,

Hinson,

Brooks,

Hodges,

Browne,

Hood,

Bulger,

Howell,

Burnett,

Howze,

Byars,

Inge,

Cardon,

Jackson,

Carmichael (Colbert),

Jenkins,

Carmichael (Coffee),

Jones (Bibb),

Carnathon,

Jones (Montgomery)

Case,

Jones (Wilcox),

Chapman,

Kirk,

Coleman (Greene),

Kirkland,

Coleman (Walker),

Knight,

Cornwell,

Kyle,

Cunningham,

Ledbetter,

Davis (DeKalb),

Leigh,

Davis (Etowah),

Lomax,

deGraffenried,

Lowe (Jefferson),

Duke,

Lowe (Lawrence),

Eley,

Macdonald,

Eyster,

McMillan (Baldwin),

Espy,

McMillan (Wilcox),

Ferguson,

Malone,

Fitts,

Martin,

Fletcher,

Maxwell,

Foshee,

Merrill,

Foster,

Miller (Marengo),

Freeman,

Miller (Wilcox),

Gilmore,

Moody,

Glover,

Morrisette,

Graham (Montgomery),

Mulkey,

Graham (Talladega),

Murphree,

Grant,

NeSmith,

Grayson,

Norman,

Greer (Calhoun),

Norwood,

Greer (Perry),

Oates,

Handley,

O’ Neal  (Lauderdale),

Heflin (Chambers),

O’ Neal  (Jefferson),

Heflin (Randolph),

Opp,


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CONSTITUTIONAL CONVENTION.

O’ Rear,

Sorrell,

Palmer,

Spears,

Parker (Cullman),

Spragins,

Parker (Elmore),

Stewart,

Phillips,

Studdard,

Pillans,

Tayloe,

Porter,

Thompson,

Proctor,

Vaughan,

Reese,

Waddell,

Reynolds (Henry),

Walker,

Robinson,

Watts,

Rogers (Sumter),

Weakley,

Samford,

Weatherly,

Sanders,

White,

Sanford,

Whiteside,

Searcy,

Williams (Barbour),

Selheimer,

Williams (Marengo),

Sentell,

Williams (Elmore),

Sloan,

Wilson (Clarke),

Smith (Mobile),

Wilson (Washington).

Smith, Mac. A.,

Winn.

Sollie,

A quorum was present, one hundred and thirty-three delegates having answered to their names.

LEAVE OF ABSENCE

Was granted to Messrs. King and Reynolds of Chilton for to-day and to-morrow; to Mr. Pitts until Friday; to Messrs. Pettus, Craig and Long of Butler, for to-day; to Mr. Sollie for to-morrow and Thursday; to Mr. Dent for to-day, Wednesday and Thursday; to Mr. Jones, of Hale, indefinitely; to Mr. Watts for to-morrow and Saturday; to Mr. Lomax for to-morrow and until Saturday; and to, Mr. Samford to-morrow.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report:


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The Committee on the Journal beg leave to report that they have examined the Journals for the fourth and fifth days of the Convention, and found the same to be correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

Mr. DeGraffenreid moved that the Journal be approved, and that the further reading of the Journal be dispensed with.

Mr. Beddow moved to table the motion of Mr. DeGraffenreid. The motion to table was lost.

The question recurred on the motion of Mr. DeGraffenreid, and the motion to approve the Journal and dispense with the reading of the same prevailed.

STENOGRAPHIC REPORT.

Mr. Reese called the attention of the Convention to the fact that the official stenographic report did not contain the prayer offered at the opening of each session of the Convention.

The President announced that in the future the report would contain the prayer, offered each morning in full.

QUESTION OF PRIVILEGE.

Mr. Ashcraft arose to a question of personal privilege, and stated that the official stenographic report of Friday’s proceedings had misquoted him in his remarks of that day, in this: I am quoted as saying, I think I have the capacity and the experience which will enable me to express clearly some of the reasons why these reports should not be made, etc. Which is incorrect. I said I wish I had the capacity and the experience which would enable me to express clearly, etc.

The President ordered the official stenographic report to be corrected accordingly.


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CONSTITUTIONAL CONVENTION.

RESOLUTIONS.

The following resolutions were offered, severally, read one time at length, and referred to appropriate committees, as follows:

Resolution 29, by Mr. Howell:

Resolved, That daily session of this Convention shall begin at 10 o’ clock a. m. and adjourn at will.

The resolution was referred to the Committee on Rules.

Resolution 30, by Mr. Lomax:

Resolved, That in any article, adopted by the Committee on Corporations and reported to this Convention, the provisions of the present Constitution as to the powers of corporations shall be preserved so that such powers shall not be enlarged in any respect or particular.

The resolution was referred to the Committee on Corporations.

Resolution 31, by Mr. Malone.

Be it resolved, First, that the new Constitution shall contain a provision permitting each separate township to assess and collect a special school tax of not exceeding twenty-five cents on a hundred dollars of assessed valuation of such township.

Second-That such sum as shall be so raised shall be used in connection with the amount due each township from the general fund of the State, and shall not be used for other purposes than the actual expenses of the school of such township for the scholastic year for which same shall have been raised.

Third-That the amount so raised from the property of persons of African descent shall be used for separate schools for children of African descent, and only such sum.

Fourth-That such election shall be under the State laws, and at an election for such purposes only.

The resolution was referred to the Committee on Education.

Resolution 32, by Mr. Malone:


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Be it resolved, That the new Constitution shall contain a provision for the examination by a competent public official of the financial condition of all State and private banks doing business in this State, and for the publication of same.

The resolution was referred to the Committee on Banks and Banking.

Resolution 33, by Mr. Miller, of Wilcox:

Be it resolved by this Convention, That the formation of school districts be encouraged in furtherance of our public school system, and that Trustees for the management of such schools be elected by the qualified electors of such district, and that the authority to raise funds for the support of district schools and for the building of school houses be delegated to such Trustees, at the option of the qualified voters of the district; and that such a system of district schools be established under well guarded limitations as to taxation, as will meet the inhibitions of the present Constitution, which are set out in case of Schultes vs. Eberly, in 82 Ala., page 242.

The resolution was referred to the Committee on Education.

Resolution 34, by Mr. Reese, of Dallas:

Resolved, That for the purpose of easy reference, the Rules Committee or such other committee as shall have supervision of the printing of the record of the proceedings, shall cause the pages constituting such record to be numbered consecutively in the same manner now practiced in the Congressional Record of the Congress.

The resolution was referred to the Committee on Rules.

Resolution 35, by Mr. Reese of Dallas:

Resolved, That the present constitutional basis of representation of the several counties in the General Assembly shall remain unchanged.

The resolution was referred to the Committee on Representation.

Resolution 36, by Mr. Reese of Dallas:


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CONSTITUTIONAL CONVENTION.

Resolved, That it is the sense of this Convention that the present constitutional provisions relating to exempt property shall remain unchanged.

The resolution was referred to the Committee on Exemptions.

Resolution 37, by Mr. Spraggins of Madison.

Resolved, That in any Constitution that may be framed, it shall be provided that all members of the General Assembly of Alabama shall be elected for four years, and that the General Assembly shall meet once in four years, unless specially called together by the Governor, and that at its sessions only general legislation shall be enacted.

The resolution was referred to the Committee on Legislative Department.

Resolution 38, by Mr. Thompson:

Be it resolved by this Convention, That the Committee on Education shall so frame the article on Education that no money derived by taxation upon the property of white people shall be diverted to or appropriated for the support of any schools other than those for white children.

The resolution was referred to the Committee on Education.

Resolution 39, by Mr. Vaughan, of Dallas:

Whereas, the Democratic Party adopted a platform upon which a large majority of the delegates to this Convention were elected; and,

Whereas, it is right and proper that the provisions of said platform should be observed by this Convention.

Therefore, be it resolved, That there shall be inserted in any Constitution adopted by this Convention provisions regulating suffrage so as not to conflict with the Constitution of the United States, and for the best interests of the tax payers and people of the State of Alabama.

Second, that there shall be inserted in such Constitution a provision limiting the rate of taxation by the State, counties and municipalities, and that such rate of taxation shall not exceed the rate now fixed by the present Constitution, but a lower rate shall be fixed, if practicable.


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Third, that the said Constitution shall not deprive any white man of the right to vote except for conviction of infamous crimes.

Fourth, that Section 39 of Article IV of the present Constitution in reference to the removal and location of the State Capitol shall remain unchanged.

Fifth, that the rights and privileges conferred by the present Constitution upon corporations shall not be enlarged.

The resolution was referred to the Committee on Taxation.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows:

Ordinance No. 6, by Mr. Hodges:

To amend Section 2, Article X I of the Constitution.

(Relates to Education.)

The ordinance was referred to the Committee on Education.

Ordinance No. 7, by Mr. Howell:

To amend Section 2, Article I I, of the Constitution relative to the area of counties.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 8 by Mr. Howze:

Be it ordained by the people of Alabama, in Convention assembled, that the Governor may veto any part or parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law.

The ordinance was referred to the Committee on Executive Department.

Ordinance No. 9, by Mr. Howze:

Be it ordained by the people of Alabama, in Convention assembled, that the salary or fees of any public officer shall not be increased during his term of office.

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance No. 10, by Mr. Howze:


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CONSTITUTIONAL CONVENTION.

Providing for the election of Lieutenant Governor.

The ordinance was referred to the Committee on Executive Department.

Ordinance No. 11, by Mr. Jones, of Montgomery:

To amend Article VIII of the Constitution. (Relates to Suffrage and Elections).

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance No. 12, by Mr. Jones, of Montgomery:

To amend Section 1 of Article VII of the Constitution. (Relates to Impeachments.)

The ordinance was referred to the Committee on Impeachments.

Ordinance No. 13, by Mr. Kirk:

To amend Section 5 of Article V of the Constitution. (Relates to Succession of State Officers).

The ordinance was referred to the Committee on Executive Department.

Ordinance 15, by Mr. Kirk:

To amend Sections 6, 18, 23, and add Section 29 to Article VI of the Constitution. (Relates to holding of Circuit Court).

The ordinance was referred to the Committee on Judiciary.

Ordinance 15, by Mr. Kirkland:

Be it ordained that all officers hereafter elected by the people of the State of Alabama, both State and county, shall be elected at one and the same time for a period of four years from the time of their election, and until their successors are elected; provided, that no officer so elected shall be eligible to succeed himself as such officer.

The ordinance was referred to the Committee on Executive Department.

Ordinance 16, by Mr. Kirkland:

Relating to exemption laws.

The ordinance was referred to the Committee on Exemptions.

Ordinance 17, by Mr. Lomax:

To limit the powers of political or municipal corporations to incur debts and issue bonds.


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The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 18, by Mr. Lomax:

An ordinance limiting the powers of the General Assembly as to local and special legislation.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 19, by Mr. Lomax:

To readopt Section 7 of Article XI as amended, of the present Constitution in reference to taxation by cities, towns and municipal corporations.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 20, by Mr. Lomax:

An ordinance to readopt, with certain changes therein set out, certain sections of the present Constitution in reference to taxation, said sections being part of Article XI of the present Constitution.

The ordinance was referred to the Committee on Taxation.

Ordinance 21, by Mr. Lomax:

An ordinance to readopt the provisions of Article X of the Constitution of 1875 relating to exemptions.

The ordinance was referred to the Committee on Exemptions.

Ordinance 22, by Mr. Lomax:

An ordinance relating to suffrage and elections.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 23,by Mr. Macdonald:

Ordinance to amend Section 22 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 24, by Mr. Macdonald:

Ordinance to amend Section 19 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 25, by Mr. Macdonald:

To amend Article VIII of the Constitution.


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CONSTITUTIONAL CONVENTION.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance No. 26, by Mr. Malone:

To amend Article II of Section 2. (Relates to State and County Boundaries.)

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 27, by Mr. Miller, of Marengo:

(Relates to State and County boundaries.)

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 28, by Mr. Mulkey:

To amend Article V, Section 26 of Constitution. (Relates to Election of Sheriff, and Removal from office).

The ordinance was referred to the Committee on Executive Department.

Ordinance No. 29, by Mr. Murphree:

To amend Section 2 of Article XVII of the Constitution. (Relates to the holding of Constitutional Convention).

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance 30, by Mr. Murphree:

To amend Section 5 of Article XIII: (Relates to maintenance of public schools.)

The ordinance was referred to the Committee on Education.

Ordinance 31, by; Mr. Murphree:

To amend Section 5 of Article IV of the Constitution. (Relates to the holding of the sessions of the Legislature).

The ordinance was referred to the Committee on Legislative Department.

Ordinance 32, by Mr. Murphree:

To amend Section 2, Article X of the Constitution, relating to exemption (homestead).

The ordinance was referred to the Committee on Exemption.

Ordinance 33, by Mr. Oates:

Proposition of Senator John T. Morgan for elective franchise of the Constitution, with brief and citation of authority to sustain the same.


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JOURNAL OF ALABAMA

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 34, by Mr. O’ Neal  of Lauderdale:

To amend Article XII, Section 1 of the Constitution, relating to military duties.

The ordinance was referred to the Committee on Militia.

Ordinance 35, by Mr. O’ Neal , of Lauderdale:

To provide who shall be eligible to hold office under the Constitution and laws of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 36, by Mr. Phillips, of Clay:

To define county boundaries.

The ordinance was referred to the Committee on State anal County Boundaries.

Ordinance 37, by Mr. Pillans:

To amend Article II, Section 2 of the Constitution, relating to removal of county seats.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 38, by Mr. Pillans:

To amend Article 1, Declaration of Rights, relating to prohibition of flogging convicts.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 39, by Mr. Robinson:

To amend Section I, Article XIII of the Constitution, relating to education.

The ordinance was referred to the Committee on Education.

Ordinance 40, by Mr. Samford:

To restrict the issuance of bonds by municipal corporations.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 41, by Mr. Samford:

To provide for the deposit of State funds in State banks.

The ordinance was referred to the Committee on Executive Department.


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CONSTITUTIONAL CONVENTION.

Ordinance 42, by Mr. W. T. Sanders:

To amend Section 1 of Article X of the Constitution, relating to exemptions of personal property.

The ordinance was referred to the Committee on Exemptions.

Ordinance 43, by Mr. Sanders:

To amend Section 2 of Article X of the Constitution, relating to homestead exemptions.

The ordinance was referred to the Committee on Exemptions.

Ordinance 44, by Mr. Sanders:

To amend Section 3 of Article X of the Constitution, relating to homestead exemptions.

The ordinance was referred to the Committee on Exemptions.

Ordinance 45, by Mr. Sanford, of Montgomery:

To prohibit a sentence for contempt of court for any act committed out of its presence, without a trial by jury.

The ordinance was referred to the Committee on Judiciary.

Ordinance 46, by Mr. Sanford, of Montgomery:

To establish executive department of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 47, by Mr. Sorrell:

To amend Section 5 of Article IV of the Constitution, relating to the time when the General Assembly shall meet.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 48, by Mr. Spraggins:

To amend Section 1 of Article XIII of the Constitution, relating to education.

The ordinance was referred to the Committee on Education.

Ordinance 49, by Mr. Spraggins:

To amend Section 2 of Article XI of the Constitution, relating to special tax for school purposes.

The ordinance was referred to the Committee on Education.


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JOURNAL OF ALABAMA

Ordinance 50, by Mr. Thompson of Bibb:

To amend Section 3 of Article VIII of the present Constitution, relative to qualifications for office.

The ordinance was referred to the Committee on Education.

Ordinance No. 51, by Mr. Thompson:

To amend Sec. 8, Art. XIII of the present Constitution. (Relates to Appropriations for Schools.)

The ordinance was referred to the Committee on Education.

Ordinance No. 52, by Mr. Walker:

To regulate the mode of compensating the Clerk of the Supreme Court. (Relates to compensation of Clerk of Supreme Court.)

The ordinance was referred to the Committee on Judiciary.

Ordinance No. 53, by Mr. Walker:

To amend Article XVII of the present Constitution. (Relates to proposed amendments of the Constitution.)

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance No. 51, by Mr. Watts:

To amend Section 23 of Article IV of the present Constitution. (Relates to Local Legislation).

The ordinance was referred to the Committee on Local Legislation.

Ordinance No. 55, by Mr. Watts:

(Relates to Suffrage and Election.)

The ordinance was referred to the Committee on Suffrage and Election.

Ordinance No. 56, by Mr. Whiteside:

An ordinance to fix qualification of Superintendents of Education. (Relates to qualification of Superintendents of Education.)

Ordinance No. 57, by Mr. Williams of Marengo:

To abolish Justice of Peace offices in towns, villages and cities.

The ordinance was referred to the Committee on Judiciary.

Ordinance No. 58, by Mr. Wilson of Clarke:

To define qualification of voters in primary elections.


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CONSTITUTIONAL CONVENTION.

The ordinance was referred to the Committee on Suffrage and Elections.

ADJOURNMENT.

On motion of Mr. Malone the Convention adjourned until 11 o’clock to-morrow morning.

SEVENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Wednesday, May 29, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Neal Anderson of the city.

ROLL CALL.

On a. call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Byars,

Almon,

Cardon,

Altman,

Carmichael (Colbert),

Ashcraft,

Carmichael (Coffee),

Banks,

Carnathon,

Barefield,

Case,

Bartlett,

Chapman,

Beavers,

Cobb,

Beddow,

Coleman (Greene),

Bethune,

Coleman (Walker),

Blackwell,

Cunningham,

Boone,

Davis (DeKalb),

Brooks,

Davis (Etowah),

Browne,

deGraffenried,

Bulger,

Duke,

Burnett,

Eley,

Burns,

Eyster,


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Espy,

McMillan (Baldwin)

Ferguson,

McMillan (Wilcox)

Fitts,

Malone,

Fletcher,

Martin,

Foshee,

Maxwell,

Foster,

Merrill,

Freeman,

Miller (Marengo).

Gilmore,

Miller (Wilcox),

Glover,

Moody,

Graham (Montgomery),

Morrisette,

Graham (Talladega),

Mulkey,

Grant,

Murphree,

Grayson,

NeSmith,

Greer (Calhoun),

Norman,

Greer (Perry),

Norwood,

Haley,

Oates,

Handley,

O’ Neal  (Lauderdale),

Heflin (Chambers),

O’ Neal  (Jefferson),

Heflin (Randolph),

Opp,

Henderson,

O’ Rear,

Hinson,

Palmer,

Hodges,

Parker (Cullman),

Hood,

Parker (Elmore),

Howell,

Pearce,

Howze,

Pettus,

Inge,

Phillips,

Jackson,

Pillans,

Jenkins,

Porter,

Jones (Bibb),

Proctor,

Jones (Montgomery),

Reese,

Jones (Wilcox),

Reynolds (Chilton),

Kirk,

Reynolds (Henry),

Kirkland,

Robinson,

Knight,

Rogers (Sumter),

Kyle,

Samford,

Ledbetter,

Sanders,

Leigh,

Sanford,

Locklin,

Searcy,

Long (Butler),

Selheimer,

Lowe (Lawrence),

Sentell,

Macdonald,

Sloan,


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Smith (Mobile),

Walker,

Smith, Mac. A.,

Weakley,

Smith, Morgan M.,

Weatherly,

Sollie,

White,

Sorrell,

Whiteside,

Spears,

Willett,

Spragins,

Williams (Barbour),

Stewart,

Williams (Marengo),

Studdard,

Wilson (Clarke),

Tayloe,

Wilson (Washington),

Vaughan,

Winn-139.

Waddell,

RECOMMITTAL OF ORDINANCE.

On motion of Mr. Sanford, Ordinance 45:

To prohibit a sentence for contempt of court, for any act committed out of its presence, without a trial by jury.

Was recalled from the Committee on Judiciary and recommitted to the Committee on Preamble and Declaration of Rights.

LEAVES OF ABSENCE.

Was granted to Messrs. Long, of Walker, for to-day; Pearce for to-day; Cornwell for to-day and to-morrow; Thompson indefinitely; Cofer for to-day; Titts for to-morrow, Friday and Saturday; Davis, of Etowah, for to-morrow, Friday and Saturday; Craig for to-day.

JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the sixth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.


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The report of the Committee was concurred in.

Mr. Fitts moved that the reading of the Journal be dispensed with, and that the same be approved. The motion prevailed.

RESOLUTIONS.

The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows:

Resolution No. 42, by Mr. Altman:

To print three hundred copies of Bill of Rights and Constitution. Be it resolved that three hundred copies of the Bill of Rights and Constitution be printed and distributed among the members of the Convention and committees.

The resolution was referred to the Committee on Rules.

Resolution No. 42, by Mr. Case:

Whereas, The State of Alabama is far behind other States appertaining to educational advantages, and most especially as relating to public schools; and

Whereas, It has been suggested that school districts should be laid off in every county be empowered to vote any taxes upon itself for the education of its children, which it may see proper; and that ten cents now levied on every one hundred dollars worth of taxable property by the State, for school purposes, be repealed; and

Whereas, Should that be done, a great many of such school districts would be composed entirely of very poor people, and thinly settled; and

Whereas, It has been further suggested that, when the above mentioned changes shall have been effected, the State shall stop its appropriations to the common schools; and, whereas, should this be done, each such school would be confined, for support, alone to the taxes levied in its own district-which would cause the common schools in the rural districts to languish and die, as it were, for want of sufficient funds with which to


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CONSTITUTIONAL CONVENTION.

educate their children; and many bright-eyed boys and girls, the parents of whole fortune has failed to favor, would not have an equal chance for a common school education with the children of those wealthy districts, blessed with railroads, and the homes of many capitalists and large corporations possessed of their millions. For such last named schools would get the principal amount of such money for educational purposes, leaving the poor rural districts almost absolutely destitute of educational aid; therefore, be it

Resolved, That it is the sense of this Convention that it hold intact the present provision of ten cent tax upon the one hundred dollars of assessable property in the State, to be levied and collected for the support of the common schools; and that it request the Legislature to make additional appropriation for such schools, from time to time, whenever the financial condition of the State will justify it.

The resolution was referred to the Committee on Education.

Resolution No. 43, by Mr. DeGraffenreid:

To authorize the President of this Convention to appoint two shorthand reporters to serve the committees and the members of this Convention.

Resolved, That the President of this convention shall appoint two shorthand reporters, at a salary of $2.50 per day, whose duty it shall be to wait upon and serve the committees of this Convention when directed to do so by the respective chairman thereof, and, when not performing work for the committees, to wait upon and serve the members of this Convention in the preparation of ordinances, resolutions and motions, to be submitted to this Convention. The said shorthand reporters appointed under this resolution shall have, as their regular place of business, the cloak room of the Senate Chamber

The resolution was referred to the Committee on Rules.

Resolution No. 44, by Mr. Eyster:

Resolved, That the office of reading clerk of this Convention is hereby created, and the compensation of


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such reading clerk shall be the same as that of the assistant secretary.

The above resolution was read one time at length, and, on motion Mr. Parker, of Cullman, the rules were suspended, and the motion was adopted.

The following, resolutions were introduced, read one time at length, and referred to appropriate committees, as follows

Resolution No. 45, by Mr. Ferguson:

Resolved, That in framing the suffrage clause to the Constitution to be enacted by this Convention, due regard shall be given to the following well-known principles:

First, that the ability to read and write is not a supreme test of good citizenship.

Second, that the ability to read and write is not a test of bad citizenship.

Third, that the true test of good citizenship is the patriotic and fairly intelligent use of the ballot in the hands of those who look to their country’s good, free from malevolent or corrupting influences of any character whatever, and who, by inherited characteristics, act for the best interests of good government.

Fourth, that it is the purpose of the Convention in conferring, the electoral franchise, to give it in harmony with these principles, to the end that good government shall be made secure, and that substantial, patriotic citizenship shall be recognized in accordance with the Fifteenth amendment to the Federal Constitution.

The resolution was referred to the Committee on Suffrage and Elections.

Resolution No. 46, by Mr. Graham, of Montgomery:

Resolved, That the Secretary of State be and is hereby instructed to furnish each member of this Convention a copy of the Code of Alabama (Civil and Criminal), taking his receipt therefore.

Resolved further, That immediately before this Convention shall adjourn sine die, the members thereof shall return to the Secretary of State the Codes delivered to them, and take up their receipts therefore.


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CONSTITUTIONAL CONVENTION.

The resolution was referred to the Committee on Rules.

By unanimous consent the resolution No. 46 was withdrawn.

Resolution No. 47, by Mr. Greer, of Calhoun:

Resolved, That a tax of $1.50 per head be and is hereby levied against all dogs, bitches, all other species of the canine family, and said tax to be levied, and collected in same manner that present poll tax is levied and collected, the same to be used exclusively for school purposes, and each school district, or township is to have all of said funds collected in its own township or district; provided, however, that any person or persons convicted of stealing a dog, bitch, or other species of dog, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $50 nor more than $500, and may also be sentenced to hard labor for the county for not more than six months, at the discretion of the court, and all such fines collected shall go into the general school fund, and the same shall be distributed as may be prescribed by law.

The resolution was referred to the Committee on Education.

Resolution No. 48, by Mr. Greer, of Calhoun:

Resolved, That no county site shall be removed except it be done by a majority of the voters of the county by ballot.

The resolution was referred to the Committee on State and County Boundaries.

Resolution No. 41, by Mr. Greer, of Calhoun:

Resolved, That no bill shall be introduced in the General Assembly during the last fifteen days of its session that is purely local in its nature.

The resolution was referred to the Committee on Legislative Department.

Resolution No. 51, by Mr. Henderson, of Pike:

Resolved, That five hundred copies of the present Constitution be printed for the use of the members of this Convention.

The resolution was referred to the Committee on Rules.


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JOURNAL OF ALABAMA

Resolution No. 51, by Mr. Henderson:

Resolved, That the rate of interest in this State shall be fixed at six per cent per annum; provided, any rate may be contracted for, not exceeding ten per cent per annum, and that these rates shall not be increased or lessened by law. And that no days of grace be hereafter allowed on commercial or negotiable paper.

The resolution was referred to the Committee on Banks and Banking.

Resolution No. 52 by Mr. Henderson:

Resolved, That a commission known as the Railroad Commission of Alabama be established by the new Constitution. That it consists of one president and two associates. One be elected by the people, one by the Senate, and one to be appointed by the Governor. They shall hold office for six years, but it shall be so arranged that one shall go out of office every two years.

Said Commission shall have powers:

First-To exercise a general supervision over all railroads and other common carriers of this State.

Second-To revise all tariff rates for transportation and adjust the same to just and equitable compensation, and to prevent all unjust discrimination.

Third-To require needful improvements, fencing, and repairs, and to require the establishment and changes of stations.

Fourth-To hear and determine all complaints by and against railroads and other common carriers, and its judgments, orders and decrees shall have the force and effect of judgments of law, and it shall have full power to enforce them, as may be provided by law.

Fifth-Said commission shall do and perform any duty required of it by law.

The resolution was referred to the Committee on Corporations.

Resolution No. 53, by Mr. Henderson:

Resolved, That the new Constitution provide that no person of African descent shall hold office in this State, except as a teacher in the public schools of his race; nor shall any such person be drawn to serve as a juror in the courts of this State.


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CONSTITUTIONAL CONVENTION.

The resolution was referred to the Committee on Judiciary.

Resolution No. 54, by Mr. Henderson:

Resolved, That the new Constitution provide that the Governor of this State shall not be eligible to the Senate of the United States while in office, nor within one year thereafter.

The resolution was referred to the Committee on Executive Department.

Resolution No. 55, by Mr. Henderson:

Resolved, That the new Constitution provide that no member of the General Assembly be allowed mileage for the distance traveled to and from the seat of government, where he travels by public conveyance free of charge.

The resolution was referred to the Committee on Legislative Department.

Resolution No. 56, by Mr. Henderson:

Resolved, That Section 30 of the Declaration of Rights be amended to read as follows:

That no title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and there shall be no unjust discrimination against the rights of persons or the rights of things, except in the exercise of the police powers, and of eminent domain of government, and to exempt from taxation property used for educational, charitable and religious purposes; and that no office shall be created, the appointment to which shall last longer than good behavior.

The, resolution was referred to the Committee on Preamble and Declaration of Rights.

Resolution No. 57, by Mr. Henderson:

Resolved, That no special Tax shall be levied and collected to pay the salary of any officer of this State, nor to maintain any separate State department.

The resolution was referred to the Committee on Taxation.

Resolution No. 58, by Mr. Henderson:

Resolved, That the homestead of every resident of this State be exempt from any sale under execution or


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other legal process from any court, and from sale under mortgage, nor shall the same be waived in any manner for the payment of any claim for money:

Provided, Said homestead shall be liable for the purchase money and for any lien created by law for labor and material furnished for improvements or betterment. If said homestead is not in any city, town or village it shall not exceed in area more than eighty acres, and shall not be increased or lessened in area by law. If in any city, town or village it shall not exceed in value two thousand dollars.

There shall also be exempt in the same manner the following personal property: All household and kitchen furniture, all family portraits and pictures, all books used in the family; but said personal property shall be liable for the payment of any lien for rent for any house used as a dwelling place for such family.

There shall also be exempt from sale under execution or legal process issued from any court, personal property to be selected by the owner not to exceed in value one thousand dollars. But this exemption may be mortgaged, sold by private sale or under legal process where the same is waived as provided by law, for the payment of any debt contracted since the adoption of this Constitution.

The, resolution was referred to the Committee on Exemptions.

Resolution No. 59, by Mr. Henderson:

Resolved, That the new Constitution provide that no bonded indebtedness shall be authorized by law to be created by any county, city, town or other subdivision of the State, unless by the consent of a majority of the legally qualified voters residing within the district to be effected, such consent to be ascertained by an election as may be provided by law. For the payment of bonds issued under this provision for educational purposes, no tax exceeding one-fourth of one per cent shall be levied and collected upon the assessed value of the property within the district for which such bonds may issue.

The resolution was referred to the Committee on Taxation.


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CONSTITUTIONAL CONVENTION.

POINT OF ORDER.

Mr. Weatherly raised the point of order that under Rule 28 all resolutions should be referred to the Committee on Rules.

The point of order was not sustained.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read at length, one time, and referred to appropriate committees, as follows:

Ordinance 59, by Mr. Almon:

To amend Section 5, Article II of the Constitution, relating to taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 60, by Mr. Waddell:

To provide for working the public roads of the State.

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance 61, by Mr. Waddell:

Giving the General Assembly power to pass laws governing the gathering and marketing of farm products raised in this State.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 62, by Mr. Barefield:

To amend Article 1, Section 1, of the Constitution of Alabama, relating; to Declaration of Rights.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 63, by Mr. Beddow:

To amend section 7, Article XI of the Constitution of Alabama, relating to taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 64, by Mr. Beddow:

An ordinance to amend Section 12, Article I, Bill of Rights of the Constitution of Alabama.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.


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Ordinance 65, by Mr. Blackwell:

To prohibit any person who, while a candidate for any office, shall be guilty of bribery or fraud, or willful violation of any election law, from voting or holding office in this State.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 66, by Mr. Blackwell:

To prohibit any person who practices fraud in elections from voting or holding office in this State.

The ordinance referred to the Committee on Suffrage and Elections.

Ordinance 67, by Mr. Blackwell:

To provide for the filling of all vacancies that may occur in county offices by a direct vote of the people.

The ordinance was referred to the Committee on Executive Department.

Ordinance 68, by Mr. Blackwell:

Providing that each county shall have a superintendent of education, who shall be elected by the people, and shall possess certain qualifications.

The ordinance was referred to the Committee on Education.

Ordinance 69, by Mr. Boone:

To amend Article XIV, Section 1, of the Constitution of Alabama, relating to corporations.

The ordinance was referred to the Committee on Corporations.

Ordinance 70, by Mr. Boone:

To amend Article 1, section 12, of the Constitution, relating to trial by jury.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 71, by Mr. Boone:

To amend Article 1, Section 23, of the Constitution of Alabama, relating to ex post facto laws.

The ordinance was referred to the Committee on Preamble and Declaration Rights.

Ordinance 72, by Mr. Boone:

To amend Article XIV, Section 10, of the Constitution of Alabama (relating to corporations.)


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CONSTITUTIONAL CONVENTION.

The ordinance was referred to the Committee on Corporations.

Ordinance 73, by Mr. Browne:

To amend Section 7, of Article XI, of the Constitution, relating to taxation.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 74, by Mr. Bulger:

To revise and amend Article XIII of the present Constitution of the State, which relates to education.

The ordinance was referred to the Committee on Education.

Ordinance 75, by Mr. Burns:

To exempt veterans of the Civil War from payment of licenses, etc.

The ordinance was referred to the Committee on Taxation.

Ordinance 76, by Mr. Burns:

To add an additional section to Article VIII of the Constitution on Suffrage and Elections.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 77, by Mr. Carmichael, of Colbert:

To amend Section 1, of Article XIII of the Constitution, relating to education.

The ordinance was referred to the Committee on Education.

Ordinance 78, by Mr. Carmichael, of Coffee:

To regulate the granting of franchises by municipal corporations.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 79, by Mr. Carmichael, of Coffee:

To amend Section 24 of Article IV, of the present Constitution, relates to local legislation.

The ordinance was referred to the Committee on Local Legislation.

Ordinance 80, by Mr. Carmichael, of Coffee:

To make the pay of the public school teachers a preferred claim.

The ordinance was referred to the Committee on Education.


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Ordinance 81, by Mr. Case, of DeKalb:

To amend Article 1 of the Constitution, relating to Declaration of Rights.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 82, by Mr. Duke:

To amend Section 5 of Article V of the Constitution, relates to the election of Governor and other State officers.

The ordinance was referred to the Committee on Executive Department.

Ordinance 83, by Mr. Duke:

To amend Section 4, of Article IV of the Constitution relating to age of Senators and members of the General Assembly.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 84, by Mr. Eyster:

To amend Section 2 of Article II of the Constitution relating to county boundaries.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 85, by Mr. Eyster:

Repealing paragraph 35 of the Declaration of Rights.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 86, by Mr. Eyster:

Relating to State University.

The ordinance was referred to the Committee on Education.

Ordinance 87, by Mr. Ferguson, of Jefferson:

An ordinance concerning the right of citizens to bear arms.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 88, by Mr. Fitts, of Tuscaloosa:

An ordinance to repeal Section 38 of the present Bill of Rights.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 89, by Mr. Fletcher, of Madison:


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CONSTITUTIONAL CONVENTION.

To amend Section 7 of Article XI of the present Constitution in regard to taxation of municipal corporations.

The ordinance was referred to the Committee on Taxation.

Ordinance 90, by Mr. Foster, of Tuscaloosa:

An ordinance to define general laws:

The ordinance was referred to the Committee on Local Legislation.

Ordinance 91, by Mr. Foster, of Tuscaloosa:

An ordinance to amend Section 1 of Article VIII of the Constitution.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 92, by Mr. Foster, of Tuscaloosa:

An ordinance to amend Section 9 of Article XIII of the Constitution.

The ordinance was referred to the Committee on Education.

Ordinance 93, by Mr. Foster, of Tuscaloosa:

An ordinance to further restrict the powers of the General Assembly.

The ordinance was referred to the Committee on Local Legislation.

Ordinance 94, by Mr. Glover:

An ordinance to amend Section 12, of Article I of the Constitution of Alabama.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 95, by Mr. Glover:

An ordinance to amend Section 1 of Article XIII of the Constitution of Alabama.

The ordinance was referred to the Committee on Education.

Ordinance 96, by Mr. Graham, of Montgomery:

To amend Section 1 of Article V of the Constitution of Alabama. (Relates to Executive Department.)

The ordinance was referred to the Committee on Executive Department.


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Ordinance 97, by Mr. Graham, of Montgomery:

An ordinance to amend Sections 23 and 24 of Article IV of the Constitution of Alabama. (Relates to Legislative Department.)

The ordinance was referred to the Committee on Legislative Department.

Ordinance 98, by Mr. Graham, of Talladega:

An ordinance to amend Section 25 of Article VI of the present Constitution.

The ordinance was referred to the Committee on Judiciary.

Ordinance 99, by Mr. Grayson, of Madison:

An ordinance to amend Section 2 of Article I of the Constitution of 1875. (Relates to Declaration of Rights.)

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 100, by Mr. Grayson:

To amend Article 13, of the Constitution of 1875. (Relates to education.)

The ordinance was referred to the Committee on Education.

Ordinance 101, by Mr. Handley:

Providing for a reduction on taxation in certain contingencies. (Referring to taxation.)

The ordinance was referred to the Committee on Taxation.

Ordinance 102, by Mr. Heflin, of Randolph:

To confirm and ratify Section 12 of Article I of the Constitution. (Referring to right of trial by jury.)

The ordinance was referred to the Committee on Preamble and Declaration of Rights.)

Ordinance 103, by Mr. Hinson:

To amend Section 24 of Article IV of the Constitution. (Relating to local laws).

The ordinance was referred to the Committee on Legislative Department.

Ordinance 104, Mr. Howell:

To regulate the mileage and per diem of members of the General Assembly.


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CONSTITUTIONAL CONVENTION.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 105, by Mr. Howze:

To require salaries of judges to be paid by the State.

The ordinance was referred to the Committee on Judiciary.

REPORT OF THE COMMITTEE ON RULES.

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, submitted the following report:

The Committee on Rules have considered the resolutions hereinafter mentioned, and beg leave to report in regard thereto as follows:

It reports, as a substitute for resolution number 11, offered by Mr. Rogers, of Lowndes, the following resolution, and recommends its adoption by the Convention:

Resolution 11:

Resolved, That until otherwise ordered, this Convention shall meet regularly, at 10 o’clock a. m., and stand adjourned at 1 o’clock p. m.

It reports favorably resolution Number 12, introduced by Mr. Bulger, of Tallapoosa, and recommends its adoption by the Convention.  Said resolution reads as follows:

Resolution 12:

That, whereas, Hon. John B. Knox, the distinguished President, of this Convention, at the beginning of the permanent organization of the Convention, delivered it most able address, outlining our plans, policies and duties looking to the framing of a Constitution for our State; therefore, be it

Resolved, That the Secretary of this Convention be and he is hereby directed to have printed five thousand copies, of the address for the use of the members of the Convention.

Resolution 15:

It reports that the substance of resolution number 15, offered by Mr. Watts of Montgomery, was already been embodied in the rules of the Convention, and that further consideration thereof has, therefore, become unnecessary.

Resolution 14:


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It reports favorably upon resolution number 14, introduced by Mr. Rogers, of Sumter, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That the Secretary of this Convention procure and have printed in consolidated form, for the use of its members, five hundred copies of those sections relating to suffrage in the Constitutions of the following States: Connecticut, Massachusetts, Maryland; Pennsylvania, North and South Carolina, Mississippi, Louisiana, California and Utah.

The said resolutions herein above referred to are herewith returned to the Convention.

Resolution 14:

Mr. O’ Neal , of Lauderdale, offered the following amendment to resolution 14:

Amend by adding to resolution number 14 at the end thereof the following: With the duties of the adoption of such Constitution, and the last statutes of the State of Massachusetts in reference to Suffrage and Elections.

The amendment was accepted by the committee.

Resolution 14:

Mr. Cunningham offered the following amendment to resolution 14:

Amend by adding to such of the Constitution of the United States as relates to Suffrage and Elections.

The amendment was accepted by the committee.

Resolution 11:

Mr. Jones, of Montgomery, offered the following amendment to resolution 11: Amend resolution 11 by striking out the words ˜one o’clock p. m. and inserting in lieu thereof the words at will.

The amendment was lost.

Resolution 11:

Mr. Kirk offered the following amendment to resolution 11:

Amend by striking out the words one o’clock p. m and inserting in lieu thereof the words two o’ clock p. m.

The amendment was lost.

The report of the committee, as amended, was adopted.


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CONSTITUTIONAL CONVENTION.

MEMORIALS.

The President laid before the Convention a memorial from Booker T. Washington, as chairman of a special committee, in behalf of the negro race.

ADJOURNMENT.

On motion of Mr. Greer, of Calhoun, the Convention adjourned until to-morrow morning at 10 o’clock.

EIGHTH DAY.

CONVENTION HALL.

Montgomery, Ala., Thursday, May 30, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Neal Anderson of the city:

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum

Messrs. President,

Browne,

Almon,

Bulger,

Altman,

Burns,

Ashcraft,

Byars,

Banks,

Cardon,

Barefield,

Carmichael (Colbert),

Bartlett,

Carmichael (Coffee),

Beavers,

Carnathon,

Beddow,

Case,

Bethune,

Chapman,

Blackwell,

Cobb,

Boone,

Cofer,

Brooks,

Coleman (Greene),

Coleman (Walker),


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Craig,

Long (Butler),

Cunningham,

Lowe (Lawrence),

Davis (DeKalb),

Macdonald,

deGraffenried,

McMillan (Baldwin),

Duke,

McMillan (Wilcox),

Eyster,

Malone,

Espy,

Martin,

Fletcher,

Maxwell,

Foshee,

Merrill,

Foster,

Miller (Marengo),

Freeman,

Miller (Wilcox),

Gilmore,

Moody,

Glover,

Morrisette,

Graham (Talladega),

Mulkey,

Grant,

Murphree,

Grayson,

NeSmith,

Greer (Calhoun),

Norman,

Greer (Marion),

Norwood,

Haley,

Oates,

Handley,

O’ Neal (Lauderdale),

Heflin (Chambers),

O’ Neal (Jefferson),

Heflin (Randolph),

Opp,

Henderson,

O’ Rear,

Hinson,

Palmer,

Hodges,

Parker (Cullman),

Hood,

Parker (Elmore),

Howell,

Pearce,

Howze,

Pettus,

Inge,

Pillans,

Jackson,

Porter,

Jenkins,

Proctor,

Jones(Bibb),

Reese,

Jones (Hale),

Reynolds (Chilton),

Jones (Montgomery),

Reynolds (Henry),

Jones (Wilcox),

Robinson,

Kirk,

Rogers (Lowndes),

Kirkland,

Rogers (Sumter);

Knight,

Samford,

Kyle,

Sanders,

Ledbetter,

Sanford,

Leigh,

Searcy,

Locklin,


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CONSTITUTIONAL CONVENTION.

Selheimer,

Walker,

Sentell,

Watts,

Sloan,

Weakley,

Smith (Mobile),

Weatherly,

Smith, Mac. A.,

White,

Smith, Morgan M.,

Whiteside,

Sollie,

Willett,

Sorrell,

Williams (Barbour),

Spears,

Williams (Marengo)

Spragins,

Williams (Elmore),

Stewart,

Wilson (Clarke),

Tayloe,

Wilson (Washington).

Vaughan,

Winn.

Waddell,

LEAVES OF ABSENCE.

Was granted to Messrs. Burnett, indefinitely; King, of Marengo, until Tuesday; Graham, of Montgomery, for to-day.

ANNOUNCEMENT OF PLACES OF COMMITTEE MEETINGS.

Mr. Coleman, of Greene, announced the hour and place of the committee meetings as follows:

Suffrage, 9 a. m., Senate Chamber.

Education, 4 to 5 p. m., Supreme Court room at call of the chairman.

Legislative Department, 3 to 4 p. m., 22 2 South Perry Street.

Taxation, 5 p. m., Supreme Court library.

Corporations, 4 p. m., Senate Chamber.

Local Legislation, 8 p.  m., Supreme Court library, at the call of the chairman.

Executive, 4 p. m., 16 Perry Street.

Municipal Corporation, 8 p. m., place to be selected.

Judiciary, 5: 30 p. m., Graham & Steiner’s office.

Banking, room 5, Merchant’s Hotel; call of chairman.

Exemptions, 4: 30. p. m., House Representatives; call of the Chairman.

State and County Boundaries, 8 p. m., Senate Chamber, at the call of the chairman.


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JOURNAL OF ALABAMA

Impeachments, at the call of the chairman.

Amending Constitution, 1 p. m., Supreme Court room, at the call of the chairman.

Schedule and Printing, 9:30 a. m., House of Representatives.

THOMAS W. COLEMAN, Chairman.

Mr. Sanford announced that the Committee on Municipal Corporations would meet in the law office of Hon. John W. A. Sanford, Jr., corner Perry and Dexter Avenue.

Mr. Watts offered an amendment to the report of Committee meetings as follows:

The Committee on Local Legislation will meet at 8 p. m. at the office of Watts, Troy & Caffey.

The amendment was accepted by the committee.

STENOGRAPHIC REPORT.

Mr. Howell offered the following resolution, and the rules were suspended and the resolution was adopted:

Resolution 60, by Mr. Howell:

Whereas, some errors have been found in the official reports of the published proceedings of this Convention, and in order that these errors in future may be corrected.

Be it therefore resolved, That the stenographer is hereby directed each day to correct any error which may have been made in reporting the proceedings on the preceding day, under the appropriate head.

Mr. Ferguson called the attention of the Convention to a mistake in the stenographic report of the proceedings of yesterday, as follows:

Resolution 45:

The stenographic reports read:

Second-The inability to read and write is not a test of good citizenship.

The resolution read and still reads: Is not a test of bad citizenship.

REPORT OF THE COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:


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CONSTITUTIONAL CONSTITUTION.

The Committee on the Journal beg leave to report that they have examined the Journal for the seventh day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

Mr. Greer, of Calhoun, moved that the reading of the Journal be dispensed with and that the same be approved. The motion prevailed.

RECOMMITTAL OF ORDINANCES.

Mr. Graham, of Talladega, returned to the Convention Ordinance 50,

Ordinance 50:

To amend Section 3 of Article VIII of the present Constitution.

And requested that the same be re-referred to the Committee on Suffrage and Election.

The ordinance was so referred.

Mr. Fletcher moved to recall from the Committee on Taxation

Ordinance 89:

To amend Section 7, Article XI of the present Constitution in regard to the taxation of municipal corporations.

And to refer same to the Committee on Municipal Corporations.

The motion prevailed, and the ordinance was so referred.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows:

Ordinance 106, by Mr. Jackson:

To readopt Section 10 of Article XIII of the Constitution of 1875 relating to the removal of the State University or the Agricultural and Mechanical College.


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JOURNAL OF ALABAMA

The ordinance was referred to the Committee on Education.

Ordinance 107, by Mr. Jones, of Montgomery:

An ordinance to amend Sections 9 and 10 of Article XIII of the Constitution.

The ordinance was referred to the Committee on Education.

Ordinance 108, by Mr. Jones, of Montgomery:

An ordinance to amend Section 21 of Article VI.

The ordinance was referred to the Committee on Judiciary.

Ordinance 109, by Mr. Jones, of Montgomery:

An ordinance to amend Section 14 of Article V of the Constitution.

The ordinance was referred to the Committee on Executive Department.

Ordinance 110, by Mr. Jones, of Montgomery:

An ordinance to provide for the safe and productive use of surplus public funds in the treasury.

The ordinance was referred to the Committee on Banks and Banking.

Ordinance 111, by Mr. Jones, of Wilcox:

An ordinance to amend Article IX of the Constitution on representation.

The ordinance was referred to the Committee on Representation.

Ordinance No. 112, by Mr. Kirk:

An ordinance to amend Sections 3, 5 and 9 of Article IV of the Constitution. (Relates to Legislative Department.)

The ordinance was referred to the Committee on Legislative Department.

Ordinance 113, by Mr. Kirkland:

An ordinance to amend Section 2 of Article II of the Constitution of the State of Alabama.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 114, by Mr. Kirkland, of Dale:

An ordinance to establish a Railroad Commission for the State of Alabama.

The ordinance was referred to the Committee on Corporations.


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CONSTITUTIONAL CONVENTION.

Ordinance 115, by Mr. Kirkland, of Dale:

An ordinance to amend Section 6 of Article IV of the present Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 116, by Mr. Kirkland, of Dale:

Be it ordained by the people in Convention assembled:

That members of the General Assembly, Presidential Electors, witnesses before any court, and others who may be entitled to draw mileage, as compensation in part for their services, shall be allowed the sum of three cents per mile, each way, and no more, to be computed by the route most usually traveled.

The ordinance was referred to the Committee on Judiciary.

Ordinance ll7, by Mr. Kirkland, of Dale:

An ordinance to amend Section 5 of Article IV of the present Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 118, by Mr. Kirkland, of Dale:

An ordinance to amend Section 16 of Article V of the present Constitution.

The ordinance was referred to the Committee on Executive Department.

Ordinance 119, by Mr. Locklin, of Monroe:

An ordinance that the qualifications for electors in this State shall be the same as prescribed in Article VIII of the present Constitution.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance No. 120, by Mr Macdonald:

An ordinance to amend Section 7 of Article XI of the Constitution.

The ordinance was referred to the Committee on Corporations.

Ordinance No. 121, by Mr. Macdonald:

An ordinance to amend Section 3 of Article XIV of the Constitution.

The ordinance was referred to the Committee on Corporations.


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JOURNAL OF ALABAMA

Ordinance No. 122, by Mr. McMillan, of Wilcox:

(Relates to the formation of the new counties).

Be it ordained by the people of Alabama, in Convention assembled, that no act of the General Assembly creating or forming new counties shall become a law until the same shall have been submitted to the qualified electors residing within the boundaries of the county to be formed, and must be approved by a majority of such electors voting on same, and such act shall specify the proposed boundaries.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No.123, by Mr. McMillan, of Wilcox:

(Relating to the removal of county sites.)

Be it ordained by the people of Alabama, in Convention assembled, that no act of the General Assembly changing the county site of any county shall become a law until the same shall have been submitted to the qualified electors of the county at an election, and approved by a majority of such electors voting on same, and such act shall specify the proposed new location.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 124, by M r. Maxwell:

An ordinance to repeal Section 8 of Article XI of the Constitution of Alabama.

The ordinance was referred to the committee on Taxation.

Ordinance No. 125, by Mr. Maxwell:

An ordinance to amend Section 1 of Article VII of the Constitution of Alabama.

The ordinance was referred to the Committee on Impeachment.

Ordinance No. 126, by Mr. Maxwell:

An ordinance to create the office of Lieutenant Governor of Alabama, and to define the qualifications and duties of such officer.

The ordinance was referred to the Committee on Executive Department.

Ordinance No. 127, by Mr. Maxwell:


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CONSTITUTIONAL CONVENTION.

An ordinance to amend Section 8 of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance No. 128, by Mr. A. H. Merrill, of Barbour:

An ordinance to declare the status of married women.

The ordinance was referred to the Committee on Judiciary.

Ordinance No. 129, by Mr. Miller, of Wilcox:

An ordinance to amend Section 8 of Article IV of the Constitution as to the election of President of Senate and Speaker of the House.

The ordinance was referred to the Committee on Legislative Department.

Ordinance No. 130, by Mr. J. T. Ashcraft:

An ordinance to alter and amend Article XIII of the present Constitution, relating to Education.

The ordinance was referred to the Committee on Education.

Ordinance 131, by Mr. Murphree:

Amending Section 47, Article IV, of the Constitution, referring to dueling, concealed pistols and other deadly weapons.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 132, by Mr. Murphree:

Amending Section 23, Article XIV, of the Constitution of Alabama, referring to free transportation from railroad companies.

The ordinance was referred to the Committee on Corporations.

Ordinance No. 133, by Mr. Murphree:

Addition to the Article XIV of the Constitution of Alabama, relating to freight and passenger tariff rates.

The ordinance was referred to the Committee on Corporations.

Ordinance 134, by Mr. Murphree:

Amending Section 5, Article V of the Constitution of the State of Alabama, relating to the election of State officers.


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JOURNAL OF ALABAMA

The ordinance was referred to the Committee on Executive Department.

Ordinance 135, by Mr. NeSmith:

To amend Article IV of the Constitution of Alabama, relating to legislation.

The ordinance was referred to the Committee on Legislative Department.

Ordinance No. 136, by Mr. Oates:

To amend Article XI of the Constitution of the State by adding thereto another Section, relating to the removal of county seats.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 137, by Mr. Oates:

To amend Article IV, Sections 1 and 2 of the Constitution, referring to elections.

The ordinance was referred to the Committee on Legislative Department.

Ordinance No. 138, by Mr. Oates:

To preserve the purity of the ballot.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance No. 139, by Mr. Oates:

For the abolition of the Chancery Court.

The ordinance was referred to the Committee on Judiciary.

Ordinance No. 140, by Mr Oates:

An ordinance to authorize the Governor, with the advice and consent of the Senate, to appoint and remove for cause the Attorney General.

The ordinance was referred to the Committee on Executive Department.

Ordinance 141, by Mr. Oates:

An ordinance proposing certain prohibitions and restrictions upon the power of the Legislature.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 142, by Mr. Oates:

An ordinance to regulate and define the powers of legislation, touching local and special laws.

The ordinance was referred to the Committee on Legislative Department.


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Ordinance 143, by Mr. O’ Neal , of Lauderdale:

Prohibiting the grant by any city, town or other municipality of any franchise or privilege; or the making of any contract in reference thereto, for a term exceeding twenty years, and requiring such grants to be made at public auction to the highest bidder.

The ordinance was referred to the Committee on municipal Corporations.

Ordinance 144, by Mr. O’ Neal , of Lauderdale:

To amend Sections of Article XI of the Constitution of Alabama, referring to taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 145, by Mr. O=Neal, of Lauderdale:

To amend Section 5, of Article XI of the Constitution of Alabama, relating to the debt of the State.

The ordinance was referred to the Committee on Taxation.

Ordinance 146, by Mr. O’ Neal , of Jefferson:

To amend Article XIII of the Constitution, in relation to education.

The ordinance was referred to the Committee on Education.

Ordinance 147, by Mr. Williams, of Marengo:

To regulate the powers of Corporations to engage in business.

The ordinance was referred to the Committee on Corporations.

Ordinance No 148, by Mr. Williams, of Marengo:

To prohibit the State of Alabama from engaging in certain business.

The ordinance was referred to the Committee on Judiciary.

Ordinance 149, by Mr. Williams, of Marengo:

To provide for jury trials in certain cases.

The ordinance was referred to the Committee on Judiciary.

Ordinance 150, by Mr. Parker, of Cullman:

An ordinance to amend Article 2 of the Constitution by adding Section 3 thereto, requiring a two-thirds vote to remove a county site.


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The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 151, by Mr. Pearce:

To amend Section 4 of Article XI of the present Constitution.

The ordinance was referred to the Committee on Taxation.

Ordinance 152, by Mr. Pettus:

To disfranchise negroes and persons of African descent in the State of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 153, by Mr. Pillans:

To amend Article VI of the Constitution of Alabama. Relates to the Judicial establishment.

The ordinance was referred to the Committee on Judiciary.

Ordinance 154, by Mr. Pillans:

An ordinance to amend Article V of Section 12 of the Constitution of the State of Alabama, which relates to pardons.

The ordinance was referred to the Committee on Executive Department.

Ordinance 155, by Mr. Reese, of Dallas:

An ordinance to provide for the election of officers discharging the duties of Railroad Commissioners and Convict Inspectors.

The ordinance was referred to the Committee on Corporations.

Ordinance 156, by Mr. Reese:

To constitute a part of Article V of the Constitution. (Executive Department.)

The ordinance was referred to the Committee on Executive Department.

Ordinance 157, by Mr. Watts:

To amend sections 1 and 2, and make a new section 3 for Article VI.

The ordinance was referred to the Committee on Judiciary.

Ordinance 158, by Mr. Watts:

To amend Sections 12, 13, 15, 25 and 26 of Article V.


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The ordinance was referred to the Committee on Executive Department.

Ordinance 159, by Mr. Watts:

To amend Sections 13, 15, 17, 27, 31, 39, 52 and 56, of Article IV, and to add a section to said article.

The ordinance was referred to the Committee on Legislative Department.

Ordinance No 160, by Mr. Robinson, of Chambers:

To amend Section 32, Article IV, of the Constitution, pertaining to the Legislative Department.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 161, by Mr. Robinson, of Chambers:

To amend Section 6 of Article XIII of the Constitution, relating to Education.

The ordinance was referred to the Committee on Education.

Ordinance 162, by Mr. W. H. Samford:

To provide for the distribution of school funds.

The ordinance was referred to the Committee on Education.

RESOLUTIONS.

The following resolution was introduced, and read one time at length:

Resolution 61, by Mr. Jackson:

Resolved, That the respective committees in charge of the different subjects to be dealt with by this Convention be instructed to adhere to, and this Convention pledges itself to the following purposes:

First-That suffrage shall be so regulated as not to conflict with the Constitution of the United States.

Second-That the rate of taxation by State, counties and municipalities shall not exceed the limit fixed by the present Constitution of the State.

Third-That the qualifications for suffrage shall be so framed as not to deprive any white man of the right to vote, except for conviction of infamous crime.

Fourth-That the provisions of the present Constitutions relating to exemptions of real and personal property shall remain unchanged.


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Fifth-That the State Capitol shall remain at Montgomery, and that no power or authority be granted by this Constitution or any Legislature to provide for its removal.

Sixth-That the rights and privileges conferred by the present Constitution corporations shall not be enlarged.

Mr. Jackson moved that the rules be suspended, and that the resolution be adopted.

The motion was lost.

Resolution 61:

The resolution was referred to the Committee on Rules.

The following resolutions were introduced, read one time at length, and referred to appropriate committees, as follows:

Resolution 62 by Mr. Jenkins:

Refers to State Colleges and Institutions.

Resolved, That a committee be raised, to consist of fifteen members, to be appointed by the President, to take into consideration all matters pertaining to the University of Alabama, the Girls Industrial School for white girls, the Alabama Polytechnic Institute, and other State Colleges and Institutions of learning. Said committee to be styled and called the Committee on State Colleges and Institutions.

The resolution was referred to the Committee on Rules.

Resolution 63, by Mr. Jones of Bibb:

Refers to representation.

First-Be it resolved that representation in the lower house of the General Assembly of this State shall be based on the entire population of Alabama, and that no county have less than one representative, to be elected by the legal voters of this State every four years.

Second-That the Senate of Alabama shall be composed of a member from each county, to be elected every four years, by the qualified electors of this State.

The resolution was referred to the Committee on Representation.

Resolution 64, by Mr. Jones, of Bibb:


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Relates to Suffrage.

Be it resolved, that no man of foreign birth be entitled to the rights of suffrage in the State of Alabama, until he has become a bona fide citizen of the United States under the provisions of the revised statutes of the United States.

The resolution was referred to the Committee on Suffrage and Elections.

Resolution 65, by Mr. Jones, of Montgomery:

Resolved, that a special committee of nine be raised to take into consideration and report whether any, and if so, what class of public officers be allowed to use free passes, and under what circumstances; and whether any, and if so, what classes of public officers should be permitted the benefit of special rates; and if so, to what extent; and to what alteration or amendment is advisable in the scope of the present provisions of the Constitution on the subject, or the mode of their enforcement.

The resolution was referred to the Committee on Rules.

Resolution 66, by Mr. Jones, of Montgomery:

Resolved, That provision should be made in the Article on the Executive Department, constituting a Board of Arbitration for the arbitration and settlement of disputes between employers and employees.

The resolution was referred to the Committee on Executive Department.

Resolution 67, by Mr. Jones, of Montgomery:

First-That the fundamental principles of justice and free government are violated, when the benefits the citizen derives from money raised by taxation, are ascertained and measured according to the poverty or riches of the class or race to which he belongs, or the proportionate amount of taxes paid by such race or class.

Second-That it is not within the power of the State, under the Constitution of the United States, to raise money by taxation for school purposes, and provide that the children of any race or class shall receive the benefit only of the amount of money derived from the


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taxes on the property of the race or class to which they belong.

The resolution was referred to the Committee on Judiciary.

Resolution 68, by Mr. Kirkland:

Be it resolved by the people of the State of Alabama, in Convention assembled:

That the General Assembly of Alabama shall have the power and it shall be their duty, to pass such laws, the violation of which shall be punished by imprisonment in the penitentiary, as shall effectually prevent the business or profession of lobbying with the members thereof four ally purpose.

The resolution was referred to the Committee on Legislative Department.

Resolution 69, by Mr. Sanders:

A resolution as to the sense of this Convention touching Suffrage Reform in Alabama.

Resolved, First-That it is the sense of this Convention that the suffrage reform demanded by the conditions prevailing in Alabama, and promised to the people of this State by this Convention, can be best accomplished in the recognition of the principles involved in the exception clause, in the suffrage provisions of the Constitutions of the States of Louisiana and North Carolina.

Second-That in justice to the white race of the State, and in order to avoid the paralysis which would result in withdrawing from the youths of Alabama all stimulus to qualify themselves for the discharge of the privileges, duties and obligations of an elector, some limit should be fixed, at the expiration of which all white males in this State, thereafter to arrive at the voting age, shall possess the general qualifications which may be prescribed by this Convention for the exercise of the elective franchise.

The resolution was referred to the Committee on Suffrage and Elections.

Resolution 70, by Mr. Malone:

Fixing the time for holding the general elections.


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CONSTITUTIONAL CONVENTION.

Be it resolved that the General Election shall be held on the first Tuesday in November of the even numbered years, unless the General Assembly shall change the time of holding elections.

The resolution was referred to the Committee on Suffrage and Elections.

Resolution 71, by Mr. O’ Neal, of Lauderdale:

To adopt the present Constitution of the State of Alabama, by this Convention, subject to such revisions and amendments in any article, section, or part thereof, as this Convention may hereafter determine.

That whereas the act of the General Assembly of Alabama, which provides for the holding of this Convention, declares that this Convention shall continue in session until it shall by careful revisions and amendments of the present Constitution frame and adopt a revised Constitution for this State.

Therefore, be it resolved, That the present Constitution of the State of Alabama be and the same is hereby adopted by this Convention as the Constitution of the State of Alabama, subject only to be revised, amended or altered in any article, section, clause or part thereof.

The resolution was referred to the Committee on Rules.

Resolution 72, by Mr. Browne:

Be it resolved, That upon the request of the chairman of any committee having no clerk, the chairman of any committee having a clerk may direct the clerk of his committee to serve such first named committee, when not enraged with the committee to which be has been assigned.

Resolution 72:

Mr. Browne moved that the rules be suspended and that the resolution be adopted.

The motion prevailed, and the resolution was adopted.

Resolution 73, by Mr. Williams, of Marengo:

Be it resolved that when this Convention adjourn on next Friday, such adjournment shall be to Monday.

The resolution was referred to the Committee on Rules.


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Resolution 74, by Mr. Parker, of Cullman:

To provide for a clerk of the Committee on Local Legislation.

Resolved, That the chairman of the Committee on Local Legislation be authorized to employ a clerk for said Committee, sail clerk to receive the same fees as clerks of other committees of this Convention..

The resolution was referred to the Committee on Rules.

Resolution 75, by Mr. Parker, of Elmore:

Whereas, the General Assembly passed an act, approved March 4th, 1901, entitled An Act to Provide for the Annexation of West Florida to the State of Alabama, with the consent of the state of Florida and the Congress of the United States; and whereas, the Governor of Alabama has, in pursuance of said act, appointed as commissioners on the part of Alabama Hons. William L. Martin, Richard C. Jones and Samuel Blackwell, to confer with a like commission on the part of the State of Florida, which commission is empowered to do and perform all acts necessary and requisite to perfect an agreement for the cession of said territory to the State of Alabama, to be ratified and confirmed by the Legislature of Alabama and approved by the Governor;

Now, therefore, be it resolved, that this Convention hereby ratifies and endorses the purposes of said act, and the appointment of said commission;

Resolved further, that we approve of the annexation of the territory described in said act, to the State of Alabama in the manner set forth therein;

Resolved further, that we commend the distinguished commission on the part of Alabama to painstaking and patriotic effort in consummating liberal terms for the cession of said territory, and recommend such other action by the legislature of Alabama, and the Congress of the United States as may be necessary.

The resolution was referred to the Committee on State and County Boundaries.

Resolution 76, by Mr. Proctor:


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CONSTITUTIONAL CONVENTION.

Resolved, That the reading each day of the Journal of this Convention be dispensed with unless the same is demanded by the Convention.

The resolution was referred to the Committee on Rules.

Resolution 77, by Mr. Proctor:

Resolved, That the Committee on the Journal shall be entitled to a clerk, to be appointed by the chairman, who shall receive the same per diem as clerks of the other committees.

Resolved further, that said clerk shall, when not engaged with said committee, serve any other committee that may need a clerk, or serve the Secretary of this Convention when so required by him.

The resolution was referred to the Committee on Rules.

Resolution 78, by Mr. Reese:

To reform judicial administration of the Justice of the Peace system.

Resolved, That the Committee on Judiciary Department be and are hereby instructed to investigate and report to this Convention what Constitutional provisions are necessary or expedient for the reform in judicial administration by the Justice of the Peace system, and whether the same should be abolished or modified.

The resolution was referred to the Committee on Judiciary.

Resolution 79, by Mr. Reese:

Resolved, That the Committee on Judicial Department are hereby instructed to embody in its report a provision fixing the salaries of Justices of the Supreme Court at such sum (not less than $5,000 per annum) as will enable the State to obtain its best legal talent for this important tribunal.

The resolution was referred to the Committee on Judiciary.

Resolution 80, by Mr. Reese:

Resolved, That Rule 27 be and is hereby amended as follows: By adding at the end thereof the following words:


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Provided, That any vote taken on the last day of the session of this Convention may be reconsidered on the same day.

The resolution was referred to the Committee on Rules.

Resolution 81, by Mr. Rogers, of Sumter:

Resolved, That it is the sense of this Convention that any further reference by resolution to the ante-election pledge of the Democratic Platform is not only unnecessary, but is bad taste. The people of Alabama expect, as a matter of course, that the Democratic Party will now, as heretofore, keep its promises to them.

Mr. Rogers, of Sumter, moved that the rules be suspended and that the resolution be adopted.

Mr. Reese moved that the resolution be referred to the Committee on Rules.

Mr. Rogers, of Sumter, moved to table the motion of Mr. Reese, and the motion to table prevailed.

Mr. Reese moved to indefinitely postpone the further consideration of the resolution 81.

Resolution 81:

Mr. Rogers, of Sumter, moved to table the motion of Mr. Reese to indefinitely postpone, and the motion prevailed.

The question recurred upon the motion to suspend the rules and adopt the resolution.

Resolution 81:

The motion prevailed and the rules were suspended and the resolution adopted.

Resolution 82, by Mr. Oates:

Resolved, That the present Constitution shall be the basis for action by this Convention, and all of its provisions which are not abrogated by repeal nor amended shall be and remain parts of the new Constitution.

The resolution was referred to the Committee on Rules.

ADJOURNMENT.

The hour of 1 o’clock p.m. having arrived, under the rules the Convention stood adjourned until 10 o’clock to-morrow morning.


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NINTH DAY.

CONVENTION HALL.,

Montgomery, Ala., Friday, May 31, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Neal Anderson of the City.

ROLL CALL.

Mr. deGraffenried asked unanimous consent to have the roll call, from this day forward, dispensed with.

An objection was interposed.

Mr. deGraffenried moved that the rules be suspended and that in future the roll call be dispensed with.

Mr. Bulger arose to debate the question.

Mr. Willett raised the point of order that the question was not debatable.

The point of order was sustained.

Mr. Beddow moved to table the motion of Mr. deGraffenried to suspend the rules.

The motion was ruled out of order.

The question recurred upon the motion of Mr. deGraffenried to suspend the rules.

The motion was lost.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Blackwell,

Almon,

Boone,

Altman,

Brooks,

Ashcraft,

Browne,

Banks,

Bulger,

Barefield,

Burns,

Beavers,

Byars,

Beddow,

Cardon,

Bethune,

Carmichael (Colbert),


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Carmichael (Coffee),

Jackson,

Carnathon,

Jenkins,

Case,

Jones (Bibb),

Chapman,

Jones (Wilcox),

Cobb,

King,

Cofer,

Kirk,

Coleman (Greene),

Kirkland,

Coleman (Walker),

Knight,

Cornwell,

Kyle,

Craig,

Ledbetter,

Cunningham,

Leigh,

Davis (DeKalb),

Locklin,

Dent,

Long (Butler),

deGraffenried,

Long (Walker),

Duke,

Lowe (Lawrence),

Eley,

Macdonald,

Eyster,

McMillan (Baldwin),

Espy,

McMillan (Wilcox)

Ferguson,

Malone,

Fletcher,

Martin,

Foshee,

Maxwell,

Foster,

Merrill,

Freeman,

Miller (Marengo),

Gilmore,

Miller (Wilcox),

Glover,

Moody,

Graham (Montgomery),

Morrisette,

Graham (Talladega),

Mulkey,

Grant,

Murphree,

Grayson,

NeSmith,

Greer (Calhoun),

Norman,

Haley,

Norwood,

Handley,

Oates,

Heflin (Chambers),

O’ Neal  (Lauderdale),

Heflin (Randolph),

O’ Neal  (Jefferson),

Henderson,

Opp,

Hinson,

O’ Rear,

Hodges,

Palmer,

Hood,

Parker (Cullman),

Howell,

Pearce,

Howze,

Pettus,

Inge,

Phillips,


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Pillans,

Spragins,

Porter,

Stewart,

Proctor,

Studdard,

Reese,

Tayloe,

Reynolds (Chilton),

Vaughan,

Robinson,

Waddell,

Rogers (Lowndes),

Walker,

Rogers (Sumter),

Watts,

Samford,

Weakley,

Sanders,

Weatherly,

Sanford,

White,

Selheimer,

Whiteside,

Sentell,

Willett,

Sloan,

Williams (Barbour),

Smith (Mobile),

Williams (Marengo),

Smith, Mac. A.,

Williams (Elmore),

Smith Morgan M.,

Wilson (Clarke),

Sollie,

Wilson (Washington).

Sorrel1,

Winn-139.

Spears,

REPORT OF THE COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

Report of the Committee on the Journal:

The Committee on the Journal beg leave to report that they have examined the Journal for the eighth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report was concurred in.

On motion of Mr. Boone, the reading of the Journal was dispensed with, and the same was approved.

LEAVE OF ABSENCE

Was granted to Messrs. Kirkland for to-day and to-morrow; Searcy, for to-day and to-morrow; Kyle, for to-morrow; Porter, for to-day and Monday; Miller, of Marengo, for to-day, Monday and Tuesday; Jackson, for this afternoon; Reynolds, of Henry, for to-day and to-


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morrow; Gilmore, for today and to-morrow; McMillan, of Baldwin, for Monday; Freeman, for Monday; Cobb, for Monday; Stewart, for Monday; Maxwell, for Monday; Williams, of Marengo, for Monday; Greer, of Calhoun, indefinitely; Lowe, of Lawrence, for Monday; Mulkey, for Monday and Tuesday; Jones, of Montgomery, for today; Greer, of Perry, for Monday; Grant, for Monday, Tuesday and Wednesday; Inge, for Monday and Tuesday, until 12 m.; Williams, of Elmore, for Monday.

ADJOURNMENT.

Mr. Browne moved that when the Convention adjourn today that it adjourn to meet Monday at

12 m.

The motion prevailed.

RECONSIDERATION.

Mr. Grayson moved that the vote by which the motion of Mr. Browne, fixing the time of adjournment for today, be reconsidered.

Mr. Willett raised the point of order that the motion of Mr. Grayson was out of order, in that a motion to adjourn could not be reconsidered.

The point of order was sustained.

REPORT OF THE COMMITTEE ON RULES.

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, submitted the following report:

The committee on Rules begs to report to the Convention that it has had under consideration the resolutions hereinafter mentioned, and reports thereon as follows:

The committee reports favorably upon resolution number 41, introduced by Mr. Altman, of Sumter, and recommends its adoption by the Convention.

Said resolution reads as follows:

Be it resolved, That three hundred copies of the Bill of Rights and Constitution be printed and distributed among the members of the Convention and committees.

The committee reports favorably to resolution number 34, introduced by Mr. Reese, of Dallas, and recom-


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CONSTITUTIONAL CONVENTION.

mends its adoption by the Convention, which resolution reads as follows:

Resolved, That for the purpose of easy reference, the Rules Committee, or such other committee as shall have supervision of the printing of the records of the proceedings, shall cause the pages constituting such record, to be numbered consecutively in the same manner as now practiced in the Congressional Record of the Congress.

The Committee reports favorably to resolution number 71 introduced by Mr. O’ Neal, of Lauderdale, and recommends its adoption by the Convention, which resolution reads as follows:

A resolution to adopt the present Constitution of the State of Alabama by this convention, subject to such revision and amendments in any article, section or part thereof as this Convention may hereafter determine.

That whereas the act of the General Assembly of Alabama, which provides for the holding of this Convention, declares that this Convention shall continue in session until it shall, by careful revision and amendments of the present Constitution, frame and adopt a revised Constitution for this State.

Therefore, be it resolved, That the present Constitution of the State of Alabama be and the same is hereby adopted by this Convention as the Constitution of the State of Alabama, subject only to be revised, amended or altered, in any article, section, clause or part thereof.

The committee reports adversely to resolution number 82, introduced by Mr. Oates, of Montgomery, and recommends that it be not adopted by the Convention, because the operation of the resolution of Mr. Oates is identical with the operation of resolution number 71, by Mr. O’ Neal , of Lauderdale, hereinabove reported favorably, and the committee reports adversely to this resolution only for the reason that its subject matter is fully covered by the resolution of Mr. O’ Neal. Said resolution number 82, introduced by Mr. Oates, reads as follows:

Resolved, That the present Constitution shall be the basis for action by this Convention, and all its provisions which are not abrogated by repeal nor amended shall be and remain parts of the new Constitution.


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The committee reports favorably to resolution number 76, introduced by Mr. Proctor of Jackson, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That the reading each day of the Journal of this Convention be dispensed with, unless the same is demanded by the Convention.

The committee reports favorably to resolution number 80, introduced by Mr. Reese, of Dallas, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That rule 27 be and is hereby amended as follows: By adding at the end thereof the following words:

Provided, That any vote taken on the last day of the session of this Convention may be reconsidered on same day.

The committee reports adversely to resolution number 50, introduced by Mr. Henderson, of Pike, and recommends that it be not adopted by the Convention, for the reason that resolution No. 41, introduced by Mr. Altman, of Sumter, covers the same matter, and has been favorably reported.

Said resolution reads as follows:

Resolved, That five hundred copies of the present Constitution be printed for the use of members of this Convention.

The said resolutions hereinabove referred to are herewith returned to the Convention.

Mr. Wilson, of Clarke, offered as a substitute for resolution 71, reported favorably in the above and foregoing report of the Committee on Rules, the following:

Resolved by the Convention, That each committee report to the Convention the article or sections of the present Constitution, which it is appropriate for said committee to consider, and as to which no amendment has been proposed, and which, in the judgment of the committee having charge of the article of sections, should not be amended.

Mr. Carmichael, of Colbert, offered an amendment to the substitute offered by Mr. Wilson, of Clarke, as follows:


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CONSTITUTIONAL CONVENTION.

Resolved, That the Committee on Order and Harmony of the Constitution be directed to report back to the Convention when they make final report, such parts of the old Constitution as have not been amended by proposed ordinances, as a part of the proposed new Constitution.

The substitute and amendment, after discussion pro and con by the various delegates, were, by consent, withdrawn.

Mr. Pillans offered the following substitute for resolution number 71, reported favorably in the above and foregoing report of the Committee on Rules:

Resolved, That it is the sense of this Convention that all ordinances hereafter offered shall be confined to the statement of the new matter offered, without the unnecessary repetition of the existing Constitution.

The substitute offered by Mr. Pillans was accepted by the chairman of the Committee on Rules.

Resolution 71, by Mr. O’Neal, of Lauderdale:

To adopt the present Constitution of the State of Alabama by this Convention, subject to such revisions and amendments in any article, section or part thereof, as this Convention may hereafter determine.

That whereas the act of the General Assembly of Alabama, which provided for the holding of this Convention, declares that this Convention shall continue in session until it shall by careful revisions and amendments of the present Constitution, frame and adopt a revised Constitution for this State.

Therefore, be it resolved, That the present Constitution of the State of Alabama be and the same is hereby adopted by this Convention as the Constitution of the State of Alabama, subject only to be revised, amended or altered in any article, section, clause or part thereof.

And the substitute offered by Mr. Pillans be recommitted to the Committee on Rules.

Resolution 71:

The motion prevailed, and the resolution 71 and substitute were recommitted to the Committee on Rules.

Mr. O’ Neal  moved that the report of the Committee on Rules, with the exception of resolution 71, be adopted.

The resolution prevailed, and the report was adopted.


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JOURNAL OF ALABAMA.

RESOLUTIONS.

The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows:

Resolution 83, by Mr. Pettus:

Be it resolved, That hereafter all ordinances and resolutions offered in this Convention shall state briefly in the title the substance of such ordinance or resolution, and shall be read by the title only, and referred to the appropriate committee; provided, that it shall be in order for any delegate to call for a full reading of such ordinance or resolution within a reasonable time after it has been read by the title.

The resolution was referred to the committee on Rules.

Resolution 84, by Mr. Sanford, of Montgomery:

Resolved, That during the call of the roll for the introduction of resolutions and ordinances, no discussion upon any subject shall be heard by the Convention, and all such discussions shall be considered out of order.

The resolution was referred to the Committee on Rules.

Mr. Sanford moved that the rules be suspended and that the resolution be adopted.

Resolution 84:

The motion was lost, and the resolution was referred to the Committee on Rules.

Resolution 85, by Mr. Jones, of Wilcox:

Resolved, That it is the sense of this Convention that whenever an ordinance is introduced by a member of this Convention merely to add to, amend or alter one or more sections of any article of the present Constitution, that only the section or sections so added to, amended or altered, be embraced in such ordinance, and that the whole article be not set out in such ordinance.

The resolution was referred to the Committee on Rules.

Resolution 86, by Mr. Long, of Walker:

Whereas, a resolution making an appropriation from the State of Treasury of $70 a day for a stenographic re-


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CONSTITUTIONAL CONVENTION.

port of the proceedings of the Constitutional Convention was passed by this body without an aye and nay vote, and

Whereas, There are grave doubts as to the legality of such a proceeding, and

Whereas, the stenographic report as published show many errors; therefore, be it resolved

That the President of this Convention be and he is hereby requested to immediately cancel the contract for the stenographic report after paying all the expenses by the State connected therewith to the date of cancellation.

The resolution was referred to the Committee on Rules.

Resolution No. 87, by Mr. Vaughan:

Resolved, That no delegate shall introduce a resolution or ordinance until his name is reached on the roll call, except under a suspension of the rules.

The resolution was referred to the Committee on Rules.

Resolution 88, by Mr. Reynolds, of Chilton:

Be it resolved by the people of Alabama, in Convention assembled, that all county officers within this State shall be elected for a term of four years, and that they be ineligible to any office in the county within four years after the expiration of their term of office.

The resolution was referred to the Committee on Executive Department.

Resolution No. 89, by Mr. Reynolds, of Chilton:

Be it resolved by the people of Alabama, in Convention assembled, that a stock law shall not be passed for any community within this State until such question shall have been submitted, in an election for that purpose alone, to the people of that community, and a majority of the qualified voters shall have, at said election, approved of the passage of such stock law.

The resolution was referred to the Committee on Legislative Department.

Resolution No. 90, by Mr. Reynolds, of Chilton:

Be it resolved by the people of Alabama, in Convention assembled, that no person shall be permitted to marry within five years after obtaining a divorce.


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The resolution was referred to the Committee on Judiciary.

Resolution No. 91 by Mr. Weatherly, of Jefferson:

Whereas, the General Assembly of Alabama did provide for the holding of this Convention by an act entitled An act to provide for holding a Convention to revise and amend the Constitution of this State, approved December 11th, 1900; and, whereas, in and by Sections 15 to 212, inclusive, of said act, it was provided that certain matters should and that certain matters should not be incorporated in any Constitution which this Convention might adopt; and

Whereas, The question of whether or not this Convention should be held was duly submitted to the qualified electors of the State under and in accordance with said act, by whom the holding of this Convention was duly approved, and this Convention has been duly convened and become organized in accordance with the requirement of said act;

Now, therefore, be it resolved, That the Judiciary Committee of this Convention be and it is hereby instructed to report to this Convention at an early day to what extent, if any, this Convention is bound by the requirements contained in said Sections 15 to 21 2 of said act considered as a mere legislative enactment independently of the vote of the qualified electors authorizing the holding of this Convention, and also in connection with, and as affected by such vote.

NOTE-See Jameson on Constitutional Conventions.

Resolution 92, by Mr. Espy:

Be it resolved, That the Committee on Rules fix a time in which ordinances shall be introduced, and after the expiration of the time so fixed by said committee no ordinance shall be introduced by any delegate for consideration by this Convention.

The resolution was referred to the Committee on Rules.

Resolution 93, by Mr. Williams, of Elmore:

Resolution to provide for a Committee on Pensions for Confederate soldiers.


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CONSTITUTIONAL CONVENTION.

Be it resolved, That the chairman of the Rules Committee be authorized to appoint a committee of nine, of which Governor William C. Oates shall be chairman, said committee to be styled and known as Pensions Committee for Confederate Soldiers.

The resolution was referred to the Committee on Rules.

Resolution 94, by Mr. Williams, of Elmore:

Resolution for the appointment of the following standing committees:

Be it resolved that the chairman of the Rules Committee appoint three standing committees of nine members each; to-wit: A Committee on Federal Relations, a Committee on Agriculture, Commerce and Industry, and a Committee on Temperance.

The resolution was referred to the Committee on Rules.

Resolution 95, by Mr. Wilson, of Clarke:

Resolved, That the Secretary of the Convention be, and he is authorized to purchase such blank books, stationery and other necessary supplies as may be necessary for the use of his office.

The resolution was referred to the Committee on Rules.

Resolution No. 96, by Mr. Wilson, of Clarke:

Resolved, That the clerks of the several committees of this Convention shall, when not engaged in attendance upon the meetings of their several committees, remain at some convenient place to be designated by the chairman of the committee which said clerk serves, at all reasonable hours; and such clerk shall perform such clerical work as may be required of them by the several members of the committee of which they are clerks.

The resolution was referred to the Committee on Rules.

Resolution 97, by Mr. Winn:

A resolution relating to the form of ordinances submitted.

Be it resolved by this Convention that all ordinances shall relate to but a single article or subject matter, in


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order to the reference of the same to the appropriate committee.

Second, be it further resolved that no ordinance offending this rule shall be received or referred.

The resolution was referred to the Committee on Rules.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read at length one time, and referred to appropriate committees as follows:

Ordinance 163, by Mr. W.T. Sanders:

To amend Article VIII of the Constitution by striking out the whole thereof, and inserting a new article. Relates to Suffrage and Elections.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 164, by J.W.A. Sanford:

To amend Section 54, Article IV and to authorize the State to construct and own works of internal improvement.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 165, by J.W.A. Sanford:

To prohibit the General Assembly from abolishing the military system of education in the University of Alabama, and in the Alabama Polytechnic Institute.

The ordinance was referred to the Committee on Education.

Ordinance 166, by J.W.A. Sanford:

To amend Section 2 of Article I of the Constitution by striking out the words or who shall have legally declared their intention to become citizens of the United States.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 167, by Mr. Selheimer:

To amend Section 29 of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 168, by Mr. Selheimer:


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To amend Section 13 of Article V of the Constitution of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 169, by Mr. Sentell, J.O.:

To amend Section 2 of Article X of the present Constitution. (Relates to exemptions.)

The ordinance was referred to the Committee on Exemptions.

Ordinance 170, by Mr. Beavers:

To declare null and void the act of March 5, 1901, with accompanying memorial. (Relates to county seat of Shelby County.)

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 171, by Mr. M. M. Smith:

To fix the salary of the Governor.

The ordinance was referred to the Committee on Executive Department.

Ordinance 172, by Mr. M. M. Smith:

To amend section 7 of Article X of Constitution of Alabama. (Refers to Exemptions.)

The ordinance referred to the Committee on Exemptions.

Ordinance 173, by Mr. M. M. Smith:

To exempt cotton manufactories from taxation for ten years.

The ordinance was referred to the Committee on Taxation.

Ordinance 174, by Mr. Sollie:

Be it ordained by the people of Alabama, in Convention assembled; that no person shall be eligible to hold any public office or to serve as a juror in Alabama who does not belong to the white race, and who is not descended exclusively from the white race, and who is not at the time of his election or appointment to such office and has not been for at least one year immediately prior thereto a citizen of the United States and of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 175, by Mr. M. Sollie:


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To amend Section 38 of Article I of the Constitution:

(Relates to qualifications for suffrage.)

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 176, by Mr. Sollie:

To confer the right of suffrage on certain people.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 177, by Mr. Kyle:

To amend suffrage clause of the Constitution.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 178, by Mr. Tayloe:

Regulating appropriations by the General Assembly.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 179, by Mr. Tayloe, of Perry:

Relating to the Committees in the General Assembly, whose duty it is to raise revenues.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 180, by Mr. DeGraffenreid:

To amend Section 10 of Article VI of the Constitution of the State of Alabama, relative to the salary of judges.

The ordinance was referred to the Committee on Judiciary.

Ordinance 181, by Mr. Vaughan, of Dallas:

To amend Section 27 of Article IV of the Constitution of Alabama, relating to the signing of bills and joint resolutions by the presiding officer of each house.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 182, by Mr. B.B. Boone:

To add an additional section to the Declaration of Rights.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 183, by Mr. B.B. Boone:

To regulate the organization and classification of cities and towns.


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The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 184, by Mr. Walker, of Madison:

To fix the term of office of the Chief Justice and Associate Justices of the Supreme Court.

The ordinance was referred to the Committee on Judiciary.

Ordinance 185, by Mr. Walker:

To amend Section 17 of Article VI of the Constitution.

(Referring to vacancies in the offices of Judges.)

The ordinance was referred to the Committee on Judiciary.

Ordinance 186, by Mr. Weakley:

To provide for the organization, classification and government of villages, towns and cities of Alabama.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 187, by Mr. Weakley, of Lauderdale:

To permit municipalities in the State of Alabama having more than 2,000 inhabitants, to establish municipal courts.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 188, by Mr. Weakley, of Lauderdale:

To limit the indebtedness of the municipal corporations of the State.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 189, by Mr. Cornwell:

Providing for the levying and collecting of municipal taxes.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 190, by Mr. Cornwell:

To amend Article 11 of Section VII of the Constitution of Alabama.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 191, by Mr. Cornwell:


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To amend, alter and change Article II, Sections 1 and 2 of the Constitution of Alabama of 1875.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 192, by Mr. Whiteside:

To repeal Section 38, of Article I of the present Constitution.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 193, by Mr. Whiteside:

To amend Section 56 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 194, by Mr. Willett:

To require all officers authorized by this Constitution to be elected by the people of the State of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 195, by Mr. Willett:

To make the directors of insolvent corporations trustees of the assets of said corporation for the benefit of all the creditors.

The ordinance was referred to the Committee on Corporations.

Ordinance 196, by Mr. Oates:

To amend Section 1 of Article XVI of the Constitution by adding thereto a proviso.

The ordinance was referred to the Committee on Amendments to Constitution and Miscellaneous Provisions.

Ordinance 197, by Mr. Oates:

To amend Section 6 of Article V of the Constitution.

(Relates to the salary of the Governor.)

The ordinance was referred to the Committee on Executive Department.

Ordinance 198, by Mr. Espy:

To authorize railroad companies to exercise the powers of eminent domain.

The ordinance was referred to the Committee on Corporations.


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Ordinance 199, by Mr. Espy:

To define the powers of married women to contract.

The ordinance was referred to the Committee on Judiciary.

Ordinance 200, by Mr. Espy:

To regulate the establishing of stock law districts.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 201, by Mr. Williams, of Elmore:

To prohibit any change in preamble, and Article I, (Declaration of Rights) in this Constitution-Exception.

The ordinance was referred to the Committee on Executive Department.

Ordinance 202, by Mr. Wilson, of Clarke:

To amend Section 9 of Article VI of the Constitution.

The ordinance was referred to the Committee on Judiciary.

Ordinance 203, by Mr. Wilson, of Washington:

As a substitute for Section 7 of Article V. (Relates to Executive Department.)

The ordinance was referred to the Committee on Executive Department.

Ordinance 204, by Mr. Wilson, of Washington:

To amend Section 25 of Article VI. (Relates to Judiciary.)

The ordinance was referred to the Committee on Judiciary.

Ordinance 205, by Mr. Wilson, of Washington:

Be it ordained by the people of Alabama, in Convention assembled, that all State and county officers shall be elected at the same time and places by a direct vote of the qualified electors of the State.

Vacancies created by death, resignation, impeachment, removal from the State or county, or other disability, may be filled by appointment.

The ordinance was referred to the Committee on Executive Department.


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RESOLUTION 86.

Mr. Long, of Walker, moved that resolution 86,

Whereas, a resolution making an appropriation from the State Treasury of $70 a day for a stenographic report of the proceedings of the Constitutional Convention, was passed by this body without an aye and nay vote, and

Whereas, There are grave doubts as to the legality of such a proceeding; and

Whereas, the stenographic report, as published, show many errors; therefore, be it

Resolved, That the President of this Convention be and he is hereby requested to immediately cancel the contract for the stenographic report, after paying all the expenses by the State connected therewith to the date of cancellation, be recalled from the Committee on Rules, and that the rules be suspended and the resolution adopted.

The motion was ruled out of order.

Mr. Long, of Walker, gave notice that on next Wednesday he would move to recall the resolution 86 from the Committee on Rules.

STATEMENT OF THE CHAIR.

The President called the attention of the Convention to the decision he had made in regard to the motion of Mr. Grayson to reconsider the vote by which the motion to fix the time to which to adjourn had been adopted.

The President said:

The Chair, in ruling on the point of order made against the motion of the gentleman from Madison, ruled that it would not be in order to reconsider the vote whereby this Convention decided when it adjourned it would adjourn to meet on Monday. A number of authorities have been examined on this question and the Chair has been unable to find any direct authority on it in any of the books on parliamentary law that have been accessible, but in the opinion of the Chair, it would be in the power of this Convention after it has decided


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CONSTITUTIONAL CONVENTION.

and fixed the hour to which to adjourn, to reconsider that action if it sees fit to do so, and fix another and different time, and the Chair will reverse its ruling made this morning and recognize the gentleman from Madison.

Mr. Grayson asked leave to withdraw his motion to reconsider, and leave was granted.

REPORTS OF STANDING COMMITTEES.

On motion of Mr. Oates, the call of the standing committees of the Convention was dispensed with.

MEMORIALS

The following memorial was presented to the Convention and read at length:

Report made May, 1901, at Convention in Montevallo, to Alabama Federation of Women’s Clubs, by Mrs. W.F. Johnston, of Anniston, chairman of Committee on Education. Unanimously adopted by the Federation.

Recognizing the deplorable necessity for education among the masses of the children of the State, and realizing that this necessity can only be met and relieved by the public schools, the Federation of Women’s Clubs of Alabama in convention assembled do resolve:

First-That the Constitutional Convention soon to be assembled in the city of Montgomery, be earnestly petitioned to declare in the organic law of the State, that no person shall be eligible to office of State or County Superintendent of Education who is not possessed of a good moral character, and who is not sufficiently qualified to stand the examination required by law of applicants for certificates as first grade teachers in the public schools of the State.

Second-That the said Constitutional Convention be petitioned to take such action as may be necessary to allow municipalities, counties and school districts within counties to secure local taxation for public schools within such territory.

Third-That the said Constitutional Convention be petitioned for such action as will provide for and require


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the erection and proper equipment of suitable and comfortable school buildings in every school district in the State, whether districts by special acts of the General Assembly or under the general school law.

Fourth-That the said Constitutional Convention be petitioned to take such action as will provide for the maintenance of a public school in each school district and neighborhood in the State for at least five months in every year.

Fifth-That said Convention be petitioned to take such action as will require every child in the State between the ages of 8 and 16 years to attend upon some school at least three months during each year.

Sixth-That these resolutions be neatly printed for presentation to members of the Constitutional Convention, and that the members of the Women’s Clubs in Montgomery be appointed a committee to present them.

On motion of Mr. Howell, the memorial was referred to the Committee on Education.

MEMORIAL FROM NEGRO CITIZENS.

The memorial from Booker T. Washington and other negro citizens was, on motion of Mr. Ashcraft, referred to the Committee on Suffrage and Elections, and also to the Committee on Education.

ADJOURNMENT.

The hour of 1 o’ clock p.m. having arrived, the Convention, under the resolution heretofore adopted, adjourned until 12 o’clock Monday.

TENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Monday, June 3, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Provence of the city.


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ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Grayson,

Almon,

Handley,

Altman,

Harrison,

Banks,

Heflin (Chambers),

Barefield,

Heflin (Randolph),

Bartlett,

Henderson,

Beavers,

Hinson,

Beddow,

Hodges,

Bethune,

Hood,

Blackwell,

Howell,

Brooks,

Jenkins,

Bulger,

Jones (Bibb),

Burnett,

Jones (Hale),

Burns,

Jones (Montgomery),

Byars,

Jones (Wilcox),

Carmichael (Colbert),

Kirk,

Carmichael (Coffee),

Knight,

Carnathon,

Kyle,

Case,

Ledbetter,

Chapman,

Leigh,

Cofer,

Locklin,

Coleman (Greene),

Long (Butler),

Coleman (Walker),

Long (Walker),

Cornwell,

Lowe (Jefferson),

Craig,

Macdonald,

deGraffenried,

McMillan (Wilcox),

Duke,

McMillan (Baldwin),

Eley,

Malone,

Eyster,

Martin,

Espy,

Merrill,

Ferguson,

Moody,

Fitts,

NeSmith,

Foshee,

Norman,

Foster,

Norwood,

Gilmore,

Oates,

O’Neal (Lauderdale),


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O’Neal (Jefferson),

Selheimer,

Opp,

Sentell,

O’ Rear,

Smith (Mobile),

Palmer,

Smith, Mac. A.,

Parker (Elmore),

Smith, Morgan M.,

Pettus,

Sollie,

Phillips,

Tayloe,

Pillans,

Thompson,

Pitts,

Vaughan,

Reese,

Waddell,

Renfro,

Walker,

Reynolds (Chilton),

Watts,

Reynolds (Henry),

Weakley,

Robinson,

Weatherly,

Rogers (Lowndes),

White,

Rogers (Sumter),

Whiteside,

Samford,

Willett,

Sanders,

Williams (Barbour),

Sanford,

Wilson (Clarke),

Searcy,

Wilson (Washington).

LEAVE OF ABSENCE.

Leave of absence was granted as follows:

To Mesrs. Cunningham, for to-day; Stewart, for today; Dent, indefinitely; Winn, for to-day and to-morrow; Sollie, for to-morrow; Coleman, of Walker, for to-day; O’ Neal, of Jefferson, indefinitely; Glover, for to-day; Spraggins, for to-day; Willett, for to-morrow and Wednesday; Parker, of Cullman, for to-day; Cardon, for to-day; Davis, of Etowah, for to-day and to-morrow; Jenkins, for to-morrow and Wednesday; Fletcher, for to-day; Samford, for to-morrow and Wednesday; Proctor, for to-day; Sloan, for to-day; Graham, of Montgomery, for to-day; Morrisette, for do-day; Sorrell, for the week.

OBJECTION TO LEAVE OF ABSENCE.

Mr. Oates raised objection to leave of absence being granted any delegate indefinitely unless the reason therefore are stated.


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CONSTITUTIONAL CONVENTION.

Mr. Bulger raised the point of order that the objection came too late, as leave had already been granted.

The point of order was sustained.

REPORT OF THE COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg to report that they have examined the Journal for the ninth day of the Convention, and that the same is correct.

Respectfully submitted,

MASSEY WILSON, Acting Chairman.

The report was concurred in.

The President of the Convention stated that under a resolution heretofore adopted the Journal must be approved without being read, unless some delegate asked that the same be read.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows:

Resolution 98, by Mr. Reese:

Resolved, That the privileges of the floor of this Convention be and the same are hereby extended to His Excellency, the Hon. William J. Samford, Governor of Alabama.

On motion of Mr. Reese, the rules were suspended, and the resolution unanimously adopted.

Resolution No. 99, by Mr. Heflin, of Randolph:

Resolved, That the Committee on Executive Department are hereby instructed to embody in its report a provision fixing the salary of the Governor of this State at a sum not less than five thousand dollars per annum, said sum not to be increased nor diminished during his term of office.

The resolution was referred to the Committee on Executive Department.


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JOURNAL OF ALABAMA.

Resolution No. 100, by Mr. Bulger:

That whereas the Convention on last Friday adjourned over until noon to-day, thereby losing Saturday, one entire working day;

That, whereas, a session on one hour to-day is not long enough to dispose of the business of the Convention;

Therefore, be it resolved, that the rules of the Convention as to the hour of adjournment be suspended and the Convention remain in session to-day until 2 o’clock p. m.

The resolution was referred to the Committee on Rules.

Mr. Bulger moved that the rules be suspended and the resolution adopted.

The motion was lost, and the resolution was referred to the Committee on Rules.

Resolution No. 101, by Mr. Watts:

Resolved, That whenever either of the committees heretofore appointed, except the Committee on Rules, on Journal, and procuring ministers, is ready to report, the chairman thereof shall hand the said report to the Secretary of this Convention, who shall cause the said report to be printed and a copy thereof placed upon the desk of each member of the Convention before the said report is considered.

Second, that when any such report comes up for consideration by the Convention, each section or paragraph of said report shall be considered separately.

The resolution was referred to the Committee on Rules.

Resolution No. 102, by Mr. Henderson:

Resolved, That hereafter no member of this Convention shall yield his call for the purpose of introducing resolutions and ordinances to any other member, nor shall any under member on the call of his name introduce resolutions or ordinances in the name of any other member where such other member answered to his name on roll call on any day’s session of this Convention.

The resolution was referred to the Committee on Rules.


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CONSTITUTIONAL CONVENTION.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read once time at length, and referred to appropriate committees, as follows:

Ordinance 206, by Mr. Pettus:

To establish courts of County Commissioners in the several counties of the State, and authorize the Legislature to confer powers of local legislation and administration on the same.

The ordinance was referred to the Committee on Local Legislation.

Ordinance 207, by Mr. Sollie:

An ordinance adding Section 29 to Article V1 of the Constitution of Alabama.

The ordinance was referred to the Committee on Judiciary.

Ordinance 208, by Mr. Jenkins:

An ordinance to amend Section 1 of Article VIII of the Constitution, pertaining to suffrage and qualifications of voters.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 209, by Mr. White:

To regulate suffrage and elections in the State of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 210, by Mr. Bethune:

To amend the preamble of the Constitution.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 211, by Mr. Bethune:

To amend Section 5, Article XIII of the Constitution. (Refers to Education.)

The ordinance was referred to the Committee on Education.

Ordinance 212, by Mr. Brooks:

To amend Section 1 of Article X1 of the Constitution, relating to the taxation of mortgages.


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The ordinance was referred to the Committee on Taxation.

Ordinance 213, by Mr. Browne:

To amend Sections 5 and 7 of Article XI of the Constitution, relating to taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 214, by Mr. Browne:

Regulating the right to vote. (Relates to Suffrage and Elections.)

The ordinance was referred to the Committee on Suffrage and Elections.

PRIVILEGES OF THE FLOOR.

On motion of Mr. Long, of Walker, the privileges of the floor were extended to the Hon. William Richardson, of Madison, and the Hon. Thomas Taylor of Mobile.

REPORT OF THE COMMITTEE ON RULES

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, submitted the following report:

The Committee on Rules have considered the resolutions hereinafter mentioned, and beg leave to report in regard thereto as follows:

It returns resolution number 22 without action, and recommends that it be referred to the Committee on Education.

It reports as a substitute for the resolution number 71, introduced by Mr. O’ Neal, of Lauderdale, said substitute offered by Mr. Pillans of Mobile, and as a substitute for resolution number 85, introduced by Mr. Jones, of Wilcox, the following, and recommends its adoption by the Convention:

Resolved, That it is the sense of this Convention that the several standing committees appointed to deal with and consider proposed amendments, changes and alterations of and additions to the present Constitution, where no change is recommended by the committee, or


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has been made by the Convention in any article or provision of the present Constitution, shall report said provisions of the present Constitution as a part of the new Constitution, to be adopted or rejected, as the Convention may determine.

Resolved, First, That ordinances having for their only purpose the reenactment of articles or sections of the present Constitution, shall state the subject in the caption, and state the number of the article and section proposed to be reenacted, but the reenacting clause need not set out in extenso the article or section to be reenacted.

Second, That ordinances having for their purpose brief amendments to sections of the present Constitution, shall State the subject in the caption, and state the number of the article and section to be amended, but the section amended need not be set out in extenso in the ordinance offered.

It reports as a substitute for resolution number 95, introduced by Mr. Pettus, of Limestone, the following, and recommends its adoption by the Convention:

Resolved, That the Secretary, with the approval of the President of the Convention, be and he is authorized to purchase such blank books, stationery and other necessary supplies as may be necessary for the use of his office.

The committee returns herewith to the Convention the resolutions hereinabove referred to.

On motion of Mr. Smith, of Mobile, the report was adopted.

ADJOURNMENT.

The hour of 1 p.m. having arrived, under the rules the Convention adjourned until to-morrow at 10 o’clock a. m.


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ELEVENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Tuesday, June 4, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Browne of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Coleman (Walker),

Almon,

Cornwell,

Altman,

Craig,

Ashcraft,

Davis (DeKalb),

Banks,

deGraffenried,

Barefield,

Duke,

Beavers,

Eley,

Beddow,

Espy,

Bethune,

Eyster,

Blackwell,

Ferguson,

Boone,

Fitts,

Brooks,

Fletcher,

Browne,

Foshee,

Bulger,

Foster,

Burnett,

Freeman,

Burns,

Gilmore,

Byars,

Grayson,

Cardon,

Haley,

Carmichael (Colbert),

Handley,

Carmichael (Coffee),

Harrison,

Carnathon,

Heflin (Randolph),

Case,

Henderson,

Chapman,

Hinson,

Cofer,

Hodges,

Coleman (Greene),

Hood,


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Howell,

Pillans,

Howze,

Pitts,

Jones (Bibb),

Porter,

Jones (Hale),

Proctor,

Jones (Montgomery),

Renfro,

Jones (Wilcox),

Reynolds (Chilton),

Kirk,

Reynolds (Henry),

Kirkland,

Robinson,

Knight,

Rogers (Lowndes),

Kyle,

Rogers (Sumter),

Ledbetter,

Sanders,

Leigh,

Sanford

Locklin,

Searcy,

Long (Butler),

Selheimer,

Long (Walker),

Sentell,

Lowe (Jefferson),

Sloan,

Lowe (Lawrence),

Smith (Mobile),

McMillan (Baldwin),

Smith, Mac. A.,

McMillan (Wilcox),

Smith, Morgan M.,

Malone,

Spears,

Martin,

Spragins,

Maxwell,

Stewart,

Merrill,

Studdard,

Miller (Wilcox),

Tayloe,

Moody,

Thompson,

Murphree,

Vaughan,

NeSmith,

Waddell,

Norman,

Walker,

Norwood,

Watts,

Oates,

Weakley,

O’ Neal (Lauderdale),

Weatherly,

O’ Neal (Jefferson),

White,

Opp,

Whiteside,

O’ Rear,

Williams (Barbour),

Palmer,

Williams (Marengo),

Parker (Cullman),

Williams (Elmore),

Parker (Elmore),

Wilson (Clarke),

Pearce,

Wilson (Washington),

Pettus,

Winn.

Phillips,


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LEAVE OF ABSENCE.

Was granted to Messrs. Graham, of Montgomery, for to-day; Graham, of Talladega, for yesterday and today; Heflin, of Chambers, for to-day; Morrisette for to-day; Cunningham for to-day; Macdonald for to-day; Lomax for to-day and to-morrow.

COMMITTEE GRANTED LEAVE TO SIT DURING SESSION.

On motion of Mr. Coleman, of Greene, the Committee on Suffrage and Elections were granted leave to sit during the session of to-morrow.

REPORT OF COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the tenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman

The report of the committee was concurred in.

REPORT OF COMMITTEE ON RULES.

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, moved that the report of the Rules Committee adopted on yesterday, be amended so as to make the name of Mr. Wilson, of Clarke, appear instead of Mr. Pettus, of Limestone, as having introduced resolution number 95.

The Committee on Rules also submitted the following report:

The Committee on Rules reports that it has had under consideration resolution No. 77, by Mr. Proctor, which reads as follows:

Resolved, That the Committee on the Journal shall be entitled to a clerk, to be appointed by the chairman


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who shall receive the same per diem as clerks of the other committees. Resolved further,

That said clerk shall, when not engaged with said committee, serve any other committee that may need a clerk, or serve the Secretary of this Convention when so required by him.

And reports favorably upon said resolution, and recommends its adoption by the Convention.

On motion of Mr. Practor, the report was concurred in, and the resolution was adopted.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows:

Resolution 103, by Mr. Case:

Whereas, it is truthfully said: If we would see the foundation laid broadly and deeply on which the fabric of this country’s liberties shall rest, to the remotest generation, if we would see her carry forward the work of political reformation, and rise the bright and morning star of freedom over a benighted world, let us elevate the intellectual and moral character of every class of our citizens; and, most especially, let imbue them thoroughly with the principles of the gospel of Jesus Christ, but how shall we accomplish such reformation for the negro if we afford him no opportunity scarcely for literary culture, thus depriving him of chances for an education, as it were, to in a great extent? Such will not only discourage him, but, like an enemy, will turn to injure the white man, because all observation has clearly demonstrated the more any men are enlightened, to comprehend virtue, the less likely they are to perpetuate crime, and the better citizens they make.

And, whereas several ordinances have been introduced in this Convention, providing for an unequal distribution of the public school funds of this State between the white students and those of the colored children, and being of the opinion such ordinances are contrary to the spirit of the Federal Constitution, taking


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into consideration language of the Fourteenth Amendment to the same, as follows: No State shall make or enforce any law which shall deny to any person within its jurisdiction the equal protection of the laws.

Therefore, be it resolved, that the Judiciary Committee is hereby respectfully requested at its earliest convenience, to bring in a report stating whether or not such discrimination, as aforesaid, is in violation of the Federal Constitution.

The resolution was referred to the Committee on Judiciary.

Resolution 104, by Mr. Rogers, of Sumter:

Resolved, That whereas the resolution of the Convention adopted at an early day after its organization that there should be printed for the use and benefit of the delegates, the Constitutions of several designated States, bearing upon the question of Suffrage, and whereas, the material for such printing was promptly supplied, and whereas up to this time, said resolution has not been complied with.

Resolved, That the committee on Schedule, Printing and Incidental Expenses be instructed not to pay for any such printing unless, after examination, it be ascertained that the delay was absolutely unavoidable.

The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses.

Resolution No. 105, by Mr. Searcy:

Resolved, That whereas, this Convention has made a contract with Mr. Pat McGauly for stenographic reports of the proceedings of the Convention, wherein it was greed to pay said McGauly $70 for each working day of the Convention, for such stenographic report, and,

Whereas, there is now no authority in law for the Auditor to draw his warrant on the Treasurer for payment of said stenographer; therefore,

Be it ordained by the people of Alabama, in Convention assembled, that there is hereby appropriated a sum sufficient to pay whatever shall be due said stenographer, according to said contract, and the Auditor is hereby authorize and empowered to draw his warrant on the


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Treasurer in favor of said stenographer for such sums as shall from time to time be certified to him for such purposes by the President and Secretary of this Convention.

The resolution was referred to the Committee on Rules.

Resolution 106, by Mr. Hinson:

Resolved, That this Convention shall not raise, reduce or fix the compensation of any judicial officer of this State; but it shall be made the duty of the Legislature to increase the salaries of the justices of the Supreme Court, not to exceed five thousand dollars per annum, whenever the financial condition of the State will justify such increase.

The resolution was referred to the Committee on Judiciary.

Resolution 107, by Mr. Hinson:

Resolved, That this Convention shall not raise, reduce or fix the compensation of any executive officer, but it shall be made the duty of the Legislature to increase the salary of the Governor, not to exceed five thousand dollars per annum, whenever the financial conditions of the State will justify such increase.

The resolution was referred to the Committee on Executive Department.

Resolution No. 108, by Mr. Jones, of Hale:

Be it resolved, That whereas the people of Alabama having been living under the present Constitution for the past twenty-five years, and have found and do find, that the said Constitution meets practically all of the requirements requisite to the security of life, liberty and property, with the one exception, viz., that the negro is allowed to vote:

And whereas, the people of Alabama would probably rather bear the ills of the present Constitution than fly to those they know not of, except in the matter referred to.

Be it therefore resolved, that the Committee on Suffrage and Elections be requested and instructed to report to this Convention within the next five days an


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ordinance or ordinances looking to the disfranchisement of the negro.

Be it further resolved, That this Convention then be allowed five additional days within which to discuss such ordinance or ordinances, so reported by said committee, and that then a final vote shall be taken on such ordinance or ordinances.

Be it further resolved, That after such vote is taken by the Convention that this Convention do then adjourn sine die, whether said Convention has agreed on a suffrage clause or not.

The resolution was referred to the Committee on Rules.

Resolution 109, by Mr. Jones, of Montgomery:

For an additional section to the Declaration of Rights concerning the Quarantine and Police Power.

Resolved, That the committee on Preamble and Declaration of Rights be directed to report for the consideration of the Convention an additional section to the Declaration of Rights, in substance as follows:

That no person shall be compelled to exile himself from the State in time of epidemic or pestilential diseases, to obtain a refuge, if the authorities of any county in the State are willing to receive him in their borders.

The resolution was referred to the Committee on Preamble and Declaration of Rights.

Resolution 110, by Mr, Lowe, of Jefferson:

Resolved, That it is the sense of this Convention that the State, County and Congressional election should be held upon the same day; provided, however, that the General Assembly may prescribe separate and different dates for holding such elections.

The resolution was referred to the Committee on Legislative Department.

Resolution 111, by Mr. McMillan:

Be it resolved by this Convention, That it is the sense of this Convention that any ordinance adopted prescribing a poll tax qualification upon the right of suffrage, shall include in its provisions a section exempting all officers and men of the Alabama National Guard from its operation.


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The resolution was referred to the Committee on Taxation.

Resolution No. 112, by Mr. Parker, of Elmore:

Whereas, It is the well settled policy of this State that the traffic in vinous, spiritous and malt liquors is a privilege and not a right of the citizen; and whereas, the ample and unrestricted authority of the General Assembly, under the present Constitution of Alabama, to restrict and police the buying and selling of vinous, spiritous and malt liquors has been in the past, a bulwark of safety to society and the individual citizen against the evils of intemperance;

Now, therefore, be it resolved that it is the sense of this Convention that no ordinance shall be adopted that will abridge or destroy the power of the General Assembly of the State of Alabama to restrict, regulate and control the sale of vinous, spiritous and malt liquors.

The resolution was referred to the Committee on Legislative Department.

Resolution No. 113, by Mr. Whiteside:

Whereas, It is apparent that this Convention will not be able to complete its labors within the fifty days for which it is authorized to draw pay under the act calling the Convention;

And, whereas, the present Constitution provides that No bill shall be passed giving any extra compensation to any public officer; nor shall any officer of the State bind the State to the payment of any sum of money but by authority of law, therefore,

Be it resolved, That the question of the payment of the expenses, of this Convention beyond the said fifty days be referred to the Judiciary Committee, with instructions to report thereon at an early date.

Resolved, further, That it is the sense of this Convention that no per diem be paid to the delegates of this Convention beyond the fifty days named in the act calling the Convention.

The resolution was referred to the Committee on Judiciary.

Resolution No. 114, by Mr. J. W. A. Sanford:


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Whereas, In eight States and Territories of the Union the Eagle alone, or in combination with other figures, form the Great Seal; kind whereas, the Great Seal of this State should be distinctive and symbolic of some event in its history, or of some peculiarity in its topography, or of some characteristic of its people;

Therefore, be it resolved, That a committee of nine, one from each Congressional district, be appointed by the President of the Convention to suggest and to commend to the Convention a design for a Great Seal of Alabama, which shall be different from the seal of any other State or Territory.

The resolution was referred to the Committee on Rules.

Mr. Sanford moved that the rules be suspended and that the resolution be adopted. The motion was lost, and the resolution was referred to the Committee on Rules.

Resolution 115, by Mr. Mac. A. Smith, of Autauga:

Resolved, That it is the sense of this Convention that a provision shall be inserted in the proposed new Constitution for the State of Alabama, limiting the rate of taxation by State, counties and municipalities, and that such rate of taxation shall not exceed the rate now fixed by the present Constitution, but a lower rate shall be fixed if practicable.

The resolution was referred to the Committee on Taxation.

Resolution No. 116, by Mr. Burns, of Dallas:

Resolved, That Ex-United States Senator James L. Pugh, ex-Governor Joseph P. Johnston, ex-Secretary of the Convention of 1875, Benjamin H. Screws; and the seven surviving members of the last Constitutional Convention be allowed the privileges of the floor.

The resolution was referred to the Committee on Rules.

MEMORIAL.

Mr. Davis, of DeKalb, introduced by request the following memorial, which was referred to the Committee


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on State and County Boundaries:

Memorial in connection with ordinance No. 170.

To the Honorable, the Constitutional Convention, of the State of Alabama:

With the view of protesting against any interference by your honorable body with the act approved March 5th, 1901, removing the county seat of Shelby county from Columbiana to Calera, and in answer to the memorial accompanying the introduction of ordinance No. 170 into the Convention, which ordinance is now in the hands of the Committee on State and County Boundaries, we beg leave to respectfully submit the following:

The location of the county site of Shelby county has been a bone of contention between the advocates of Columbiana and Calera for the past twenty years. In 1894 (not 1895, as set forth in said memorial,) an election was held in the county upon the question, but the law under which it was held failed to provide for a contest or to provide any safeguards against fraud, and the Columbiana advocates being in absolute control of the election machinery, they took advantage of the weakness of the law, and most unmercifully counted Calera out by all sorts of frauds, such as importing voters, stuffing ballot boxes, and throwing out boxes which were favorable to Calera.

In 1899 an act was passed by the General Assembly, over the opposition of the Columbiana advocates, permitting another election on the question within four years from the passage of said act. This act was well guarded against frauds, particularly the frauds perpetrated in the former election, but it failed to expressly provide that no step should be taken in the meantime to build a new court house at Columbiana. No one supposed that any such effort would be made as it was clearly against the spirit of the law. But during the latter part of the last session of the General Assembly the fact came to the knowledge of the Senator and Representative from Shelby county that there was a well defined plan on foot to forestall the election law in force


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by quietly arranging for the erection of new county buildings at Columbiana as soon as the Legislature should adjourn. Upon receiving this information, the correctness of which they did not then and do not now doubt, the Senator and Representative consulted over the matter, and being satisfied that a majority of the people of the county favored Calera as the county seat, they decided to introduce and pass a bill removing the county seat from Columbiana to Calera, and proceeded to do so. The bill was regularly introduced, read once by its caption, and referred to the committee on Counties and County Boundaries at the afternoon session of February 26th, the forty-fifth day of the session. On the next day it was reported, read second time and placed on the House calendar, and on the next day it was, after due notice, called up and put upon its passage, being read third time, and was duly passed by the House. It was sent forthwith to the Senate, as other bills passed at that stage, without engrossment. In the Senate it was read first time and referred to the Committee on corporations. February 28ththe two Houses adjourned over to March 2nd to March 5th, when the bill was called up, read third time, and passed at the afternoon session. Later on the same day it was signed by the presiding officers of the two Houses in the presence of their respective Houses, after its title had been publicly read and the fact entered on the Journal. It received executive approval the same day.

It will be seen that the bill went upon the House calendar on February 26th, seven days before the final adjournment of the Legislature, and that the wholesale aspersions attempted to be cast upon all persons connected with the passage of the bill are without any foundation in fact. While the Citizens Committee of Columbiana indulge in much extravagant language touching the passage of the bill, they seem to rely upon the absence of recollection on the part of certain members of the House and upon such want to recollection to base their wholesale charges of fraud.


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Among all the letters claimed to have been received from members of the House by the Citizens Committee  the letter of Mr. Striplin seems to be regarded as alone worth publication. Mr. Striplin says: I don’t remember one thing about it. All else that he says is merest conjecture.

The Representative states positively that he carried this identical bill, with the identical cover now on it, to Mr. Striplin, together with a note from Senator Oliver, asking its favorable consideration, and that he, the Representative, saw Mr. Striplin go to members of the committee with the bill in his hand and procure their signatures on the back of the bill, with a favorable report.

The removal act, which carefully guards the interests of the county, limits the issue of bonds to $30,000, and the rate of interest to 5 per cent. And requires the redemption of $2,000 of the principal each year by lot at a premium of 5 per cent., thus paying of the bonds with the specified levy of one-eighth of 1 per cent in the fifteen years or less, according to the amount issued. So that the indebtedness which may be placed on the county is little more than half the amount estimated by the Citizens Committee of Columbiana.

As to the location of Calera, it is far more accessible to a majority of the people of the county than Columbiana, because of the fact that it has railroads leaving it in five different directions, and touching every precinct in the county, with the exception of two. Columbiana is far from the geographical center of the county, and still further from the center of population in point of accessibility. A glance at the map will aid in demonstrating these facts.

The Senator and Representative emphatically deny that they had assured the people of the county that they would not introduce any legislation pertaining to the court house. They were not pledged on the question of the removal of the county seat, nor was it an issue in the campaign.

Touching the alleged action of political parties in Shelby county, it is denied that the action taken by certain persons claiming to represent the Democratic and


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Populist parties at Columbiana were representatives of these parties in the county. There was not a quorum of the precincts represented in either case. Nor was the result of the election with the advocates of Columbiana in charge of the machinery any reliable index to the will of the people in regard to the court house question. Moreover, the advocates of Calera do not understand that the subject is one of which the Constitutional Convention will take cognizance.

The advocates of Columbiana have resorted to all possible litigation to strike down the removal act, and the question of its validity is now before the Supreme Court, where a decision will no doubt be rendered at an early day.

Wherefore, and for various other reasons, we respectfully submit that it is wholly inexpedient for this honorable body to undertake to nullify said removal act.

Respectfully submitted,

W.R. OLIVER,

Senator from Shelby County.

G.B. DEANS,

Representative from Shelby County.

ORDINANCES ON FIRST READING,

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 215, by Mr. Bulger:

To provide for the election of the officers of the State by the people, and to limit the terms of the same.

The ordinance was referred to the Committee on Executive Department.

Ordinance 216, by Mr. Burnett:

To amend Section 35, of Article I of the Constitution.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 217, by Mr. Burns:

To limit the authority of the proper officials, regarding the issuance of marriage licenses to females under the age of 16 years.


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CONSTITUTIONAL CONVENTION.

The ordinance was referred to the Committee on Judiciary.

Ordinance 218, by Mr. Burns:

To regulate the establishment of charitable, educational or agricultural institutions.

The ordinance was referred to the Committee on Education.

Ordinance 219, by Mr. Burns:

To prohibit the filing of prices or hours of laborers.

The ordinance was referred to the Committee on Corporations.

Ordinance 220, by Mr. Knight:

To amend Section 3 of Article VIII of the Constitution of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 221, by Mr. Cardon:

To amend Section 1 of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Local Legislation.

Ordinance 222, by Mr. Cardon:

To amend Section 1 of Article VI of the present Constitution of Alabama.

The ordinance was referred to the Committee on Judiciary.

Ordinance 223, by Mr. Carmichael, of Coffee:

To regulate the amount of money which may be expended by the State for the support of the State institutions of learning.

The ordinance was referred to the Committee on Education.

Ordinance 223, by Mr. Carnathon:

To regulate the establishment of stock law districts.

The ordinance was referred to the Committee on Local Legislation.

Ordinance 225, by Mr. Carnathon:

Amending Section 25, of Article VI.

The ordinance was referred to the Committee on Judiciary.

Ordinance 226, by Mr. Chapman:


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To amend Section 31 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 227, by Mr. Chapman:

To amend Article IV of the Constitution by adding thereto an additional section.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 228, by Mr. Chapman:

To amend Article IV of the Constitution, by adding an additional section.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 229, by Mr. Cofer:

To be entitled an ordinance to encourage emigration to the State of Alabama.

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance 230, by Mr. Cofer:

To amend Section 1 of Article XIII of the Constitution of the State of Alabama.

The ordinance was referred to the committee on Education.

Ordinance 231, by Mr. Cofer:

To regulate the appointment and appropriation of the school funds of the State, to the common public schools of the State.

The ordinance was referred to the Committee on Education.

Ordinance 232, by Mr. Cofer:

To regulate the representation of the counties in the State of Alabama.

The ordinance was referred to the Committee on Representation.

Ordinance 233, by Mr. Craig:

To amend the Constitution of Alabama by adding an additional article.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 234, by Mr. Craig:


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CONSTITUTIONAL CONVENTION.

To amend Sections 1 and 2 of Article I of the Constitution of Alabama.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 235, by Mr. Craig:

To amend Section 1 of Article X of the Constitution of Alabama.

The ordinance was referred to the Committee on Exemption.

Ordinance 236, by Mr. Craig:

To amend Section 15 of Article VI of the Constitution of Alabama.

The ordinance was referred to the Committee on Judiciary.

Ordinance 237, by Mr. Craig:

To prescribe the mode and manner in and by which the Governor of the State may exercise the appointing power to office in this State.

The ordinance was referred to the Committee on Executive Department.

Ordinance 238, by Mr. Craig:

An ordinance to regulate suffrage in the State.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 239, by Mr. Pitts:

To fill vacancies in county offices by the Court of County Commissioners.

The ordinance was referred to the Committee on Judiciary.

Ordinance 240, by Mr. Ferguson:

To dispense with the necessity of indictment in certain felony cases.

The ordinance was referred to the Committee on Judiciary.

Ordinance 241, by Mr. Fletcher:

To amend Section 50, Article IV of the Constitution, by adding certain words at the end of the section.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 242, by Mr. Fletcher:


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To amend Section 5 of Article XI of the Constitution relating to the manner of levying taxes.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 243, by Mr. Searcy:

To amend Section 5 of Article XI.

The ordinance was referred to the Committee on Taxation.

Ordinance 244, by Mr. Searcy:

As to the banking or depository; State funds.

The ordinance was referred to the Committee on Banks and Banking.

Ordinance 245, by Mr. Morrisette:

To amend Article VIII of the Constitution, by striking out the whole thereof, and inserting another article.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 246, by Mr. Grayson:

To amend Sections 4 and 5 of Article XI of the Constitution.

The ordinance was referred to the Committee on Taxation.

Ordinance 247, by Mr. Grayson:

To provide for the payment of the public debt.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 248, by Mr. Harrison:

To limit the issue of bonds or other evidences of debt by cities and towns in this State.

The ordinance was referred to the committee on Municipal Corporations.

Ordinance 249, by Mr. Heflin, of Randolph:

Referring to the office of Justice of the Peace, Notary Public and Constable.

The ordinance was referred to the Committee on Judiciary.

Ordinance 250, by Mr. J. C. Henderson:

To fix the time for the assembling of the General Assembly.

The ordinance was referred to the Committee on Legislative Department.


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CONSTITUTIONAL CONVENTION.

Ordinance 251, by Mr. J. C. Henderson:

Providing for the bonding of State and County officers.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 252, by Mr. Henderson:

Reducing the number of jurors.

The ordinance was referred to the Committee on Judiciary.

Ordinance 253, by Mr. Henderson:

To provide for the working of convicts of the several counties of the State.

The ordinance was referred to the Committee on Judiciary.

Ordinance 254, by Mr. Henderson:

Providing for the exemption of cotton mills from taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 255, by Mr. Henderson:

Regulating and providing for the publication of laws and bills.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 256, by Mr. Henderson:

To establish a Department of Agriculture.

The ordinance was referred to the Committee on Executive Department.

Ordinance 257, by Mr. Henderson:

Amending Section 5 of Article XIII, applying to public school fund.

The ordinance was referred to the Committee on Education.

Ordinance 258, by Mr. Weakley, of Lauderdale:

To amend Section 4 of Article X1 of the Constitution of the State of Alabama.

The ordinance was referred to the Committee on Taxation.

Ordinance 259, by Mr. Hood:

To establish a Court of Appeals, and declare jurisdiction thereof.


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The ordinance was referred to the Committee on Judiciary.

Ordinance 260, by Mr. Robinson, of Chambers:

To amend Section 1 and 3 of Article VIII of the Constitution of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 261, by Mr. Jones, of Montgomery:

To promote speedy decision of causes in the Supreme Court.

The ordinance was referred to the Committee on Judiciary.

Ordinance No. 262, by Mr. Jones, of Montgomery:

To provide for a Board of Conciliation.

The ordinance was referred to the Committee on Executive Department.

Ordinance 263, by Mr. Jones, of Wilcox:

To amend Section 3 of Article VIII of the Constitution.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance No. 264, by Mr. Jones, of Wilcox:

To amend Section 2 of Article X of the Constitution.

The ordinance was referred to the Committee on Exemptions.

Ordinance No. 265, by Mr. Jones, of Wilcox:

To amend Section 1 of Article XIII of the Constitution.

The ordinance was referred to the Committee on Education.

Ordinance No. 266, by Mr. Rogers, of Lowndes:

To amend Section 1 of Article II of the Constitution.

The ordinance was referred to the Committee on Taxation.

Ordinance 264, by Mr. Ledbetter:

That the office of Examiner of Public Accounts be and the same is hereby continued.

The ordinance was referred to the Committee on Executive Department.

Ordinance 268, by Mr. Ledbetter:


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That Probate Judges shall be elected every four years.

(Relates to the election and salary of Probate Judge.)

The ordinance was referred to the Committee on Judiciary.

Ordinance 269, by, Mr. Long, of Walker:

To amend Section 6 of Article XI of the Constitution of Alabama.

The ordinance was referred to the Committee on Taxation.

Ordinance 270, by Mr. Long, of Walker:

To prescribe the qualification of electors, and to better provide for fair elections in the State of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 271, by Mr. Lowe, of Jefferson:

To prescribe the time of election of Justices of the Supreme Court, Circuit Judges, Chancellors and Probate Judges.

The ordinance was referred to the Committee on Judiciary.

Ordinance 272, by Mr. Lowe, of Jefferson:

To prescribe the term of office of Justices of the Supreme Court, Circuit Judges, Chancellors and Probate Judges.

The ordinance was referred to the Committee on Judiciary.

Ordinance 273, by Mr. Parker, of Elmore:

To amend Article XVI of the Constitution.

The ordinance was referred to the Committee on Amendments to the Constitution and Miscellaneous Provisions.

Ordinance 274, by Mr. Oates, of Montgomery:

To amend Article VIII of the Constitution, as to the qualification of electors.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 275, by Mr. Oates, of Montgomery:

To improve the judicial system of the State.

The ordinance was referred to the Committee on Judiciary.

Ordinance 276, by Mr. Whiteside:


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Relating to municipal corporations.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 277, by Mr. Watts, of Montgomery:

To add a section to Article III. (Distribution of the powers of government.)

The ordinance was referred to the Committee on Executive Department.

Ordinance 278, by Mr. Watts, of Montgomery:

To amend Sections 11, 12, 13,14,15,21, of Article 1.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 279, by Mr. Watts, of Montgomery:

To amend Sections 9,10,12,17, 25, of Article VI.

The ordinance was referred to the Committee on Judiciary.

Ordinance 280, by Mr. J.W.A. Sanford:

To establish a bureau of Industrial Resources.

The ordinance was referred to the Committee on Executive Department.

Ordinance 281, by Mr. Selheimer:

Relating to the Judiciary in counties having a population of 40,000 or more.

The ordinance was referred to the Committee on Judiciary.

Ordinance 282, by Mr. Selheimer:

To exclude from any limitation upon the indebtedness of municipal corporations, obligations or bonds issued for street improvements, etc.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 283, by Mr. Sentell:

Relating to education. That Section 7 of Article XIII be amended.

The ordinance was referred to the Committee on Education.

Ordinance 284, by Mr. Mac. A. Smith, of Autauga:

To amend Section 23 of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Local Legislation.


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CONSTITUTIONAL CONVENTION.

Ordinance 285, by Mr. Mac. A. Smith, of Autauga:

To prohibit the delegation of authority to levy taxes.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 286, by Mr. Mac. A. Smith, of Autauga:

To prevent the contracting of a debt beyond the revenues of the State to meet.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 287, by Mr. Thompson, of Bibb:

To amend Section 5 of Article XIII of the present Constitution.

The ordinance was referred to the Committee on Education.

Ordinance 288, by Mr. Thompson, of Bibb:

To provide for the election of Solicitors and County Officers, and prescribe the term of office.

The ordinance was referred to the Committee on Judiciary.

RESOLUTIONS.

Mr. Grayson offered the following resolution:

Resolved, That the official stenographer be required to state the day of the week as well as of the month at the head of the daily reports.

Upon the suggestion of the President the resolution was withdrawn, and the official stenographer was instructed to insert the day of the week in each of his daily reports.

REPORT OF STANDING COMMITTEES.

Upon motion of Mr. Williams, of Marengo, the call of standing committees was dispensed with.

ADJOURNMENT.

The hour of 1 o’clock p.m. having arrived, under the rules the Convention adjourned until to-morrow morning at 10 o’clock a. m.


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TWELFTH DAY.

CONVENTION HALL.

Montgomery, Ala., Wednesday, June 5, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Provence of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Coleman (Greene),

Almon,

Coleman (Walker),

Altman,

Cornwell,

Ashcraft,

Craig,

Banks,

Cunningham,

Barefield,

Davis (DeKalb),

Bartlett,

deGraffenried,

Beavers,

Duke,

Beddow,

Eley,

Bethune,

Eyster,

Blackwell,

Espy,

Boone,

Ferguson,

Brooks,

Fitts,

Browne,

Fletcher,

Bulger,

Foshee,

Burnett,

Foster,

Burns,

Freeman,

Byars,

Gilmore,

Cardon,

Graham (Montgomery),

Carmichael (Colbert),

Graham (Talladega),

Carmichael (Coffee),

Grayson,

Carnathon,

Greer (Calhoun),

Case,

Haley,

Chapman,

Handley,

Cofer,

Harrison,


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Heflin (Chambers),

O’ Neal (Jefferson),

Heflin (Randolph),

Opp,

Henderson,

O’ Rear,

Hinson,

Palmer,

Hodges,

Parker (Cullman),

Hood,

Parker (Elmore),

Howell,

Pearce,

Howze,

Pettus,

Inge,

Phillips,

Jackson,

Pillans,

Jones (Bibb),

Pitts,

Jones (Hale),

Porter,

Jones (Wilcox),

Proctor,

Kirk,

Reese.

Kirkland,

Reynolds (Chilton),

Knight,

Reynolds (Henry),

Kyle,

Robinson,

Leigh,

Rogers (Lowndes),

Locklin,

Rogers (Sumter),

Long (Butler),

Sanders,

Long (Walker),

Sanford

Lowe (Jefferson),

Searcy,

Lowe (Lawrence),

Selheimer,

Macdonald,

Sentell,

McMillan (Baldwin),

Sloan,

McMillan (Wilcox),

Smith (Mobile),

Malone,

Smith, Mac. A.,

Martin,

Smith, Morgan M.,

Maxwell,

Sollie,

Merrill,

Sorrell,

Miller (Marengo),

Spears,

Miller (Wilcox),

Spragins,

Moody,

Stewart,

Mulkey,

Studdard,

Murphree,

Tayloe,

NeSmith,

Thompson,

Norman,

Vaughan,

Norwood,

Waddell,

Oates,

Walker,

O’Neal (Lauderdale),

Watts,

Weakley,


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Weatherly,

Williams (Marengo),

White,

Wilson (Clarke),

Whiteside,

Winn-138.

Williams (Barbour),

QUESTION OF PRIVILEGE.

Mr. Sanford, of Montgomery, arose to a question of personal privilege, and stated that the following appeared in this morning’s Montgomery Advertiser:

General Sanford, of Montgomery, seeks to have a Committee raised to draft a new design for a State steal.

Mr. Sanford stated that he desired to call attention to the error contained in the above and foregoing extract. That his resolution seeks to provide for a design for a new State seal.

LEAVE OF ABSENCE.

Was granted to Messrs. Cobb, for to-day; Renfroe, for to-day; Ledbetter, for two days; Williams, of Elmore, for to-day; Jackson, for yesterday; Morrisette, for three days; Davis, of Etowah , for to-day; Sentell for to-morrow ; Henderson, for to-day; Jones, of Montgomery, for to-day; Weakley, for to-morrow; Wilson, of Washington, for to-day; Ashcraft, for to-morrow and Friday.

REPORT OF COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the eleventh day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report was concurred in.


181

CONSTITUTIONAL CONVENTION.

REPORT OF COMMITTEE ON RULES.

Mr. Smith, of Mobile, submitted the following report from the Committee on Rules:

The Committee on Rules beg leave to report that they have had under consideration the resolutions hereinafter mentioned, and beg leave to report thereon as follows:

The committee reports adversely to resolution number 86, introduced by Mr. Long, of Walker, and recommends that it be not adopted by the Convention. Said resolution reads as follows:

Whereas, a resolution making an appropriation from the State Treasury of $70 a day for the stenographic report of the proceedings of the Constitutional Convention was passed by this body without an aye and nay vote, and

Whereas, there are grave doubts as to the legality of such proceedings, and

Whereas, the stenographic reports as published show many errors, therefore, be it

Resolved, That the President of this Convention be and he is hereby requested to immediately cancel the contract for stenographic report, after paying all the expenses by the State connected therewith, to the date of cancellation.

The committee reports favorably on resolution number 105, introduced by Mr. Searcy, of Tuskaloosa, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That whereas this Convention has made a contract with Mr. Pat. McGauly for stenographic reports of the proceedings of the Convention, wherein it was agreed to pay said McGauly seventy dollars for each working day of the Convention for such stenographic report, and whereas, there is now no authority in law for the auditor to draw his warrant on the Treasurer for payment of said stenographer, therefore

Be it ordained by the people of Alabama in Convention assembled, that there is hereby appropriated a sum sufficient to pay whatsoever shall be due to said stenog-


182

JOURNAL OF ALABAMA

rapher, according to said contract, and the auditor is hereby authorized and empowered to draw his warrant on the Treasurer in favor of said stenographer for such sums as shall from time to time be certified to be due for such purpose by the President and Secretary of the Convention.

The committee reports back to the Convention resolution number 83, introduced by Mr. Pettus, of Limestone, without recommendation on its part, for the action of the Convention.

The committee reports back to the Convention resolution number 87, introduced by Mr. Vaughan, of Dallas, without recommendation on its part, for the action of the Convention.

The committee reports back to the Convention resolution number 102, introduced by Mr. Henderson, of Pike, without recommendation on its part, for the action of the Convention.

The committee reports as a substitute for resolution number 97, introduced by Mr. Winn, of Barbour, the following resolution, and recommends its adoption by the Convention:

Resolved, That it is the sense of this Convention that each ordinance offered shall contain but one subject matter, which shall be clearly expressed in the title, so that the same may be properly referred to the appropriate committee.

The committee reports adversely to resolution number 101, introduced by Mr. Watts, of Montgomery, and recommends that it be not adopted by the Convention for the reason that its purpose is covered by rule number 47.

Said resolution reads as follows:

Resolved, That whenever either of the committees hereafter appointed, except the Committee on Rules, on Journal, and procuring ministers, is ready to report, the chairman thereof shall hand the said report to the Secretary of this Convention, who shall cause the said report to be printed and a copy thereof placed upon the desk of each member of the Convention before the said report is considered.


183

CONSTITUTIONAL CONVENTION.

Second, that when any such report comes up for consideration by the Convention, each section or paragraph of said report shall be considered separately.

The committee herewith returns to the Convention the resolutions hereinabove referred to.

Mr. Long of Walker, made the following motion:

I move to amend the report of the Committee on Rules by striking out the adverse report of resolution number 86, and substituting therefore the favorable consideration of said resolution, and placing the same upon its passage.

Mr. White raised the point of order that the motion of Mr. Long, of Walker, was out of order, in that it sought to make a report upon the committee. The point of order was not sustained.

Mr. White raised the further point of order that the motion of Mr. Long was out of order in that the said motion was in effect a reconsideration of the vote by which the resolution authorizing the stenographic report, was adopted.

The point of order was not sustained.

The question recurred upon the motion of Mr. Long, of Walker.

Mr. Harrison moved to table the motion of Mr. Long, of Walker.

And the motion to table prevailed, yeas 91; nays. 40.

YEAS.

Messrs. President,

Carmichael (Coffee),

Altman,

Carnathon,

Banks,

Case,

Bartlett,

Coleman (Greene),

Bethune,

Cornwell,

Blackwell,

Craig,

Boone,

deGraffenried,

Brooks,

Eley,

Browne,

Eyster,

Bulger,

Espy,

Burnett,

Ferguson,

Byars,

Fitts,

Carmichael (Colbert),


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JOURNAL OF ALABAMA

Foshee,

Palmer,

Foster,

Parker (Cullman),

Freeman,

Parker (Elmore),

Gilmore,

Phillips,

Graham (Montgomery),

Pillans,

Graham (Talladega),

Pitts,

Greer (Calhoun),

Porter,

Handley,

Proctor,

Harrison,

Reynolds (Chilton),

Heflin (Chambers),

Rogers (Sumter),

Hodges,

Sanders,

Hood,

Searcy,

Howell,

Selheimer,

Jackson,

Sentell,

Jones (Hale),

Sloan,

Jones (Wilcox),

Smith (Mobile),

Knight,

Smith, Morgan M.,

Kyle,

Sollie,

Leigh,

Spears,

Macdonald,

Stewart,

McMillan (Baldwin),

Studdard,

McMillan (Wilcox),

Tayloe,

Martin,

Thompson,

Maxwell,

Vaughan,

Merrill,

Waddell,

Miller (Wilcox),

Walker,

Mulkey,

Watts,

Murphree,

Weakley,

NeSmith,

Weatherly,

Norwood,

White,

Oates,

Whiteside,

O’ Neal  (Lauderdale),

Wilson (Clarke),

O’ Neal  (Jefferson),

Winn-91.

NOES.

Messrs. Almon,

Burns,

Ashcraft,

Cardon,

Barefield,

Chapman,

Beavers,

Cofer,

Beddow,

Coleman (Walker),


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CONSTITUTIONAL CONVENTION.

Davis (DeKalb),

Malone,

Duke,

Miller (Marengo),

Fletcher,

Moody,

Grayson,

Opp,

Haley,

O’ Rear,

Heflin (Randolph),

Pearce,

Howze,

Pettus,

Inge,

Reynolds (Henry),

Jones (Bibb),

Robinson,

Kirkland,

Rogers (Lowndes),

Locklin,

Samford,

Long (Butler),

Smith, Mac. A.,

Long (Walker),

Spragins,

Lowe (Jefferson),

Williams (Barbour),

Lowe (Lawrence),

Williams (Marengo)-40.

Mr. Brooks asked that the report of the Committee on Rules be divided, so that the resolutions should be considered seriatim.

The request was granted, and each resolution was considered separately, as follows:

The committee reports adversely to resolution number 86, introduced by Mr. Long, of Walker, and recommends that it be not adopted by the Convention. Said resolution reads as follows:

Whereas, a resolution making an appropriation from the State Treasury of seventy dollars a day for a stenographic report of the proceedings of the constitutional Convention, was passed by this body without an aye and nay vote; and

Whereas, there are grave doubts as to the legality of such a proceeding, and

Whereas, the stenographic reports as published show many errors; therefore be it

Resolved, That the President of this Convention be and he is hereby requested to immediately cancel the contract for stenographic report, after paying all the expenses by the State connected therewith, to the date of cancellation.

Mr. Brooks moved to concur in the report of the committee, which motion prevailed.


186

JOURNAL OF ALABAMA

The committee reports favorably on resolution number 105, introduced by Mr. Searcy, of Tuscaloosa, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That whereas this Convention has made a contract with Mr. Pat McGauly for stenographic reports of the proceedings of the Convention, wherein it was agreed to pay said McGauly $70 (seventy dollars) for each working day of the Convention for such stenographic report, and whereas there is now no authority in law for the auditor to draw his warrant on the Treasurer for payment of said stenographer, therefore be it ordained by the people of Alabama, in convention assembled, that there is hereby appropriated a sum sufficient to pay whatsoever shall be due said stenographer according to said contract, and the Auditor is hereby authorized and empowered to draw his warrant on the Treasurer in favor of said stenographer for such sums as shall from time to time be certified to be due for such purpose by the President and Secretary of the Convention.

Mr. Knight moved to concur in the report of the committee, which motion prevailed.

The committee reports back to the Convention resolution number 83, introduced by Mr. Pettus, of Limestone, without recommendation on its part, for the action of the Convention.

Mr. Howell moved to concur in the report of the committee, and the motion prevailed.

Mr. Pettus moved to recommit the resolution to the Committee on Rules. The motion was lost.

Mr. Pettus offered the following amendment to the resolution:

Amend by adding Provided, however, that the daily stenographic report shall set out all ordinances and resolutions introduced, in full.

Mr. Malone moved to table the resolution and amendment, and the motion prevailed.

The committee reports back to the Convention resolution No. 87, introduced by Mr. Vaughan, of Dallas,


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CONSTITUTIONAL CONVENTION.

without recommendation on its part, for the action of the Convention.

Mr. Smith, of Mobile, moved to concur in the report of the committee, and the motion prevailed.

Mr. Vaughan moved that the resolution be adopted, and the motion was lost.

Mr. Burnett moved to table resolution 87, which motion prevailed.

The committee reports back to the Convention resolution number 102, introduced by Mr. Henderson, of Pike, without recommendation on its part, for the action of the Convention.

Mr. Smith, of Mobile, moved to concur in the report of the committee, and the motion prevailed.

The committee reported as a substitute for resolution number 97, introduced by Mr. Winn, of Barbour, the following resolution, and recommends its adoption by the Convention:

Resolved, That it is the sense of this Convention that each ordinance offered shall contain but one subject matter, which shall be clearly expressed in the title, so that the same may be properly referred to the appropriate committee.

Mr. Smith, of Mobile, moved to adopt the substitute for resolution number 97, reported by the committee, which motion prevailed.

The committee reported adversely to resolution number 101, introduced by Mr. Watts, of Montgomery, and recommends that it be not adopted by the Convention, for the reason that its purpose is covered by rule number 47. Said resolution reads as follows:

Resolved, That whenever either of the committees hereafter appointed, except the Committee on Rules, on Journal, and procuring ministers, is ready to report, the chairman thereof shall hand the said report to the Secretary of this Convention, who shall cause the said report to be printed and a copy thereof placed upon the desk of each member of the Convention before the said report is considered.

Second, That when any such report comes up for consideration by the Convention each section or paragraph


188

JOURNAL OF ALABAMA

of said report shall be considered separately.

Mr. Watts, of Montgomery, moved that the report of the committee be concurred in, which motion prevailed.

Mr. Smith, of Mobile, moved that the report be adopted as a whole, which motion prevailed.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows:

Resolution No. 117 (with document), by Mr. Williams, of Marengo:

Whereas, There appears to be great diversity of opinion as to the manner of appointment of Trustees, Faculty and Executive Officer of certain state educational institutions, and

Whereas, From years of association with the University of Virginia I believe that the methods employed therein governing that institution of learning are good;

Therefore, attached hereto is an unabridged copy of the laws of the University of Virginia for 1900, together with the code references from the laws of the State of Virginia in regard to said University, which are commended to the study and careful consideration of the Committee on Education, hoping that, therefrom, they will get much that is good tending to relieve the said institution in the State of Alabama from objectionable influences.

With the consent of the Convention, I beg that the attached exhibit be referred to the committee without reading before the Convention, and without printing.

The resolution was referred to the Committee on Education.

Resolution No. 118, by Mr. Barefield:

To provide for the payment of stationery and printing, etc.

That, whereas, it is necessary for this Convention to be supplied with the proper stationery and to have furnished for the use of the Convention various and sundry pamphlets, and


189

CONSTITUTIONAL CONVENTION.

Whereas, the Secretary of the State is not empowered to contract for or to appropriate any money to pay for such expense, therefore be it resolved,

First, that the chairman of the Committee on Schedule, Printing and Incidental Expenditures be and is hereby authorized to appoint three members of said committee, with himself as chairman, to contract for such stationery and printing at the lowest expense, and to certify the various amounts due for said stationery and printing to the Secretary and President of this Convention, who shall be caused to be drawn a warrant on the Treasury of this State to pay same, and said amount when so drawn shall be charged up to the expenses of the Constitutional Convention.

Mr. Barefield moved that the rules be suspended and the resolution be adopted, and the motion prevailed.

Resolution 119, by Mr. Burns:

Resolved, That whereas it has been stated upon this floor, which statement has not been denied, refuted or controverted, that a stenographic verbatim report of the proceedings of this Convention can be furnished in pamphlet form, and one thousand or more copies of the same be delivered to the proper officers of the Convention prior to the hour of convening each day at a saving of at least $25 per diem to the taxpayers of the State.

And whereas, the publishing of the proceedings in proper pamphlet form would add to the convenience of the members and to the saving of much expense in the office of the Secretary from day to day, as well as in the final preparation for the publication of the Journal.

That the committee on Schedule, Printing and Incidental Expenditures be and are hereby authorized to send for persons and papers and thoroughly investigate this subject as early as practicable, and report as early as convenient.

The resolution was referred to the Committee on Schedules, Printing and Incidental Expenditures.

Resolution 120, by Mr. Grayson:

Resolved, That all resolutions authorizing the payment of any money shall be adopted only by a yea and nay vote.


190

JOURNAL OF ALABAMA

The resolution was referred to the Committee on Schedule, Printing and Incidental Expenditures.

Resolution 121, by Mr. Long, of Walker:

Resolved, That hereafter no appropriation or contract requiring the payment of money from the State Treasury shall be passed by this Convention otherwise than by a yea and nay vote.

The resolution was referred to the Committee on Rules.

Ordinance 122, by Mr. Ferguson:

A resolution concerning the Suffrage.

Be it resolved by the people of Alabama, in Convention assembled, that the Committee on Suffrage and Elections be required to 1ook into the legality and advisability of embodying the following suggestions in the Suffrage clause, to be submitted to this Convention, conferring the right to vote as follows:

First, on those citizens of the State not otherwise disqualified, who were born in the state of bondage or servitude, prior to the first day of January, 1863.

Second, on those citizens of the State and their descendants not otherwise disqualified, who were not born in a state of bondage or servitude prior to the first day of January, 1863.

The resolution was referred to the Committee on Suffrage and Elections.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 289, by Mr. Banks:

To regulate elections in the State of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 290, by Mr. Beddow:

To create a Railroad Commission.

The ordinance was referred to the Committee on Corporations.

Ordinance 291, by Mr. Blackwell:


191

CONSTITUTIONAL CONVENTION.

To prohibit the appropriation of any part of the public school money in aid of church or sectarian schools.

The ordinance was referred to the Committee on Education.

Ordinance 292, by Mr. Waddell:

To amend Article VI of the present Constitution, relating to the Judiciary.

The ordinance was referred to the Committee on Judiciary.

Ordinance 293, by Mr. Bulger:

To regulate the right to vote in this State.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 294, by Mr. Burns:

To amend Section 1, Article XVII of the new Constitution.

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance 295, by Mr. Cofer:

To amend Section 5 of Article IV of the Constitution of Alabama, regulating terms of General Assembly, and pay of members, etc.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 296, by Mr. Coleman, of Walker:

Relating to the Judiciary.

The ordinance was referred to the Committee on Judiciary.

Ordinance 297, by Mr. O’ Neal , of Jefferson:

To limit the power of city or town to incur debt or issue bonds.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 298, by Mr. Fitts:

To prescribe the mode of selection of the trustees of the University of Alabama.

The ordinance was referred to the Committee on Education.

Ordinance 299, by Mr. Fitts:

To declare the Governor ineligible for office for two years after the expiration of his term of office.


192

JOURNAL OF ALABAMA

The ordinance was referred to the Committee on Executive Department.

Ordinance 300, by Mr. Graham, of Montgomery:

To prevent the General Assembly from depriving the municipalities of this State of their legitimate revenues. (Legislation.)

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 301, by Mr. Graham, of Montgomery:

To amend Section 2 of Article IV of the Constitution of Alabama. (Legislative Department.)

The ordinance was referred to the Committee on Legislative Department.

Ordinance 302, by Mr. Long, of Walker:

To amend Section 12 of Article V of the Constitution of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 303, by Mr. Miller, of Wilcox:

Amendment of Article VIII, Constitution of 1875.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 304, by Mr. Moody:

To regulate primary elections in the State of Alabama.

The ordinance was referred to the Committee on Amendment of Constitution and Miscellaneous Provisions.

Ordinance 305, by Mr. Mulkey:

To amend Section 1 of Article X of the Constitution of Alabama.

The ordinance was referred to the Committee on Judiciary.

Ordinance 306, by Mr. Mulkey:

To amend Section 7 of Article X of the Constitution of Alabama.

The ordinance was referred to the Committee on Exemptions.

Ordinance 307, by Mr. Murphree:

To amend Section 7 of Article I of the Constitution


193

CONSTITUTIONAL CONVENTION.

of Alabama. To provide for the speedy trial of prisoners.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 308, by Mr. Murphree:

To prevent the collection of more than the legal rate of interest, by means of commissions, premiums, or other devices of like nature.

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance 309, by Mr. Pillans:

Relating to the qualifications for the exercise of the Suffrage, (Article VIII, Constitution.)

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 310, by Mr. J. W. A. Sanford:

To constitute the Governor, Secretary of State, Auditor and Treasurer Railroad Commissioners.

The ordinance was referred to the Committee on Corporations.

Ordinance 311, by Mr. J. W. A. Sanford:

To change the area of the counties by amending Section 2 of Article II of the Constitution.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 312, by Mr. Mac A. Smith, of Autauga:

To amend Section 2 of Article XVII of the Constitution of the State of Alabama.

The ordinance was referred to the Committee on Amendments to the Constitution and Miscellaneous Provisions.

Ordinance 313, by Mr. Watts, of Montgomery:

To amend Section 7 of Article XI.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 314, by Mr. Watts:

To amend Section 4 of Article XI.

The ordinance was referred to the Committee on Taxation.

Ordinance 315, by Mr. Watts:


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JOURNAL OF ALABAMA

To amend Sections l, 2 and 7 of Article X, and to add a section to said article.

The ordinance was referred to the Committee on Exemptions.

Ordinance 316, by Mr. Watts:

To add an independent section to the Constitution of Alabama.

The ordinance was referred to the Committee on Judiciary.

Ordinance 317, by Mr. Watts:

To add an independent section to the Constitution of Alabama, relating to corporations.

The ordinance was referred to the Committee on Corporations.

Ordinance 318, by Mr. Watts:

To add a section to Article VI, and amend Section 25 of Article VI.

The ordinance was referred to the Committee on Judiciary.

Ordinance 319, by Mr. Weakley.

Relating to the construction of street railways, gas, water, steam or hot water heating, telephone, telegraph, electric light or power plant, in or on the streets, avenues or alleys of towns or cities.

The ordinance was referred to the Committee on Municipal Corporations.

REPORT OF STANDING COMMITTEES.

The chairman of the several committees reported favorably the following ordinances, which were severally read a second time at length, and placed on the calendar, and 300 copies of each ordered printed:

By Mr. Weakley, chairman of the Committee on Corporations:

Resolution 23 (with substitute):

In reference to rate of taxation, State and County and the issuance of bonds by counties and municipalities.

Ordinance 183 (with substitute):

To regulate the organization and classification of cities and towns.


195

CONSTITUTIONAL CONVENTION.

Ordinance 186 (with substitute):

To provide for the organization, classification and government of villages, towns and cities in Alabama.

The following was offered as a substitute for both of the foregoing ordinances 183 and 186, relating to the organization and classification of cities:

Ordinance to regulate the organization and classification of cities and towns.

The Committee on Municipal Corporations reported adversely ordinance No. 78.

Ordinance No. 78:

To regulate the granting of franchises by municipal corporations.

Mr. Brooks moved to table the ordinance, which motion prevailed.

SCHEDULE, PRINTING AND INCIDENTAL EXPENSES.

Mr. Heflin, of Randolph, chairman of the Committee, reported favorably the resolution No. 25.

Resolution 25:

Resolved, That the Secretary of this Convention be and he is hereby instructed to preserve five (5) copies of the printed stenographic report of the proceedings of this Convention, and when said report is completed, cause the same to be bound and deposited in the office of the Secretary of State.

June 5th, 1901, reported favorably by Committee on Schedules, Printing and Incidental Expenses. R. 2, Cal. Which was read at length a second time and placed on the calendar.

ADJOURNMENT.

The hour of 1 o’clock p. m. having arrived, under the rules the Constitutional Convention adjourned until 10 o’clock to-morrow.


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JOURNAL OF ALABAMA

THIRTEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Thursday, June 6, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Provence of the city.

ROLL CALL.

On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Cunningham,

Almon,

Davis (DeKalb),

Altman,

Davis (Etowah),

Banks,

deGraffenried,

Barefield,

Duke,

Bartlett,

Eley,

Beavers,

Eyster,

Beddow,

Espy,

Bethune,

Ferguson,

Blackwell,

Fitts,

Boone,

Fletcher,

Brooks,

Foshee,

Burnett,

Foster,

Burns,

Freeman,

Byars,

Gilmore,

Cardon,

Glover,

Carmichael (Colbert),

Graham (Montgomery),

Carmichael (Coffee),

Graham (Talladega),

Carnathon,

Grant,

Case,

Grayson,

Chapman,

Greer (Calhoun),

Cofer,

Greer (Perry),

Coleman (Greens),

Haley,

Coleman (Walker),

Handley,

Cornwell,

Harrison,

Craig,

Heflin (Chambers),


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CONSTITUTIONAL CONVENTION.

Heflin (Randolph),

Pettus,

Henderson,

Phillips,

Hinson,

Pillans,

Hodges,

Pitts,

Hood,

Porter,

Howze,

Proctor,

Inge,

Reese,

Jackson,

Renfro,

Jenkins,

Reynolds (Chilton),

Jones (Bibb),

Reynolds (Henry),

Jones (Hale),

Robinson,

Jones (Montgomery),

Rogers (Lowndes),

Jones (Wilcox),

Rogers (Sumter),

Kirk,

Samford,

Kirkland,

Sanders,

Knight,

Sanford,

Kyle,

Searcy,

Ledbetter,

Selheimer,

Leigh,

Sloan,

Locklin,

Smith (Mobile),

Lowe (Lawrence),

Smith, Mac. A ,

Macdonald,

Smith, Morgan M.,

McMillan (Baldwin),

Sollie,

McMillan (Wilcox),

Spears,

Malone,

Spragins,

Martin,

Stewart,

Maxwell,

Studdard,

Merrill,

Tayloe,

Miller (Marengo),

Thompson,

Miller (Wilcox),

Vaughan,

Moody,

Waddell,

Mulkey,

Walker,

Murphree,

Watts,

NeSmith,

Weatherly,

Norman,

White,

Norwood,

Whiteside,

Oates,

Willett,

Opp,

Williams (Barbour),

O’Rear,

Williams (Marengo),

Palmer,

Williams (Elmore),

Parker (Cullman),

Wilson (Clarke),

Parker (Elmore),

Wilson (Washington).

Pearce,

Winn-138


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LEAVE OF ABSENCE.

Was granted to Messrs. Williams, of Elmore, for to-day; Bulger, for to-day; O’ Neal , of Lauderdale, for to-day; Byars, indefinitely; Smith, Mac. A., for to-morrow; Davis, of DeKalb, for to-morrow and Saturday; Long, of Walker, indefinitely; Lomax, for to-day; Locklin, for to-day.

COMMITTEE GRANTED LEAVE TO SIT DURING SESSION.

On motion of Mr. White, the Committee on Suffrage and Elections were granted leave to sit during the session of to-day.

SUSPENSION OF THE RULES.

Mr. DeGraffenreid moved that the rules be suspended in order that he could make a motion to postpone the consideration of the ordinances and resolutions reported from the Committee on Municipal Corporations, and now upon the calendar.

Mr. Samford moved as a substitute for the motion of Mr. DeGraffenreid that the rules he suspended and that the further consideration of the ordinances and resolutions reported from that Committee on Municipal Corporations, and now upon that calendar, be postponed until the Committee on Municipal Corporations shall have reported a full and complete article touching said subject.

Mr. DeGraffenreid accepted the substitute for his motion.

The rules were suspended, and the motion of Mr. Samford prevailed.

STENOGRAPHIC REPORT.

Mr. Robinson called the attention of the Convention to the fact that ordinance No. 78, An ordinance to regulate the granting of franchises by municipal corporations.

Be it ordained by the people of Alabama in Convention assembled, that no municipal corporation shall


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grant an exclusive franchise to an individual or private corporation unless an election be held under the laws regulating municipal elections, and a majority of the qualified voters voting at such election vote for the granting of such franchise, which was reported adversely on yesterday by the Committee on Municipal Corporations, and the action of the Convention in tabling the same, did not appear in the stenographic report of the proceedings of yesterday, the twelfth day.

The President ordered the report corrected accordingly.

REPORT OF COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the twelfth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

QUESTION OF PRIVILEGE.

Mr. Sloan arose to a question of personal privilege, and stated that his post office address as shown in the records of this Convention was incorrect in that it gave his post office address at Sloan, when it should be Oneonta.

The President ordered the necessary correction made.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows:

Resolution 123, by Mr. Foster:

Whereas, This Convention has now been in session two weeks, and a great many ordinances have been intro-


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duced and referred to the several committees, and

Whereas, the ordinances heretofore introduced relate to the amending of only a few of the provisions of the present Constitution, thus manifesting the desire of the delegates to retain intact most of the provisions of the present Convention, and

Whereas, longer and more frequent sessions of the several committees are necessary to expedite the work of this Convention; therefore, be it

Resolved, First-That after the 10th day of June inst. no ordinances proposing amendments to the present Constitution, or additions thereto, shall be introduced before the Convention.

Second-That when the Convention adjourns on the l0th inst. it recess for one week.

Third-That the several standing committees shall, during such recess, hold daily session, and shall on the first day of the meeting of the Convention after such recess, report back to the Convention, for its action, articles or chapters, for the proposed new Constitution which relate to or affect the subjects indicated by the titles of the respective committees.

Fourth-That such articles or chapters so reported shall be typewritten and in a completed or entire form, and subdivided into sections, such sections being consecutively numbered, after the manner of the present Constitution.

Fifth-That nothing herein contained shall be construed so as to prevent any delegate from proposing amendments to the reports of the several committees.

The resolution was referred to the Committee on Rules.

Resolution No. 124, by Mr. Sanders:

Resolved, That hereafter all requests for leaves of absence shall be in writing, and laid upon the President’s desk each morning before the assembling of the Convention. The President shall announce the names of those for whom leave of absence is sought, and if there is no objection, leaves shall be granted. Said request may be proffered by any member for other members.


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CONSTITUTIONAL CONVENTION.

The resolution was referred to the Committee on Rules.

Mr. Sanders moved that the rules be suspended and that the resolution be adopted.

The motion was lost, and the resolution was referred to the Committee on Rules.

Resolution 125, by Mr. Jackson:

Resolved, That all ordinances or resolutions referred to the Committee on Rules and reported back to this Convention without action thereon by said committee, shall be placed upon the calendar, to be called up in their regular order.

The resolution was referred to the Committee on Rules.

Resolution No. 126, by Mr. Kirk:

Relating to the formation of new counties.

Resolved, That in the Constitution to be framed by this Convention, it shall be provided that no new county shall be formed of less extent than six hundred square miles, as now provided by the Constitution of 1875.

The resolution was referred to the Committee on State and County Boundaries.

Resolution 127, by Mr. Mac. A. Smith, of Autauga:

Resolved, That whenever a committee has voted adversely to an ordinance, resolution, petition or memorial which has been referred for its consideration, such adverse action need not be reported by the Committee to the Convention unless the same be called for by a vote of one-fifth of the members present, when such ordinance, resolution, petition or memorial shall then be reported by the Committee, with its adverse action thereon, and the same shall be placed on the calendar and come up, in regular order, for consideration by the Committee.

The resolution was referred to the Committee on Rules.

Resolution 128, by Mr. Williams, of Elmore:

To base representation in the General Assembly of Alabama upon the voting population of the various counties of the State.


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Be it resolved by this Convention, That all representation in the General Assembly of Alabama shall be fixed by this Convention and be based upon the voting population of the several respective counties of the State.

The resolution was referred to the Committee on Representation.

Resolution 129, by Mr. Oates:

Resolved, That the Committee on Legislative Department be authorized to employ a clerk for so long as said committee may need his services.

Mr. Brooks moved that the rules be suspended and the resolution be adopted.

The motion prevailed, and the rules were suspended and the resolution was adopted.

Resolution 130, by Mr. Carmichael, of Colbert:

Resolved, That hereafter the committee of the Convention shall not report to the Convention ordinances and resolutions which have been adversely acted upon; provided, any member of the Convention may on any day immediately after the report of the committee to which an ordinance has been referred and adversely acted upon, move to recall said ordinance from said committee, and said ordinance may, upon a majority vote of the Convention, be placed upon the calendar for consideration by the Convention; provided, this resolution shall not apply to the Committee on Rules.

The resolution was referred to the Committee on Rules.

POINT OF ORDER.

Mr. Cofer raised the point of order that no quorum had voted on the motion of Mr. Brooks to suspend the rules and adopt resolution 129.

Mr. Heflin raised the point of order that Mr. Cofer was out of order, in that his (Cofer’s) motion came too late, other business having intervened.

The point of order of Mr. Heflin was sustained.


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ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 320, by Mr. Banks:

Providing for the collection of taxes.

The ordinance was referred to the Committee on Executive Department.

Ordinance 321, by Mr. Espy:

To amend Section 1 of Article VI of the Constitution.

The ordinance was referred to the Committee on Judiciary.

Ordinance 322, by Mr. Foshee:

Providing that the representation be based on the white population only.

The ordinance was referred to the Committee on Representation.

Ordinance 323, by Mr. Grayson:

To repeal Section 8 of Article XI of the Constitution.

The ordinance was referred to the Committee on Taxation.

Ordinance 324, by Mr. Harrison:

To amend Section 21 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 325, by Mr. Heflin, of Randolph:

To amend Section 3, 5, and 6, of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 326, by Mr. Miller, of Wilcox:

To provide for the election of County Superintendent of Education, and the County Board of Education, and to define their duties.

The ordinance was referred to the Committee on Education.

Ordinance 327, by Mr. Pearce:

That after the adoption of this Constitution no person learned in the law shall be eligible to hold any office under the State except of a judicial nature.


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The ordinance was referred to the Committee on Judiciary.

Ordinance 328, by Mr. W. H. Samford:

To amend Section 21, Article I of the Constitution.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 329, by Mr. J. W. A. Sanford:

To strike out Section 35 from the Declaration of Rights.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 330, by Mr. Watts:

To require the General Assembly to enlarge the State Capitol grounds.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 331, by Mr. Williams, of Marengo:

To regulate the conveying of homesteads by executors contract.

The ordinance was referred to the Committee on Exemptions.

REPORT OF STANDING COMMITTEES.

The several standing committees were called for report, but none were submitted.

ADJOURNMENT.

On motion of Mr. Waddell, the Convention adjourned until to-morrow morning at 10 o’clock a.m.

FOURTEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Friday, June 7, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Elliott of the city.


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ROLL CALL.

On a call of the roll of the Convention, the following delegates answered to their name’s, which constituted a quorum:

Messrs. President,

Fitts

Almon,

Fletcher,

Altman,

Foshee,

Ashcraft,

Foster,

Banks,

Gilmore,

Barefield,

Glover,

Bartlett,

Graham (Montgomery),

Beavers,

Graham (Talladega),

Beddow,

Grant,

Bethune,

Grayson,

Blackwell,

Greer (Calhoun),

Boone,

Greer (Perry),

Brooks,

Haley,

Browne,

Handley,

Burnett,

Harrison,

Burns,

Heflin (Chambers),

Cardon,

Heflin (Randolph),

Carmichael (Colbert),

Henderson,

Carmichael (Coffee),

Hodges,

Case,

Hood,

Chapman,

Howell,

Cobb,

Howze,

Cofer,

Inge,

Coleman (Greene),

Jackson,

Coleman (Walker),

Jenkins,

Cornwell,

Jones (Bibb),

Craig,

Jones (Hale),

Cunningham,

Jones (Wilcox),

Davis (Etowah),

Kirk,

deGraffenried,

Kirkland,

Duke,

Knight,

Eley,

Kyle,

Eyster,

Ledbetter,

Espy,

Leigh,

Ferguson,

Locklin,

Lomax,


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Long (Butler),  Reynolds (Chilton),

Lowe (Jefferson), Reynolds (Henry),

Lowe (Lawrence), Robinson,

Macdonald, Rogers (Lowndes),

McMillan (Baldwin). Rogers (Sumter),

McMillan (Wilcox), Sanders,

Malone, Sanford,

Martin, Searcy,

Maxwell, Selheimer,

Merrill, Sentell,

Miller (Marengo), Sloan,

Miller (Wilcox), Smith (Mobile),

Moody, Smith, Morgan M,

Mulkey, Sollie,

Murphree, Sorrell,

NeSmith, Spears,

Norman, Spragins,

Norwood, Stewart,

Oates, Studdard,

O’Neal (Jefferson), Tayloe,

O’Neal (Lauderdale) Thompson,

Opp, Vaughan,

O’Rear, Waddell,

Palmer, Walker,

Parker (Cullman), Weakley,

Parker (Elmore), Weatherly,

Pearce, White,

Pettus,  Whiteside,

Phillips, Willett,

Pillans, Williams (Barbour),

Pitts, Williams (Marengo),

Porter, Williams (Elmore),

Proctor, Wilson (Clarke),

Reese, Wilson (Washington),

Renfro, Winn-141.

LEAVE OF ABSENCE

Was granted to Messrs. Carnathon, indefinitely; Norwood, for to-morrow; Freeman, until Tuesday; Bethune, for to-morrow; Martin, for to-morrow; Bartlett, for to-


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morrow and Monday; Ledbetter, for to-day and to-morrow; Smith, M. M., of Autauga, to-morrow and Monday; Burnett, for to-morrow; Kirkland, for to-morrow and Monday; Bulger, for to-day; Renfroe, for to-morrow; Palmer, for to-morrow and Monday; Sentell, indefinitely; Vaughan, for to-morrow; Cobb, for yesterday; Howell, for yesterday; Leigh, for to-morrow; Heflin, of Randolph, for to-morrow; Craig, for to-morrow and Monday.

COMMITTEE GRANTED LEAVE TO SIT DURING SESSION.

On motion of Mr. Coleman, of Greene, the Committee on Suffrage and Elections was granted leave to sit during to-day’s session.

MOTION TO ADJOURN.

Mr. Renfro moved that when the Convention adjourn to-day that it adjourn until 12 o’clock on Monday.

The motion was lost.

REPORT OF COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the thirteenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

REPORT OF COMMITTEE ON RULES.

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, submitted the following report:

The Committee on Rules begs leave to report that it has had under consideration the resolutions hereinafter mentioned, and begs to report thereon as follows:

The committee reports back to the Convention resolution number 114, introduced by Mr. Sanford, of Mont-


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gomery, without recommendation on its part, for the action of the Convention.

The committee herewith returns to the Convention the resolution hereinabove mentioned.

Mr. Sanford moved that the resolution, 114, be adopted by the Convention.

The motion was lost.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows:

Resolution 131, by Mr. Burns:

Resolved first, That the Committee on Judiciary be requested to frame an ordinance that will prohibit Justices of the Peace trying or finally disposing of criminal cases wherein they are entitled to fees or costs, to define their jurisdiction, as to territory and misdemeanors.

Resolved second, That it is the sense of this Convention that no judicial officer should ever be interested in the termination or result of any case, criminal or civil, over which he may leave jurisdiction; and that he should be paid the sum of $3 for each criminal case brought before and legally disposed of by him, to be paid through the Probate Judge, of his county.

The resolution was referred to the Committee on Judiciary.

Resolution 132, by Mr. Carmichael, of Colbert:

Resolved, That the Committee on Order, Consistency and Harmony of the Constitution shall include in its report of the proposed Constitution all of the provisions of the present Constitution not amended, altered, changed or stricken out, as well as all amendments, changes and additions that may be made to the present Constitution.

The resolution was referred to the Committee on Rules.

Resolution 133, by Mr. Carmichael of Colbert:

Resolved, That the several standing committees shall not report to the Convention any ordinance unless the


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CONSTITUTIONAL CONVENTION.

same amends, changes, alters or adds to the present Constitution, or strikes out parts thereof, and when so reporting shall only report the section amended, changed or altered of the proposed addition.

The resolution was referred to the Committee on Rules.

Resolution 134, by Mr. Jones, of Montgomery:

Resolved, That the President express to Governor W. J. Samford the deep interest of the members of this Convention in his welfare, and their earnest wishes for his speedy restoration to health.

On motion of Mr. Jones, of Montgomery, the rules were suspended and the resolution was unanimously adopted by a rising vote.

Resolution 135, by Mr. Knight:

A resolution to abolish the offices of State and County Back Tax Commissioners:

Resolved, That the Constitution about to be framed shall contain a provision abolishing the offices of State and County Back Tax Commissioners.

The resolution was referred to the Committee on Executive Department.

Resolution 136, by Mr. Proctor:

Resolved, That on and after the passage of this resolution, all requests for leave of absence shall be reduced to writing, and sent to the Secretary’s desk by 12 o’clock of each day, and passed on by the Convention at that hour. And that no other requests for absence shall be considered at any other time.

The resolution was referred to the Committee on Rules.

Resolution 137, by Mr. Williams, of Elmore:

To provide for the distribution or disposal of the poll taxes collected under the suffrage clause adopted by this Convention.

Be it resolved, That if this Convention adopts the payment of a poll tax as a requisite qualification to suffrage, that said poll taxes shall be applied to the support of the public schools, in the counties in which such taxes are levied and collected.


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The resolution was referred to the Committee on Education.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 332, by Mr. Blackwell:

To amend Article VIII of the Constitution, regulating the right to vote by striking out the whole of said article.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 333, by Mr. Lomax, of Montgomery:

To amend the Constitution of Alabama by adding to Article IV a section.

The ordinance was referred to the Committee on Local Legislation.

Ordinance No. 334, by Mr. NeSmith, by request:

To amend Article VIII of the Constitution.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 335, by Mr. Porter:

To repeal Section 7 of Article X of the Constitution of Alabama.

The ordinance was referred to the Committee on Exemptions.

Ordinance 336, by Mr. Reynolds, of Chilton:

To regulate and control the employment of children in factories and other public works.

The ordinance was referred to the Committee on Corporations.

Ordinance 337, by Mr. Reynolds, of Chilton:

To amend Section 5 of Article VIII of the Constitution of the State of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 338, by Mr. Reynolds, of Chilton:

To amend Section 2 of Article VIII of the Constitution of Alabama.


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CONSTITUTIONAL CONVENTION.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 339, by Mr. Reynolds, of Chilton:

To amend Article VIII of the Constitution of the State of Alabama, by adding new sections 8 and 9.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 340, by Mr. J. W. A. Sanford:

To amend Section 31 of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 341, by Mr. M. M. Smith, of Autauga:

For the equitable distribution of the surplus moneys arising from the sale of fertilizer tags.

The ordinance was referred to the Committee on Legislative Department.

MEMORIALS.

The following memorial was offered by Mr. Pillans, of Mobile, by request, and the same was read at length and referred to the Committee on Suffrage and Elections:

Mr. President and Members of the Constitutional Convention, Montgomery:

Dear Sirs-Perhaps the most important matter to be considered by your august body is the question bearing on the civil and political rights of the negro.

Speaking as an ex-slave, a native of Alabama, with an experience as a public man covering a period of nearly thirty years, all of which time has been spent in the moral, educational and religious interests of my race, permit me to say, that every law-abiding, property holding, intelligent negro in Alabama, every one with a family, and contributes by his material wealth and worth to the common wealth and worth of our great State-is looking with abiding faith to your Convention, and hoping that in the framing of the organic law of Alabama, you will recognize the following facts:


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First-That the negro and the Southern white man, in the province of God, are here together, and here to stay.

Second-The interests of the two races are identical, and like the Union of the States, one and inseparable.

Third-The intelligent, law-abiding negro is a patriotic and loyal citizen of his State.

Fourth-The law-abiding negro has used well the privileges granted him in acquiring education, in accumulating property, in establishing himself in the confidence of his neighbors, and in elevating himself as a citizen.

Fifth-The intelligent and law-abiding negro in every community where he lives seeks to aid an approbation of his sympathetic and fair-minded white neighbor.

Sixth-The feeling of amity and mutual dependence between the better classes of the two races is growing stronger in every community where their interests merge into each other.

Seventh-The better class of colored people strongly desire to unite with the better class of white people on common grounds of the material and the economic advancement of our great and resourceful State.

Eighth-The intelligent negro, conscious of the liberality and partiality of the white tax payers of the State is grateful for the enormous expenditure of money upon the common schools of his race-a sum far exceeding the amount paid into the treasury by the tax payers of his own race. This of itself, by the law of gratitude, binds us to our white fellow citizens with ties which only the white Southern man himself can sever.

Ninth-Last, but not least, the better classes of the two races in the South are closer together now, and understand each other better than in any other period since the days of reconstruction.

Now, if you admit the above statement of facts, allow me to respectfully ask of your august body:

That you so frame your organic law on the suffrage and school questions that the intelligent, struggling, honest, law-abiding, patriotic negro citizen will be encouraged in his efforts to elevate himself to a standard


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worthy the name of Southern citizenship-a standard at once reflecting credit on himself and his great State.

By doing this you will not only justify the abiding faith of your Brother in Black, but your names will go down with honor to posterity, and in the ages to come, generations will rise up and call you blessed.

Respectfully submitted,

A. F. OWENS, Pastor, Etc.

Mobile, June 6th, 1901.

REPORTS OF STANDING COMMITTEES.

Mr. Jones, of Montgomery, chairman of the Committee on Executive Department, submitted the following report:

Mr. President:

The Committee on the Executive Department instructs me to report herewith an ordinance to take the place of the article in the present Constitution on the subject.

The committee has not deemed it necessary to report specially upon the several ordinances or resolutions referred to it. All of them have been maturely considered, and the principles of some have been incorporated in the article. The reading of the article as reported, will enable the Convention and the authors of the ordinances and resolutions referred to us to see how far their respective suggestions have been adopted. These ordinances and resolutions are herewith respectfully returned.

The material changes reported are as follows:

The office of Lieutenant Governor is created. The name of the office of Commissioner of Agriculture is changed to that of Commissioner of Agriculture and Industries, and both are made officers of the Executive Department. The terms of the officers of the Executive Department elected hereafter are lengthened from two to four years. The Lieutenant Governor, the Commissioner of Agriculture and Industries, and the Superintendent of Education are included among the officers, the returns of whose election are required to be directed


214

JOURNAL OF ALABAMA

to the Speaker. To remove uncertainty as to the Speaker’s powers and duties under Section 4, in counting the votes, it is provided that his duties are ministerial, and his decisions subject to the control of the Joint Convention. The officers of the Executive Department, after the first election under the Constitution, are made ineligible to succeed themselves. The Governor is made ineligible to any office under this State within one year after the expiration of his term; and his acceptance of the office is a pledge to the people not to accept an election or appointment to the Senate of the United States during his term, or at any time within one year thereafter. The salary of the Governor is fixed at five thousand dollars per annum, to take effect on the adoption of the Constitution, and the article contains the usual limitations upon the legislative power to increase or diminish the compensation of the Executive Officers during their term.

Section 9 of the present article of the Constitution has been amended to provide for the ease of a refusal to give information when required by the Governor.

A Board of Pardons is created, to meet on the call of the Governor, which shall sit in public, before whom shall be laid all recommendations or petitions for commutations, pay rolls or pardons in cases of felony, which Board must advise with the governor; after which, or delay to act for more than sixty days, the Governor may act as to him seems best for the public interest. He is also required to report to the General Assembly, the opinions of the board of Pardons, as well as his own reasons, in all cases of felony, in which he acts favorably.

Section 13 of the present Constitution has been amended so as to authorize the two Houses, when the Governor vetoes a bill, to amend it to meet his objections, instead of passing it over his veto. The Governor is given ten days after final adjournment in which to approve bills, before him at that time. A recess of the General Assembly, as well as adjournment, excuses the Governor from returning a bill within six days, the time fixed in the article within which, if the General Assembly is in session, the Governor must return a bill, or it


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CONSTITUTIONAL CONVENTION.

will become a law. Section 14 provides the procedure in case of a veto of a part of an appropriation bill to remove doubt, heretofore existing, whether the organic bill shall be returned in such case.

Careful provision is made in Section 15, defining the order of succession when the Governor dies, resigns or is removed from office, and when he is impeached, or absent or under other disabilities; and specific provision is made for the contingency of the Governor-elect’s failure or refusal, or that of the Lieutenant Governor elect, to qualify, from any cause, and the succession defined in that event.

Section 16 is a new provision, to meet the contingency of the Governor or other officer administering the office of Governor, becoming of unsound mind, and provides for the ascertainment thereof. Similar provision is made with reference to the other officers of the Executive Department.

Section 20 is a new section, prohibiting the Governor from appointing any member of the General Assembly to office during the term for which the member shall have been elected.

A new section has been added, constituting the Governor, Lieutenant Governor and Attorney General a Board of Conciliation, with provision for the addition of two citizens in each case, if thought proper, for the adjustment of differences between employer and employee. The finding of the Board is to be advisory merely; unless both parties have agreed in writing, in advance, to perform the award, when it may be enforced by proceedings in the courts, under rules and regulations to be prescribed by law.

A new section has also been added allowing the Governor, Auditor and Treasurer, or the Governor and either of the other officers, when there is a surplus in the Treasury, not immediately needed, to loan it out on call, or for such time as they may deem advisable, taking bonds of the United States or of this State as collateral to the full amount loaned, with interest, and providing how such loan shall be made.


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JOURNAL OF ALABAMA.

The section regarding Sheriffs has been amended, to provide in substance: If a prisoner is taken from the custody of the law, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, and is put to death or suffers grievous bodily harm, the Sheriff may be impeached before the Supreme Court, and the Governor is authorized, after hearing, to suspend the Sheriff from office, until the impeachment proceedings are determined.

The committee refrains from discussing at this time the reasons for the changes reported; since the merits or demerits of the amendments will readily occur to the members, and be fully disclosed and discussed when the proposed article is passed upon by the Convention. Upon three of the amendments, the members of the committee are not all agreed; and as to these the dissenting members reserve liberty of action, without now making a final minority report.

THOMAS G. JONES, Chairman.

The undersigned member of the Committee on Executive Department does not concur in the report of the Committee as to Sections 7 and 27, and he offers as a substitute for Section 7 the following:

Sec. 7. The Governor, Lieutenant Governor, Secretary of State, State Auditor and Attorney General shall receive compensation for their services which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, and shall, except the Lieutenant Governor, reside at the State Capitol during the time they continue in office, except in cases of epidemic.

And he further recommends that Section 27 (which relates to the loaning of money in the State Treasury) as reported by said committee, be stricken out, and do not pass.

Respectfully submitted,

WATKINS M. VAUGHAN.

An ordinance to create and define the Executive Department.


217

CONSTITUTIONAL CONVENTION.

Be it ordained by the people of Alabama, in Convention assembled, that Article V of the Constitution be stricken out, and the following article inserted in lieu thereof:

ARTICLE V.

EXECUTIVE DEPARTMENT.

Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, Commissioner of Agriculture and Industries, and a Sheriff for each county.

Sec. 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Alabama.

Sec. 3. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Auditor, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be elected every four years by the qualified electors of this State, at the same time and places appointed for the election of members of the General Assembly.

Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of government, and directed to the Speaker of the House of Representatives, who shall during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly in joint convention; but the Speaker’s duty shall be purely ministerial, in this respect and any objection to any return on account of informality, defect or other cause, shall be decided by the Speaker, subject to the control of the majority of the joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more persons


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shall have an equal and highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

Sec. 5. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education, and Commissioner of Agriculture and Industries shall hold their respective offices for the term of four years from the first day of December of the year in which they shall have been elected, and until their successors shall be elected and qualified, and after the first election under this Constitution neither of them shall be eligible as his own successor; and the Governor shall not be eligible to election to any office under this State within one year after the expiration of his term; and his acceptance of the office of Governor shall be a pledge to the people not to accept an election or appointment to the Senate of the United States at any time during his term, or within one year thereafter.

Sec. 6. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President pro tem from among its own members, who shall discharge the duties of the Lieutenant Governor in the Senate, whenever he is absent or disqualified.

Sec. 7. The Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for


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which they have been elected, and with the exception of the Lieutenant Governor, shall reside at the Capital. After the adoption of this Constitution, the compensation of the Governor shall be five thousand dollars per annum, which shall not be thereafter increased or diminished during the term for which he shall have been elected.

Sec. 8. The Governor shall take care that the laws be faithfully executed.

Sec. 9. The Governor may require information in writing, under oath, from the officers of the Executive Department named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the condition, management, and expenses of their respective offices and institutions. Any such officer or manager who makes a willfully false report, or fails without sufficient excuse to make such report when demanded, is guilty of an impeachable offense.

Sec. 10. The Governor may, by proclamation on extraordinary occasions, convene the General Assembly at the seat of government, or, at a different place, if since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infectious or contagious disease; he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.

Sec. 11. The Governor shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient; and at the commencement of each regular session of the General Assembly, and at the close of his term of office, give information by written message, of the condition of the State; and he shall account to the General Assembly, as may be prescribed by law, for all moneys received and paid out by him, or by his order; and, at the commencement of each regular session, he shall present to the


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General Assembly estimates of the amount of money required to be raised by taxation for all purposes.

Sec. 12. The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commutations of sentence and pardons. The Attorney General, Secretary of State and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions, for pardon or commutations or paroles, in cases of felony; and the Board shall hear them in open session, and give their opinion in writing, to the Governor thereon, after which or on the board’s failure to advise for more than sixty days, the Governor may grant or refuse the commutation, parole or pardon, as to him seems best for the public interest. He shall communicate to the General Assembly at each session, each case of reprieve, commutation, parole, or pardon, with his reasons therefore, and the opinion of the Board of Pardons in each case required to be referred; stating the name, the crime of the convict, the sentence, its date, and the date of reprieve, commutation, parole or pardon. Pardons in cases of felony and other offenses involving the crimenfalsi, shall not relieve from civil and political disabilities, unless specifically expressed in the pardon.

Sec. 13. Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large upon the Journal, and proceed to reconsider it. If the Governor’s message proposes amendment which would remove his objections, the House to which it is sent may so amend the bill, and send it with the Governor’s message to the other House, which may adopt, but cannot amend said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor, and acted on by him as on other bills. If the House to which the bill is returned refuses to make such amendment, it shall proceed


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to reconsider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number of that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall proceed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every case, the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the Journals of each House respectively. If any bill shall not be returned by the Governor, Sundays excepted, within six days after it shall have been presented, the same shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjournment or recess, prevent its return, in which case it shall not be a law; but bills presented to the Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final adjournment, if approved by the Governor at any time within ten days after the final adjournment, if approved and deposited with the Secretary of State within that time. Every vote, order or resolution to which concurrence of both Houses may be necessary, except questions of adjournment, and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor; and before the same shall take effect, be approved by him; or, being disapproved, shall be repassed by both Houses, according to the rules and limitations prescribed in the case of a bill.

Sec. 14. The Governor shall have power to approve or disapprove any item or items of any bill making appropriations embracing distinct items, and the part or parts of the bill approved shall be the law; and the item or items disapproved shall be void, unless repassed, according to the rules and limitations prescribed for the passage of other bills over the Executive veto; and he


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shall in writing, state specifically the item or items he disapproves, setting the same out in haec verba, in his message; but in such case, the enrolled bill shall not be returned with the Governor’s objection.

Sec. 15. In case of the Governor’s removal from office, death or resignation, the Lieutenant Governor shall become Governor. If both the Governor and Lieutenant Governor are removed from office, die or resign, prior to the next general election, thereafter, for members of the General Assembly, the Governor and Lieutenant Governor shall be elected at such election for the unexpired term. In case of the impeachment of the Governor, his absence from the State, unsoundness of mind, or other disability, the power and authority of the office shall devolve, in the order herein named, upon the Lieutenant Governor, President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, State Auditor, Secretary of State, and State Treasurer; if any of these officers be under any of the disabilities herein specified, the office of Governor shall be administered in the order named by these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or relieved from other disability. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor, who shall enter upon the duties of the Governor, if both the Governor and Lieutenant Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President pro tem of the Senate, who shall enter upon the duties of the Governor, and so on in case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Governor, until the governor or other officers entitled to administer the office in succession to the Governor, returns. If the Governor-elect fails or refuses from any cause, to qualify, the Lieutenant-elect shall qualify, and exercise the duties of the Governor’s office until the Governor-elect qualifies; and in event both the Governor-elect and Lieutenant Governor-elect, from any cause, fail to qualify, the President pro tem of the Senate, the


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Speaker of the House of Representatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, administer the government until the Governor or Lieutenant Governor-elect qualifies.

Sec. 16. If the governor or other officer administering the office, shall become of unsound mind, it shall be the duty of the Supreme Court of Alabama, upon request in writing of any two of the officers named in Section 15, not next in succession to the Governor, to ascertain the mental condition of the Governor, or other officer exercising the office, and if he is of unsound mind, to so certify upon its minutes; a copy of which, duly certified, shall be filed in the office of the Secretary of State; and in that event, it shall be the duty of the officer next in succession, to perform the duties of the Governor, until the Governor or other officer exercising the office is restored to his mind.

Sec. 17. The Lieutenant Governor, the President pro-tem of the Senate, and the Speaker of the House of Representatives, shall receive during the time they respectively administer the government, like compensation as that fixed for the Governor; provided, if the General Assembly shall be in session during the time such officer may administer the office of Governor, they shall receive no compensation as officers or members of the General Assembly.

Sec. 18. No person shall at one and the same time hold the office of Governor of this State and any office, civil or military, either under this State or the United States, or any other State or government, except as otherwise provided in this Constitution.

Sec. 19. The Governor shall be commander-in-chief of the militia and volunteer forces of this State, except when they shall be called into the service of the United States; and he may call out the same to execute the laws, suppress insurrection, and repel invasion; but need not command in person unless directed to do so by resolution of the General Assembly, and when acting in the service of the United States, he shall appoint his staff and the General Assembly shall fix his rank.


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Sec. 20. The Governor shall not appoint any member of the General Assembly, during the term for which he shall have been elected, to any office.

Sec. 21. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, Superintendent of Education, Attorney General, or Commissioner of Agriculture and Industries, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years old when elected.

Sec. 22. There shall be a Great Seal of State, which shall be used officially by the Governor, and the Seal now in use shall continue to be used until another shall have been adopted by the General Assembly. Said Seal shall be called the Great Seal of the State of Alabama.

Sec. 23. The Secretary of State shall be the custodian of the Seal of the State, and shall authenticate therewith all official acts of the Governor; his approval of laws, resolution, appointments to office and administrative orders, excepted. He shall keep a register of the official acts of the Governor, and when necessary, shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either House of the General Assembly, when required to do so, and shall perform such other duties as may be prescribed by law.

Sec. 24. All grants and commissions shall be issued in the name and by the authority of the State of Alabama., sealed with the Great Seal and signed by the Governor, and countersigned by the Secretary of State.

Sec. 25. Should the office of Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education or Commissioner of Agriculture and Industries become vacant, for any cause, the Governor shall fill such vacancy until the disability is removed or a successor elected and qualified. In case any of said officers shall become of unsound mind, such unsoundness shall he ascertained by the Supreme Court upon the suggestion of the Governor.

See. 26. The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation,


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for the adjustment of differences between employer and employees engaged in mining, manufacturing, transportation, or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or of some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to be done to adjust the disputes or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be enforced by appropriate proceedings in the courts, under such rules and regulations as may be prescribed by law. The Board shall have power to compel the production of papers and the attendance of witnesses in matters germane to the dispute or difference, under such rules and regulations as may be provided by law.

Sec. 27. The Governor, Auditor and Treasurer, or the Governor and either the Auditor or Treasurer, when there are funds in the Treasury not immediately needed, may loan out the same on call, for such time and at such rate of interest, as they may deem advisable, taking as collateral, bonds of the United States, or of this State, to the full amount loaned, and the interest agreed to be paid therefore; such loans shall not be made until after one week’s public notice, through some paper published at the Capital, and a record of such loans shall be kept in the office of the Auditor, and reported by the Governor to the General Assembly at its next meeting.

Sec. 28. The State Treasurer, State Auditor, Attorney General, and the Commissioner of Agriculture and Industries shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall, every year, at a time the General Assembly may fix, make a full and complete report to the Governor, showing the receipts and disbursements of revenues of every character, and all claims audited and paid out by items, and all taxes and revenues collected and paid into


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the Treasury, and from what sources; and they shall make reports oftener upon any matters pertaining to their office if required by the Governor or General Assembly.

Sec. 29. The State Auditor, State Treasurer, Attorney General, Secretary of State, and Commissioner of Agriculture and Industries shall not receive to their use, any fees, costs, perquisites of office, or other compensation than their salaries, as prescribed by law, and all fees that may be payable for any services performed, through such officers, shall be at once paid into the State Treasury.

Sec. 30. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for a term of four years, unless sooner removed, and shall be ineligible to such office as his own successor. Whenever any prisoner is taken from the jail or from the custody of the Sheriff or his deputy, and put to death or suffers grievous bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, such Sheriff may be impeached under Section 2 of Article VII of the Constitution; and the Governor, when satisfied, after hearing the Sheriff, that he should be impeached, may suspend him from office for such time as he may think proper, until the impeachment proceedings are finally disposed of.

Mr. Jones, of Montgomery, moved that the reading of the ordinance above set out be dispensed with. The motion was lost.

Mr. Rogers, of Sumter, asked unanimous consent that the reading of the ordinance be dispensed with. An objection was interposed.

The ordinance was read at length a second time, and placed on the calendar.

Mr. Brooks moved that the Secretary be instructed to have the report of the Committee printed and placed on the desks of each delegate, and that the further consideration of the ordinance be postponed until Tuesday.


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Mr. Jones, of Montgomery, moved that the rules be suspended in order that he could make a motion to have the report and ordinance laid upon the table, and that 300 copies be ordered printed.

The Chair held that the motion of Messrs. Brooks and Jones, of Montgomery, were not necessary, as the rules of the Convention provided for that which the motions sought to accomplish.

Mr. Brooks moved that only the majority and minority reports of the Committee be printed. The motion was lost.

Mr. Jones, of Montgomery, moved that the report of the Committee and the ordinance submitted by the Committee be printed in full. The motion prevailed.

ADJOURNMENT

On motion of Mr. Brooks, the Convention adjourned until 10 o’clock to-morrow morning.

_______

FIFTEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Saturday, June 8, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Howell, of the Convention.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:


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Messrs. President, Hinson,

Almon, Hodges,

Altman, Hood,

Ashcraft, Howell,

Banks, Inge,

Barefield, Jackson,

Bartlett, Jenkins,

Beavers, Jones (Bibb),

Beddow, Jones (Montgomery),

Blackwell, Jones (Wilcox),

Boone, Kirk,

Brooks, Knight,

Browne, Kyle,

Burns, Locklin,

Cardon, Lomax,

Carmichael (Colbert),

Lowe (Jefferson),

Case, Lowe (Lawrence),

Chapman, Macdonald,

Cobb, McMillan (Baldwin),

Coleman (Greene),

McMillan (Wilcox),

Cunningham,

Malone,

Davis (Etowah),

Maxwell, deGraffenried,

Merrill,Duke,

Miller (Marengo),

Eley, Miller (Wilcox),

Eyster, Mulkey,

Ferguson, Murphree,

Fletcher, NeSmith,

Foster, Norman,

Glover, Oates,

Graham (Montgomery),

O’Neal (Lauderdale),

Graham (Talladega),

O’Neal (Jefferson),

Grant, Opp,

Grayson,

O’Rear,

Greer (Calhoun ),

Parker (Cullman),

Greer (Perry),

Parker (Elmore),

Haley, Pearce,

Handley, Pettus,

Harrison, Phillips,

Heflin (Chambers), Pillans,

Henderson, Pitts,


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Porter, Tayloe,

Proctor, Thompson,

Reynolds (Henry),

Waddell,

Robinson,  Walker,

Rogers (Lowndes), Watts,

Rogers (Sumter),

Weakley,

Sanders, Weatherly,

Sanford,

White,

Searcy,

Whiteside,

Selheimer, Willett,

Sloan,

Williams (Barbour),

Smith (Mobile),

Williams (Marengo),

Smith, Mac. A.,

Williams (Elmore),

Sollie,

Wilson (Clarke),

Spears,

Wilson (Washington),

Spragins,

Winn,

Stewart,

REPORT OF COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the fourteenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the Committee was concurred in.

LEAVE OF ABSENCE.

Was granted to Messrs. Tayloe, for Monday and Tuesday; Reynolds, of Chilton, for to-day; Reese, for to-day; Cunningham, for Monday; Samford, for yesterday and to-day; Howze, for to-day; Cornwell, for to-day and Monday; Jones, of Hale, for to-day; Sanders, for Monday; Fitts, for to-day; Coleman, of Walker, for to-day; Espy, for to-day; Sollie, for Monday ; Long, of Butler, for to-day; Bulger, for to-day; Carmichael, of Coffee, for to-day; Gilmore, for to-day.


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Mr. Fletcher gave notice that he would object to any further leaves of absence being granted.

MOTION FIXING HOUR OF ADJOURNMENT.

Mr. Jackson moved that when the Convention adjourn to-day, that it adjourn until 12 o’clock m. on Monday.

The motion prevailed.

COMMITTEE GRANTED LEAVE TO SIT DURING SESSION.

On motion of Mr. Coleman, of Greene, the Committee on Suffrage and Elections were granted leave to sit during the session to-day.

STENOGRAPHIC REPORT.

Mr. Blackwell called the attention of the Convention to certain errors in the stenographic report of the proceedings of yesterday, in regard to ordinance number 332, introduced by him.

The report was ordered corrected.

RECOMMITTAL OF ORDINANCES.

Mr. Weakley, chairman of the Committee on Municipal Corporations, returned to the Convention ordinance 187.

Ordinance 187:

An ordinance to permit municipalities in the State of Alabama having more than 2,000 inhabitants to establish Municipal Courts.

And requested that said ordinance be referred to the Committee on Judiciary.

The ordinance, 187, was referred to the Committee on Judiciary.

RESOLUTION ON FIRST READING.

The following resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Resolution 138, by Mr. Pettus:


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Whereas, The State debt may be refunded at a much lower rate of interest than the State now pays when it falls due; and, whereas, the increased valuation of property in the State may reasonably be expected to bring increased revenue to the State;

Therefore, be it Resolved, That it is the sense of this Convention that the State tax limit be reduced, and the Committee on Finance and Taxation is hereby requested to report on ordinance reducing the constitutional tax limit for the State to such rate as to the committee seems for the best interest of the State.

The resolution was referred to the Committee on Taxation.

Resolution 139, by Mr. Burns:

That the additional expense of printing may be saved by leaving off the explanatory notes and publishing only the ordinances or resolutions reported by committees, as agreed upon.

And that no expense for printing or other purposes be incurred except ordered by a majority of the Convention on a call of the roll.

The resolution was referred to the Committee on Schedules, Printing and Incidental Expenses.

Resolution 140, by Mr. Williams, of Elmore:

That no poll tax or other privilege tax be required of any voter in this State.

Be it resolved, That no poll tax or other privilege tax be required of any voter in this State, and that all qualifications for voters be determined and concluded by board of precinct registrars, and such other qualifications as may be fixed by this Convention.

The resolution was referred to the Committee on Suffrage and Elections.

Resolution 141, by Mr. Wilson, of Clarke:

To amend subdivision 6 of Rule 22.

Resolved, That subdivision 6 of Rule 22 be amended so as to read as follows:

6. Call of the roll in alphabetical order for the introduction of resolutions, memorials, petitions and ordinances, and their proper reference, but if the roll call is not completed by 10:30 o’clock of any day, the Conven-


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tion shall at that hour proceed to the next regular order of business.

The resolution was referred to the Committee on Rules.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time, and referred to appropriate committees, as follows:

Ordinance 342, by Mr. Burns:

To regulate the fees of Constables and deputies.

The ordinance was referred to the Committee on Judiciary.

Ordinance 343, by Mr. Case:

To amend Section 49 of the present Constitution, to compel children who are able, to support indigent parents.

The ordinance was referred to the Committee on Judiciary.

Ordinance 344, by Mr. Glover:

To amend the Constitution by inserting therein: The Legislature shall have the power and authority to revise, regulate and reconstruct the judiciary system of this State.

The ordinance was referred to the Committee on Judiciary.

Ordinance 345, by Mr. Glover:

To amend the Constitution of this State by inserting therein the following: To abolish the right of dower and curtesy, and giving the wife and husband inheritable in each other’s estate.

The ordinance was referred to the Committee on Judiciary.

Ordinance 346, by Mr. Greer, of Perry:

Relating to legal advertising.

The ordinance was referred to the Committee on Schedules, Printing and Incidental Expenses.

Ordinance 347, by Mr. Miller, of Marengo:

To prevent any corporation from contracting exclusively for the sale of any books or articles for use in pub-


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lic schools to the State of Alabama, or to any counties in the State, or to any cities or towns in the State, or to any school district in the State.

The ordinance was referred to the Committee on Corporations.

Ordinance 348, by Mr. O’ Neal, of Jefferson:

To amend Article XI, Section 1, on taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 349, by Mr. J. W. A. Sanford:

To establish a Great Seal for the State of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 350, by Mr. Mac. A. Smith:

To amend Section 1 of Article XIV of the Constitution of Alabama.

The ordinance was referred to the Committee on Corporations.

REPORTS OF STANDING COMMITTEES.

The several standing committees of the Convention were called, but no reports were submitted.

RESOLUTIONS ON THIRD READING.

The following resolution was called for a third reading and adoption:

Resolution 25:

Resolved, That the Secretary of the Convention be and he is hereby instructed to preserve five (5) copies of the printed stenographic report of the proceedings of the Convention, and when said report is completed, to cause the same to be bound and deposited in the office of the Secretary of State.

The resolution was read a third time at length, and adopted.

RECONSIDERATION OF VOTE.

Mr. Browne moved that the vote by which the resolution was adopted be reconsidered.

The motion prevailed.

Mr. Browne offered the following amendment to the resolution 25:


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Amend by inserting the word ten instead of the word five after the word preserve, and by adding after the word State  following:

And five (5) copies to be deposited in the Supreme Court Library.

The amendment was adopted.

The resolution 25, as amended, was again read at length a third time, and adopted.

SPECIAL ORDER.

Mr. Jones, of Montgomery, moved that the report of the Committee on Executive Department be taken from the table, and that the same be made a special order for Tuesday, immediately after the call of unfinished business.

The motion prevailed, and the report of the Committee on Executive Department was made a special order for Tuesday immediately after the call of unfinished business.

OBJECTION TO LEAVE OF ABSENCE.

Mr. Malone gave notice that after to-day he would object to any leave of absence being granted.

ADJOURNMENT.

On motion of Mr. Greer, of Calhoun, the Convention adjourned until 12 o’clock m. on Monday.

___________

SIXTEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Monday, June 10, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Gay, of the city.


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CONSTITUTIONAL CONVENTION.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President, Grayson,

Altman, Greer (Calhoun),

Ashcraft, Haley,

Banks, Handley,

Barefield, Harrison,

Beavers, Heflin (Chambers),

Beddow, Heflin (Randolph),

Bethune, Hinson,

Blackwell, Hodges,

Brooks, Howell,

Browne, Howze,

Bulger, Inge,

Burnett, Jackson,

Burns, Jenkins,

Cardon, Jones (Bibb),

Carmichael (Colbert), Jones (Montgomery),

Carmichael (Coffee), Jones (Wilcox),

Case, Kirk,

Chapman, Knight,

Cobb, Kyle,

Cofer, Ledbetter,

Coleman (Greene), Leigh,

Davis (DeKalb), Lomax,

Davis (Etowah), Long (Butler),

Dent, Long (Walker),

Eley, Lowe (Jefferson),

Eyster, Lowe (Lawrence),

Espy, Macdonald,

Ferguson, McMillan (Baldwin),

Fletcher, McMillan (Wilcox),

Foshee, Malone,

Foster, Maxwell,

Glover, Merrill,

Graham (Montgomery), Miller (Marengo),

Graham (Talladega), Miller (Wilcox),


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Moody, Searcy,

Mulkey, Selheimer,

NeSmith, Sentell,

Norman, Sloan,

Norwood, Smith (Mobile),

Oates, Smith, Mac. A.,

O’Neill (Lauderdale), Sorrell,

O’Neill (Jefferson), Spears,

O’Rear, Spragins,

Parker (Cullman), Stewart,

Parker (Elmore), Tayloe,

Pearce, Thompson,

Pettus, Vaughan,

Pillans, Waddell,

Pitts, Walker,

Porter, Watts,

Proctor, Weakley,

Reese, Weatherly,

Renfro, White,

Reynolds (Chilton), Whiteside,

Reynolds (Henry), Willett,

Robinson, Williams (Barbour),

Rogers (Sumter), Williams (Marengo),

Samford, Williams (Elmore),

Sanford, Wilson (Washington)-119

LEAVES OF ABSENCE.

Was granted to Messrs. Almon for to-day; King indefinitely; Duke for to-day; Studdard for to-day; Jones, of Hale, for to-day; Selheimer for to-day; Martin for to-day; Wilson, of Clarke, indefinitely; Greer, of Perry, for to-day; Hood for to-day; Altman for to-day; Opp for to-day; Henderson for to-day; Morrisette for to-day and to-morrow; Locklin for to-day and to-morrow; Coleman of Walker for to-day.

REPORT OF COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report:


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CONSTITUTIONAL CONVENTION.

The Committee on the Journal beg leave to report that they have examined the Journal for the fifteenth day of the Convention and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the Committee was concurred in.

COMMITTEE GRANTED LEAVE TO SIT DURING SESSION.

On motion of Mr. Coleman, of Greene, the Committee on Suffrage and Elections was granted leave to sit during the session of to-day.

RECOMMITTAL OF ORDINANCES.

Mr. Oates, chairman of the Committee on Legislative Department, returned to the Convention ordinance 341.

Ordinance 341:

For the equitable distribution of the surplus moneys arising from the sale of fertilizer tags.

And requested that same be referred to the Committee on Taxation.

The ordinance 341 was referred to the Committee on Taxation.

Ordinance 267:

On motion of Mr. Ledbetter ordinance 267, That the office of Examiner of Public Accounts be and the same is hereby continued, was ordered referred to the Committee on Banks and Banking.

ORDINANCES ON FIRST READING.

The following ordinances were introduced severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 351, by Mr. Davis, of Etowah:

To amend Article VII, Section 10, of the Constitution. (Relates to waiving of exemptions.)

The ordinance was referred to the Committee on Exemptions.

Ordinance 352, by Mr. Eyster:

For the protection of local building and loan associations from excessive taxation.


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The ordinance was referred to the Committee on Corporations.

Ordinance 353, by Mr. Haley:

Relates to exempted property.

The ordinance was referred to the Committee on Exemptions.

Ordinance 354, by Mr. Haley:

Relates to county boundaries.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 355, by Mr. Harrison:

To limit the indebtedness of cities, towns and villages in this State.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 356, by Mr. Long, of Walker:

Relates to Judicial Department.

The ordinance was referred to the Committee on Judiciary.

Ordinance 357, by Mr. O’ Neal , of Jefferson:

To amend Section 1, Article XI.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 358, by Mr. O’ Neal, of Jefferson:

To amend Section 1, Article XI.

The ordinance was referred to the Committee on Taxation.

Ordinance 359, by Mr. O’Neill, of Jefferson:

To amend Article V of the Constitution.

The ordinance was referred to the Committee on Executive Department.

Ordinance 360, by Mr. Sanford:

To prohibit the ownership of real estate by persons owing allegiance to foreign governments.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 361, by Mr. Mac. A. Smith, Autauga:

To amend Section 25 of Article VI of the Constitution of Alabama.

The ordinance was referred to the Committee on Judiciary.


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CONSTITUTIONAL CONVENTION.

Ordinance 362, by Mr. Watts:

To amend Section 8, Article XIV.

The ordinance was referred to the Committee on Corporations.

Ordinance 363, by Mr. Williams, of Marengo:

Relates to exemption from taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 364, by Mr. Oates:

To prevent an increase of State debt, and to regulate temporary loans.

The ordinance wars referred to the Committee on Taxation.

Ordinance 365, by Mr. Oates:

To provide for refunding the bonded debt of the State, and for improving the Capitol building and grounds.

The ordinance was referred to the Committee on Legislative Department.

REPORTS OF STANDING COMMITTEES.

Mr. Jones, of Montgomery, chairman of the Committee on Executive Department, offered the following amendment to the report of the Committee on Executive Department:

Montgomery, Ala., June 10, 1901.

Mr. President:

The Committee on Executive Department ask leave to amend the ordinance entitled An ordinance to create and define the Executive Department, heretofore reported to the Convention as follows:

Amend Section 3 by adding after the words shall be elected the following words, on the first Monday in August, 1902, and thereafter.

Amend Section 5 by adding the words elected in the year 1902 between the word Commissioner of Agriculture and Industries and the word shall in such section.

Amend Section 13 by striking out the words or recess, and by adding after the words in which case it


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shall not be a law, the following words, but when return is prevented by a recess, such bill must be returned to the House in which it originated, within two days after its reassembling, otherwise it shall become a law.

Amend Section 16 by striking out the period at the end thereof, and inserting in lieu thereof a semicolon, and by adding the following words, when the incumbent denies that the Governor, or other person entitled to administer the office, has been restored to his mind, the Supreme Court, at the instance of any officer named in Section 15, shall ascertain the truth concerning the same, and, if the officer has been restored to his mind, shall so certify on its minutes and file a duly certified copy thereof with the Secretary of State, and in that event his office shall be restored to him.

Amend Section 27 by adding after the words as they may deem advisable,  the following words, to the best bidder.

THOMAS G. JONES, Chairman.

Mr. Jones, of Montgomery, moved that the amendment above set out be laid upon the table, and be considered with the report of the Committee on Executive Department, which report is set for consideration on Tuesday.

Mr. Macdonald moved to amend the motion of Mr. Jones, of Montgomery, by adding that 300 copies of the amendment be printed for the use of the delegates. The motion prevailed.

The question recurred upon the motion of Mr. Jones, of Montgomery.

The motion of Mr. Jones, of Montgomery, as amended, prevailed.

SCHEDULE, PRINTING AND INCIDENTAL EXPENSES.

Mr. Heflin, of Randolph, chairman of the Committee on Schedules, Printing and Incidental Expenses, reported favorably the following resolution:

Resolution No. 120, by Mr. Grayson:


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CONSTITUTIONAL CONVENTION.

Resolved, That all resolutions authorizing the payment of any money shall be adopted only by a yea and nay vote.

The resolution above set out was read at length a second time, and placed on the calendar, and 300 copies ordered printed.

INVITATION TO ADDRESS THE CONVENTION.

Mr. Sanford moved that Miss Frances Griffin be invited to address the Convention on the subject of Woman Suffrage.

Mr. Burns raised the point of order that the motion was out of order in that it required a suspension of the rules before the motion could be entertained.

The point of order was sustained.

Mr. Miller, of Marengo, moved that the rules be suspended, and that Miss Frances Griffin be invited to address the Convention on the subject of Woman Suffrage.

The motion prevailed, and the rules were suspended, and Miss Griffin was invited to address the Convention.

The Chair appointed the following committee to notify Miss Griffin of the invitation and to conduct the lady to the Presidents stand. Committee-Messrs. Sanford, Burns, and Wilson, of Washington.

Miss Griffin was thereupon introduced to the Convention, and spoke at length upon the subject.

VOTE OF THANKS.

Mr. Jackson moved that the thanks of the Convention be tendered Miss Griffin for the very able address just delivered. The motion prevailed.

ADJOURNMENT.

On motion of Mr. Miller, of Marengo, the Convention adjourned until to-morrow morning, at 10 o’clock.


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SEVENTEENTH DAY.

CONVENTION HALL

Montgomery, Ala., Tuesday, June 11, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Stickney, of the city.

ROLL CALL.

On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum:

Messrs. President, Henderson

Altman, Davis (DeKalb),

Ashcraft, Davis (Etowah),

Banks, Dent,

Barefield, deGraffenried,

Bartlett, Duke,

Beavers, Eley,

Beddow,  Eyster,

Bethune, Espy,

Blackwell, Ferguson,

Boone, Fitts,

Brooks, Fletcher,

Browne, Foshee,

Bulger, Foster,

Burnett, Gilmore,

Burns, Graham (Montgomery),

Cardon, Graham (Talladega),

Carmichael (Colbert), Grant,

Carmichael (Coffee), Grayson,

Case, Greer (Calhoun),

Chapman, Greer (Perry),

Cobb, Haley,

Cofer, Handley,

Coleman (Greens), Harrison,

Coleman (Walker), Heflin (Chambers),

Craig, Heflin (Randolph),


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CONSTITUTIONAL CONVENTION.

Hinson, Opp,

Hodges,  O’Rear,

Hood, Palmer,

Howell, Parker (Cullman),

Howze, Parker (Elmore),

Inge, Pearce,

Jackson, Pettus,

Jenkins, Phillips,

Jones (Bibb),   Pillans,

Jones (Hale), Pitts,

Jones (Montgomery, Porter,

Jones (Wilcox), Proctor,

Kirk, Reese,

Kirkland, Renfro,

Knight, Reynolds (Chilton),

Kyle, Reynolds (Henry),

Ledbetter, Robinson,

Leigh, Rogers (Lowndes),

Lomax, Rogers (Sumter),

Long (Butler), Sanders,

Long (Walker), Sanford,

Lore (Jefferson), Searcy,

Lowe (Lawrence), Selheimer,

Macdonald, Sentell,

McMillan (Baldwin), Sloan,

McMillan (Wilcox), Smith (Mobile),

Malone, Smith, Mac. A.,

Martin, Smith, Morgan M

Maxwell, Sollie,

Merrill, Sorrell,

Miller (Marengo), Spears,

Miller (Wilcox), Spragins,

Moody, Stewart,

Mulkey, Tayloe,

Murphree, Thompson,

NeSmith, Vaughan,

Norman, Waddell,

Norwood, Walker,

Oates, Watts,

O’Neill (Lauderdale), Weakley,

O’Neill (Jefferson), Weatherly,


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JOURNAL of ALABAMA

White, Williams (Marengo),

Whiteside Williams (Elmore),

Willett, Wilson (Washington).

Williams (Barbour), Winn-142.

LEAVE OF ABSENCE

Was granted to Messrs. Maxwell, Glover, Carmichael and Almon for today.

REPORT OF COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the sixteenth day of the Convention, and that the same is correct.

JOHN F. PROCTOR, Chairman.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows:

Ordinance 366, by Mr. Brooks:

To define a trust, and to prohibit the same in this State.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 367, by Mr. Jones, of Hale:

To amend Section 26 of Article VI. (Relates to Justice of the Peace.)

The ordinance was referred to the Committee on Judiciary.

Ordinance 368, by Mr. Burns:

To amend Article VIII of the present Constitution.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 369, by Mr. Burns:

To amend Section 3 of Article VIII.


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CONSTITUTIONAL CONVENTION.

The ordinance was referred to the Committee on Suffrage and Elections.

SUSPENSION OF THE RULES.

Mr. White moved to suspend the rules in order to dispense with the regular order of business, and then moved to take up the report of the Committee on Executive Department. The rules were suspended and the Convention proceeded to the consideration of the report of the committee.

Mr. Harrison moved that the Convention resolve itself into committee of the whole, in which the five minute rule should apply.

Mr. Jones, of Montgomery, moved the indefinite postponement of Mr. Harrison’s motion.

POINT OF ORDER.

Mr. deGraffenried made the point of order that the motions of both Messrs. Harrison and Jones, of Montgomery, were out of order, in that the rules provided that the minority report is considered, an amendment to the ordinance and that the ordinance on third reading, should be considered section by section.

The Chair held that there was no rule providing for the Convention to go into a committee of the whole, but it was in order for any delegate to make a motion that the Convention resolve itself into a committee of the whole.

(The motion of Mr. Harrison was withdrawn.)

Mr. Fitts moved that the ordinance be ordered to a third reading.

At the request of Mr. Jones, of Montgomery, Mr. Fitts withdrew his motion.

Mr. Jones, of Montgomery, stated that he desired to make a motion that the ordinance be ordered to a third reading, and that his object in making this motion was to place the ordinance before the Convention.

Mr. Jones, of Montgomery, addressed the Convention at length upon the ordinance submitted by the Com-


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mittee on Executive Department, and thereupon withdrew his motion to order the ordinance to a third reading.

Mr. Jones, of Montgomery, moved that the ordinance be placed upon a third reading, and that it be considered section by section.

Mr. Harrison raised the point of order that under Rule 51 of the Convention, the proposed question was upon the minority report which was to be considered an amendment

The Chair held that the point of order was well taken, but that the minority report would be taken up when the sections it sought to amend were reached.

The ordinance:

To create and define the Executive Department.

Was ordered read section by section.

Section 1 was thereupon read as follows:

Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, Commissioner of Agriculture and Industries, and a Sheriff for each county.

Mr. Oates offered the following amendment to Section 1.

Amend Section 1 by striking out the word State where it occurs in the second line of Section 1 before the word Auditor and Treasurer.

The amendment offered by Mr. Oates was adopted.

Mr. Long, of Walker, offered the following amendment:

Amend the ordinance by striking out the words Lieutenant Governor wherever they occur in said ordinance

Mr. Oates raised the point of order that the amendment offered by Mr. Long of Walker was out of order in that it was an amendment to the entire ordinance, and that the Convention was considering only Section 1 of the ordinance.

The point of order was sustained.

Mr. Long, of Walker, thereupon asked unanimous consent that he be allowed to offer the amendment so that it would apply only to Section 1.


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CONSTITUTIONAL CONVENTION.

Unanimous consent was given.

Mr. O’ Neal of Lauderdale, called for the previous question on the amendment offered by Mr. Long, of Walker. The call for the previous question was sustained.

The question recurred upon the adoption of the amendment offered by Mr. Long, of Walker.

The amendment was lost.

Mr. Jones, of Montgomery moved the previous question on the adoption of Section 1, as amended, and the motion prevailed.

Section 1:

The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, Commissioner of Agriculture and Industries, and a Sheriff for each county, was adopted.

SECTION TWO.

Mr. Jones, of Montgomery, moved that Section 2 of the ordinance be adopted.

Sec. 2. The Supreme Executive power of this State shall be vested in a Chief Magistrate, who shall be styled The Governor of the State of Alabama.

Mr. Oates offered the following amendment to Section 2:

Amend Section 2 by striking out the words of the State where said words appear in the second line of Section 2.

Mr. O’Neill, of Lauderdale, moved to lay the amendment offered by Mr. Oates upon the table, and the motion prevailed.

Sec. 2. The Supreme Executive power of this State shall be vested in a Chief Magistrate, who shall be styled The Governor of the State of Alabama, was adopted.

SECTION THREE.

Sec. 3. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Auditor, Attorney


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General, Superintendent of Education and Commissioner of Agriculture and Industries shall be elected every four years by the qualified electors of this State, at the same time and places appointed for the election of members of the General Assembly, was read at length.

Mr. Jones, of Montgomery, moved that the following amendment offered by the Committee on Executive Department be adopted:

Amend Section 3 by adding after the words shall be elected the following words, on the first Monday in August, 1902, and thereafter.

Mr. Coleman, of Greene, offered the following amendment as a substitute for the amendment offered by the Committee:

Amend Section 3 by striking out all of said section, beginning with the words every four years, and substituting therefore the following:

Shall be elected at the same time and places appointed for the election of members of the General Assembly in 1902, and every four years thereafter by the qualified electors of the State.

The amendment offered by Mr. Coleman, of Greene, was accepted by the committee.

Mr. Pillans offered the following amendment as a substitute for the amendment offered by Mr. Coleman, of Greene:

Amend by adding after the words shall be elected the following words, in the year 1902 and thereafter.

The substitute offered by Mr. Pillans for the amendment offered by Mr. Coleman of Greene, was lost.

The question recurred upon the amendment offered by Mr. Coleman, of Greene:

Amend Section 3 by striking out all of said section, beginning with the words every four years, and substituting therefore the following:

Shall be elected at the same time and places appointed for the election of members of the General Assembly in 1902, and every four years thereafter, by the qualified electors of the State.

And the amendment was adopted.


249

CONSTITUTIONAL CONVENTION.

Mr. Browne offered the following amendment to Section 3:

Amend Section 3 by striking out the words State where it appears in the first line of said section of the printed copy before the words Treasurer, and immediately after the word Treasurer.

The amendment was adopted.

Mr. Oates offered the following amendment to Section 3:

Amend Section 3 by striking out the words Attorney General where said words occur in said section.

Mr. Waddell moved to lay the amendment of Mr. Oates upon the table, and the motion prevailed.

Mr. Burnett offered the following amendment to Section 3:

To amend Section 3 by striking out the words where they occur, on the first Monday in August, and inserting in lieu thereof the following, on Tuesday after the first Monday in November, and to add to said Section 3, at the end the following words the Legislature shall have power to change the time of holding the election.

Pending the further consideration of the amendment offered by Mr. Burnett, Mr. Heflin, of Chambers, raised the point of order that the hour of 1 o’clock p. m. having arrived, under the rules the Convention stood adjourned.

The point of order was sustained, and the Convention adjourned until 10 o’clock to-morrow morning.

_____

EIGHTEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Wednesday, June 12, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Dr. Stakley of the city.


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JOURNAL OF ALABAMA

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names which constituted a quorum:

Messrs. President, Fitts,

Almon, Fletcher,

Altman, Foshee,

Ashcraft, Foster,

Banks, Freeman,

Barefield, Gilmore,

Beavers, Glover,

Beddow, Graham (Montgomery),

Bethune, Graham (Talladega) ,

Blackwell, Grant,

Boone, Grayson,

Brooks, Greer (Calhoun),

Browne, Greer (Marion),

Bulger, Haley,

Burnett, Handley,

Burns, Harrison,

Cardon, Heflin, (Randolph),

Carmichael (Colbert), Henderson,

Carmichael (Coffee), Hinson,

Case, Hodges,

Chapman, Hood,

Cobb, Howell,

Cofer, Howze,

Coleman (Greene), Inge,

Coleman (Walker), Jackson,

Craig, Jenkins,

Cunningham, Jones (Bibb),

Davis (DeKalb), Jones (Hale),

Davis (Etowah), Jones (Montgomery),

Dent, Jones (Wilcox),

deGraffenried, Kirk,

Eley, Kirkland,

Eyster, Knight,

Espy, Ledbetter,

Ferguson, Leigh,


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CONSTITUTIONAL CONVENTION.

Lomax, Proctor,

Long (Butler), Reese,

Long (Walker),  Reynolds (Henry),

Lore (Jefferson), Robinson,

Lowe (Lawrence), Rogers (Lowndes),

Macdonald, Rogers (Sumter),

McMillan (Baldwin), Sanders,

McMillan (Wilcox), Sanford,

Malone, Searcy,

Martin, Selheimer,

Maxwell,  Sentell,

Merrill, Sloan,

Miller (Marengo),  Smith (Mobile),

Miller (Wilcox), Smith, Mac. A.,

Moody, Smith, Morgan, M.,

Morrisette, Sollie,

Mulkey, Sorrell,

Murphree,  Spears,

NeSmith,  Spragins,

Norman, Stewart,

Norwood, Thompson,

Oates, Vaughan,

O’Neil (Lauderdale), Waddell,

O’Neil (Jefferson), Walker,

Opp, Watts,

O’Rear, Weakley,

Palmer, Weatherly,

Parker (Cullman), White,

Parker (Elmore), Whiteside,

Pearce, Willett,

Pettus, Williams, (Barbour),

Phillips, Williams, (Marengo),

Pillans, Wilson (Washington).

Pitts, Winn-139.

Porter,

RESOLUTIONS.

Mr. Harrison offered the following resolution:

Resolution 142, by Mr. Harrison:

Whereas, the immortal spirit of William J. Samford, the distinguished Governor of Alabama, has passed


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JOURNAL OF ALABAMA

from earth to the God who gave it, leaving the people of the entire State deeply impressed with a lively appreciation of his manly character and many virtues; and with a profound sense of the great loss sustained by the State, and

Whereas, His remains will reach this city from Tuscaloosa by special train about 6 o’clock this afternoon;

Now, therefore, be it resolved, First, That this Convention stand adjourned until Thursday at noon as a mark of respect to the lamented dead;

Second, Be it further resolved, That a committee of nine from this Convention be appointed by the President to proceed to Tuscaloosa to escort the remains to the Capitol and attend his funeral;

Third, Be it further resolved, That the family of the deceased be requested to allow the remains of the distinguished dead to lie in state in the Capitol during tomorrow, Thursday, until removed to his home at Opelika.

Mr. Harrison moved that the rules be suspended.

The motion prevailed.

Mr. Harrison moved that the resolution be adopted by a rising vote.

The motion prevailed, and the resolution was unanimously adopted.

The Chair thereupon appointed the following committee:

Committee-Messrs George P. Harrison, J. J. Robinson, G. A. Searcy, Thomas G. Jones, of Montgomery; C. H. Miller, of Marengo; John T. Ashcraft, R. M. Cunningham, J. B. Graham, of Talladega; Hubert T. Davis, of Etowah.

ADJOURNMENT.

Under the resolution above set out, the Convention adjourned until to-morrow at 12 o’clock m.


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CONSTITUTIONAL CONVENTION.

NINETEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Thursday, June 13, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Gay of the city.

ROLL CALL.

On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum:

Messrs. President, Cunningham,

Almon, Davis (DeKalb),

Altman, Davis (Etowah),

Ashcraft, Dent,

Banks, deGraffenried

Barefield  Duke,

Bartlett,  Eley,

Beavers, Eyster,

Beddow, Espy,

Bethune,  Ferguson,

Blackwell,  Fitts.

Boone, Fletcher,

Brooks, Foshee,

Browne, Foster,

Burnett, Freeman,

Burns, Gilmore,

Byars, Glover,

Cardon, Graham (Montgomery)

Carmichael (Colbert), Graham (Talladega),

Carmichael (Coffee), Grant,

Case, Grayson

Chapman, Greer (Calhoun),

Cofer, Harrison,

Coleman (Greene), Greer (Perry),

Coleman (Walker), Haley,

Craig, Handley,


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Heflin (Chambers), Oates,

Heflin (Randolph), O’Neil (Lauderdale),

Henderson, Opp,

Hinson, O’ Rear,

Hodges, Palmer,

Hood, Parker (Cullman),

Howell, Parker (Elmore),

Howze, Pearce,

Inge, Pettus,

Jackson, Phillips,

Jenkins, Pillans,

Jones (Bibb),                                                               Pitts,

Jones (Hale),                                                               Porter,

Jones (Montgomery),                                                  Proctor,

Jones (Wilcox),                                                           Reese,

Kirk,                                                                            Robinson,

Kirkland,                                                                     Rogers, (Sumter),

Knight                                                                         Sanders,

Ledbetter,                                                                   Sanford,

Leigh                                                                           Searcy,

Locklin,                                                                       Selheimer,

Lomax,                                                                        Sentell,

Long, (Butler),                                                            Sloan

Long (Walker),                                                            Smith (Mobile),

Lowe (Jefferson),                                                        Smith Mac. A.,

Lowe (Lawrence),                                                       Smith, Morgan M.,

Macdonald,                                                                 Sollie,

McMillan (Baldwin),                                                  Sorrell,

McMillan (Wilcox),                                                     Shears,

Malone,                                                                       Spragins,

Martin,                                                                        Stewart,

Maxwell,                                                                     Tayloe,

Merrill,                                                                        Thompson,

Miller (Marengo),                                                        Vaughan,

Miller (Wilcox),                                                           Waddell,

Moody,                                                                       Walker,

Morrisette,                                                                   Watts,

Murphree,                                                                    Weakley,

NeSmith,                                                                     Weatherly,

Norman,                                                                      White,

Norwood,                                                                    Whiteside,


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Willett,                                                                        Wilson, (Clarke),

Williams (Barbour),                                                     Wilson (Washington).

Williams (Marengo),                                                   Winn-142.

Williams (Elmore),

LEAVE OF ABSENCE

Was granted to Mr. Kyle until Monday.

RESOLUTIONS.

Mr. Harrison offered the following resolution:

Resolution 143, by Mr. Harrison:

Whereas, the remains of Hon. W.J. Samford, late Governor of this State, now lie in state in the Capitol, and

Whereas, His funeral services will occur at his home in Opelika to-morrow, Friday, at 9:30 o’clock a. m. and the delegates of this Convention desire to attend these services;

Now, therefore, be it resolved, That this Convention do now recess until 2:30 this afternoon, and that when it adjourns this afternoon it adjourn to meet at 2:30 o’clock to-morrow, Friday, afternoon, in order to give the delegates the opportunity of attending said funeral services.

Mr. Graham, of Talladega, moved that the rules be suspended.

The motion prevailed.

Mr. Harrison moved that the resolution be adopted.

The motion prevailed.

RECESS.

Under the resolution above set out, the Convention recessed until 2:30 o’clock this afternoon.

EVENING SESSION.

The Convention met pursuant to adjournment.


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JOURNAL OF ALABAMA

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,                                                       Graham (Talladega),

Barefield,                                                                    Grant,

Bartlett,                                                                       Grayson,

Beddow,                                                                     Greer (Calhoun),

Bethune,                                                                      Greer (Perry),

Brooks,                                                                        Haley,

Browne,                                                                      Handley,

Burnett,                                                                        Harrison,

Burns,                                                                          Heflin (Chambers),

Byars,                                                                          Heflin (Randolph),

Cardon,                                                                       Hinson,

Carmichael (Colbert),                                                  Hood,

Carmichael (Coffee),                                                  Howell,

Case,                                                                           Howze,

Cobb,                                                                          Jackson,

Cofer,                                                                          Jenkins,

Coleman (Greene),                                                      Jones (Bibb),

Coleman (Walker),                                                      Jones (Hale),

Craig,                                                                          Jones (Montgomery),

Cunningham,                                                               Jones (Wilcox),

Davis (DeKalb),                                                          Kyle,

Davis (Etowah),                                                          Ledbetter,

Dent,                                                                           Leigh,

deGraffenried,                                                            Locklin,

Duke,                                                                          Lomax,

Eley,                                                                            Long (Walker),

Eyster,                                                                         Lowe (Jefferson),

Espy,                                                                           Lowe (Lawrence),

Ferguson,                                                                    Macdonald,

Pitts,                                                                            McMillan (Wilcox),

Fletcher,                                                                      Malone,

Foshee,                                                                        Martin,

Freeman,                                                                     Merrill,

Gilmore,                                                                      Miller (Marengo),

Glover,                                                                        Miller (Wilcox),


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CONSTITUTIONAL CONVENTION.

Moody,                                                                       Smith (Mobile),

Morrisette,                                                                   Smith, Mac. A.,

Murphree,                                                                    Smith, Morgan M.,

NeSmith,                                                                     Sollie,

Norwood,                                                                    Sorrell,

Oates,                                                                          Spears,

O’ Neal  (Lauderdale),                                                  Spragins,

Opp,                                                                            Stewart,

O’ Rear,                                                                       Studdard,

Parker (Elmore),                                                          Thompson,

Pearce,                                                                        Vaughan,

Pettus,                                                                         Waddell,

Phillips,                                                                       Walker,

Pillans,                                                                         Watts,

Pitts,                                                                            Weakley,

Proctor,                                                                       Weatherly,

Reese,                                                                          White,

Robinson,                                                                    Whiteside,

Rogers (Lowndes),                                                     Williams (Barbour),

Rogers (Sumter),                                                         Williams (Marengo),

Sanders,                                                                      Williams (Elmore),

Sanford,                                                                      Wilson (Washington),

Selheimer,                                                                   Winn-117.

Sentell,

LEAVE OF ABSENCE

Was granted to Messrs. Williams, of Elmore, indefinitely; Reynolds, of Henry, until Monday.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the seventeenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.


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RESOLUTIONS ON FIRST READING.

The following resolutions were offered, read one time at length, and referred to appropriate committees, as follows:

Resolution 144, by Mr. Watts:

Be it resolved, That the Committee on Executive Department report to this Convention whether any separate ordinance or provision in the Constitution to be framed is necessary to provide for succession in the office of Governor until the Governor elected in 1902 goes into office.

The resolution was referred to the Committee on Executive Department.

Resolution 145 (with message), by Mr. Weakley:

Be it resolved by this Convention that the proper officers of this Convention be instructed to transmit to the Constitutional Convention of the State of Virginia, now in session at Richmond, the following message:

To the President and Delegates of the Constitutional Convention of the State of Virginia, Richmond, Va.:

The President and delegates of the Constitutional Convention of the State of Alabama, now in session at Montgomery, extend greetings to the President and delegates of the Constitutional Convention of the State of Virginianow in session at Richmond.

Mr. Weakley moved that the rules be suspended, and that the resolution be adopted.

The motion prevailed and the resolution was adopted.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 370, by Mr. Rogers of Sumter:

Relates to the meeting of the Legislature.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 371, by Mr. Parker, of Elmore:


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An ordinance to amend Section 17 of Article VI of the present Constitution.

The ordinance was referred to the Committee on Judiciary.

REPORT OF STANDING COMMITTEES.

Mr. Jones, of Montgomery, chairman of the Committee on Executive Department, submitted the following report:

Mr. President:

The Committee on Executive Department direct me to report as a substitute for ordinance No. 349, To establish a Great Seal for the State of Alabama, the following:

Section 22. Commemorative of the heroism of Emma Sanson the Great Seal of the State, which shall be used officially by the Governor, shall consist of the figure of an officer on horseback, fully armed, and a young woman seated behind him, with her left hand pointing forward;

and the legend I will show you the way. The said seal shall be called the Great Seal of the State of Alabama. The committee recommend that Section 22 of the ordinance to create and define the Executive Department, as it now stands, be stricken out, and that said substitute be adopted in lieu thereof.

THOMAS G. JONES, Chairman.

The ordinance was read a second time at length, and placed upon the calendar, and 300 copies ordered printed.

REPORT OF THE COMMITTEE ON RULES.

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, submitted the following report:

The committee reports adversely resolution No. 136, introduced by Mr. Proctor of Jackson, and recommends that it be not adopted by the Convention. Said resolution reads as follows:


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Resolution No. 136:

Resolved, That on and after the passage of this resolution all requests for leave of absence shall be reduced to writing, and sent to the Secretary’s desk by 12 o’clock of each day and passed upon by the Convention at that hour and that no other requests for absence shall be considered at any other time.

The committee amends resolution No. 141, introduced by Mr. Wilson, of Clarke, by striking out the words ten-thirty and inserting in place thereof the word eleven. The committee reports favorably on the resolution, as amended, and recommends that it, as amended, be adopted by the Convention. Said resolution, as amended, reads as follows:

Resolution No. 141:

Resolved, That subdivision 6, of Rule 22, be amended so as to read as follows: 6. Call of the roll in alphabetical order for the introduction of resolutions, memorials, petitions and ordinance, and their proper reference. But if the roll call is not completed by 11 o’clock of any day, the Convention shall at that hour proceed with the next regular order of business.

The committee herewith returns to the Convention the resolutions herein above referred to.

Mr. Beddow moved that resolution 136, set out in the above and foregoing report of the Committee on Rules, be laid upon the table.

And the motion prevailed.

Mr. White moved that resolution 141, set out in the above and foregoing report of the Committee on Rules, be adopted.

And the motion prevailed.

SUSPENSION OF THE RULES.

Mr. White moved that the rules be suspended and that the committee proceed to the consideration of the report of the Committee on Executive Department.

The rules were suspended, and the Convention proceeded to the Consideration of the


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UNFINISHED BUSINESS,

Which was an ordinance To create and define the Executive Department.

The question being upon the adoption of the amendment to Section 3 of the said ordinance, offered by Mr. Burnett.

To amend Section 3 by striking out the words, where they occur on the first Monday in August, and inserting in lieu thereof the following: On Tuesday after the first Monday in November. And to add to said Section 3, at the following words, The Legislature shall have the power to change the time of holding the election.

By unanimous consent the amendment was withdrawn.

Mr. Sanford offered the following amendment to Section 3, which was read at length:

To amend 3 by striking out the words four years and the insertion therein of the words two years.

Mr. Reese moved to table the amendment offered by Mr. Sanford, and the motion prevailed.

Mr. O’ Rear offered the following amendment to Section 3, which was read at length:

Amend Section 3 by striking out the figures 1902 and insert in lieu thereof the figures 1904.

Mr. Jones, of Montgomery, moved to table the amendment offered by Mr. O’ Rear, and the motion prevailed.

Mr. Coleman, of Greene, offered the following amendment to Section 3, which was read at length:

Amend Section 3 by striking out the words 1902 and insert therein the words 1904.

Mr. Dent moved to table the amendment offered by Mr. Coleman, of Greene, and the motion prevailed.

Mr. Jones, of Bibb, offered the following amendment to Section 3, which was read at length:

Amend section 3 by adding immediately after the words Attorney General’ the words who shall be learned in the law.

The amendment offered by Mr. Jones, of Bibb, was lost.


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Mr. Howze moved that Section 3, as amended:

Sec. 3. The Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be elected at the same time and places appointed for the election of members of the General Assembly in 1902, and every four years thereafter by the qualified electors of the State.

The motion of Mr. Howze prevailed, and Section 3, as amended, was adopted.

SECTION FOUR.

Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of Government, and directed to the Speaker of the house of Representatives who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly in joint Convention; but the Speaker’s duty shall be purely ministerial, in this respect and any objection to any return on account of informality, defect or other cause, shall be decided by the Speaker, subject to the control of the majority of the joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education and Commissioner of Agriculture and Industries shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law,-was read at length.


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CONSTITUTIONAL CONVENTION.

Mr. Graham, of Talladega, offered the following amendment to Section 4, which was read at length:

Amend Section 4 by striking out the word State before the words Auditor and Treasurer wherever it occurs in the section.

The amendment was adopted.

Mr. Graham, of Talladega, offered the following amendment to Section 4, which was read at length:

Amend line 13 of Section 4 by substituting the word any four the word either.

The amendment was adopted.

Mr. Robinson offered the following amendment to Section 4, which was read at length:

Amend Section 4 by inserting after the word Convention in the ninth line, the following, but said objection shall be determined without debate or delay, and the power of said Convention shall be limited by that of the Speaker.

The amendment was adopted.

RECONSIDERATION.

Mr. Fitts moved that the vote by which the amendment offered by Mr. Robinson passed, be reconsidered.

Mr. Reese raised the point of order that under the rules the motion of Mr. Fitts should go over until tomorrow for consideration.

The point of order was sustained.

Mr. deGraffenried moved that the rules be suspended in order to immediately reconsider the vote by which the amendment was adopted.

The motion prevailed, and the rules were suspended.

Mr. Fitts moved that the vote by which the amendment offered by Mr. Robinson was adopted be reconsidered and the motion prevailed.

Mr. Rogers, of Sumter, offered the following resolution which was read at length:

Resolved, That it is the sense of this Convention that Section 4 of an ordinance to create and define the Executive Department is ambiguous, and that we do recommend it to said committee for revision.


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The resolution was adopted, and Section 4 of the ordinance was recommitted to the Committee on Executive Department.

SECTION FIVE.

Sec. 5. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General State Auditor, Superintendent of Education, and Commissioner of Agriculture and Industries shall hold their respective offices for the term of four years from the first day of December of the year in which they shall have been elected, and until their successors shall be elected and qualified, and under the first election under this Constitution neither of them shall be eligible as his own successor; and the Governor shall not be eligible to election to any office under this State within one year after the expiration of his term; and his acceptance of the office shall be a pledge to the people not to accept an election or appointment to the Senate of the United States at any time during his term, or within one year there-after.

Was read at length.

Mr. Jones, Chairman of the committee, offered the following amendment to Section 5, which was read at length:

Amend Section 5 by adding the words elected in the year 1902 between the words Commissioner of Agriculture and Industries and the word shall in such Section.

Mr. Walker offered the following substitute for the amendment offered by the committee, which was read at length:

Amend by adding after word 1902 in amendment the following words, and in each fourth year thereafter.

Mr. Lomax moved to table the substitute for the amendment offered by Mr. Walker, and the motion prevailed.

The question recurred upon the adoption of the amendment offered by the committee.


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CONSTITUTIONAL CONVENTION.

Mr. Jones, of Montgomery, moved that the amendment be adopted, and the motion prevailed.

Mr. deGraffenried offered the following amendment to Section 5, which was read at length:

Amend Section 5 by striking therefrom all the section that succeeds the following words in line seven, viz.: After the expiration of his term.

Mr. Long, of Walker, offered the following substitute for the amendment offered by Mr. deGraffenried, which was read at length:

Amend Section 5 by adding the words or appointment after the word election in the sixth line.

Amend further by striking out all words after the word term in the seventh line.

The substitute was lost.

Mr. Greer, of Calhoun, offered the following amendment to the amendment offered by Mr. deGraffenried, which was read at length:

Amend by striking out after the word qualified in fifth line the balance of said section.

Mr. Boone moved to table the amendment to amendment offered by Mr. Greer, of Calhoun:

And the motion prevailed.

Mr. Browne, offered the following substitute for the amendment offered by Mr. deGraffenried, which was read at length:

Strike out all of Section 5 after the words shall be eligible in line 6, and insert in lieu thereof the words to election or appointment to any office under this State within one year after the expiration of his term.

The substitute for the amendment was temporarily withdrawn.

ADJOURNMENT.

Mr. Jones, of Montgomery, moved that the Convention adjourn until 2:30 p. m. to-morrow.

The motion prevailed.

And finding the further consideration of the amendment offered by Mr. deGraffenried to Section 5 of the ordinance To create and define the Executive Department, the Convention adjourned until to-morrow at 2:30p. m.


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TWENTIETH DAY.

CONVENTION HALL.

Montgomery, Ala., Friday, June 11, 1901.

The Convention met pursuant to adjournment.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,                                                       Davis (Etowah),

Almon,                                                                        Dent,

Altman,                                                                       deGraffenried,

Ashcraft,                                                                     Duke,

Banks,                                                                         Eyster,

Barefield,                                                                    Espy,

Beaver,                                                                        Ferguson,

Beddow,                                                                     Fitts,

Bethune,                                                                      Fletcher,

Blackwell,                                                                   Foshee,

Boone,                                                                         Foster,

Brooks,                                                                        Gilmore,

Browne,                                                                      Glover,

Bulger,                                                                        Graham (Montgomery),

Burnett,                                                                       Graham (Talladega),

Burns,                                                                          Greer (Calhoun),

Byars,                                                                          Greer (Perry),

Carmichael (Colbert),                                                  Handley,

Carmichael (Coffee),                                                  Harrison,

Chapman,                                                                    Heflin (Chambers),

Cobb,                                                                          Heflin (Randolph),

Cofer,                                                                          Henderson,

Coleman (Greene),                                                      Hodges,

Coleman (Walker),                                                      Hood,

Cornwell,                                                                    Howell,

Craig,                                                                          Howze,

Davis (DeKalb),                                                          Inge,


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Jackson,                                                                       Parker (Elmore),

Jenkins,                                                                       Pearce,

Jones (Bibb),                                                               Pettus,

Jones (Hale),                                                               Pillans,

Jones (Montgomery),                                                  Pitts,

Jones (Wilcox),                                                           Porter,

Knight,                                                                        Proctor,

Ledbetter,                                                                   Reese,

Leigh,                                                                          Reynolds (Chilton),

Locklin,                                                                       Rogers (Lowndes),

Lomax,                                                                        Rogers (Sumter),

Long (Butler),                                                             Sanders,

Long (Walker),                                                            Sanford,

Lowe (Jefferson),                                                        Selheimer,

Lowe (Lawrence),                                                       Sentel1,

Macdonald,                                                                 Sloan,

McMillan (Wilcox),                                                     Smith (Mobile),

Malone,                                                                       Smith, Mac. A.,

Martin,                                                                        Smith, Morgan M.,

Maxwell,                                                                     Sorrell,

Merrill,                                                                        Spears,

Miller (Marengo),                                                        Spragins,

Miller (Wilcox),                                                           Tayloe,

Moody,                                                                       Thompson,

Morrisette,                                                                   Vaughan,

Mulkey,                                                                       Waddell,

Murphree,                                                                    Walker,

NeSmith,                                                                     Weakley,

Norman,                                                                      Weatherly,

Norwood,                                                                    Wh i te,

Oates,                                                                          Whiteside,

O’ Neal  (Lauderdale),                                                  Williams (Barbour),

Opp,                                                                            Williams (Marengo),

O’ Rear,                                                                       Wilson (Clarke),

Palmer,                                                                        Wilson (Washington).

Parker (Cullman),                                                         Winn-126.

LEAVE OF ABSENCE

Was granted to Messrs. Kyle for to-day and to-morrow; Robinson for to-day and to-morrow; O’Neil, of Jef-


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ferson, for to-day; Grant for to-day; Sollie for to-day; Kirkland for to-day; Espy for to-morrow; Haley for to-day, to-morrow and Monday; Weakley for to-morrow; Norwood for to-morrow; Moody for to-morrow.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the nineteenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

RESOLUTIONS.

Mr. Reese offered the following resolution:

Resolution 146:

Resolved, That hereafter when members shall come into the Convention, after the roll call, their presence may be noted by the Secretary, upon their personal application, without interrupting the Convention proceedings.

Mr. deGraffenried moved that the rules be suspended and the resolution be placed upon its immediate passage The rules were suspended and the resolution was adopted.

REPORT OF STANDING COMMITTEES.

Mr. Browne, chairman of the Committee on Taxation, submitted the following report which was read one time at length, and 300 copies ordered printed:

REPORT OF COMMITTEE ON TAXATION.

Mr. President:

The Committee on Taxation has instructed me to make the following report, viz.:

All of the ordinances referred to it have been carefully examined and considered by the Committee, and


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CONSTITUTIONAL CONVENTION.

the substance of some of them has been incorporated in the herewith submitted Article on Taxation, which is recommended to be adopted in lieu of Article XI of the Constitution of 1875. Those suggestions, presented in such ordinances, which have been incorporated in the proposed article, will be manifest by the reading thereof.

All ordinances referred to the Committee are herewith returned. The changes in the Article on Taxation are as follows:

Section 1 has been so amended as to exclude from taxation debts for the rent or hire of real or personal property for the current year of rental or hire, in the hands of the landlord or hire, when the real or personal property is assessed for taxation at its full value.

Section 3 has been amended so as to authorize the Governor to negotiate temporary loans, not to exceed three hundred thousand dollars, whereas under the Constitution of 1875, such loans are limited to one hundred thousand dollars. And Section 3 has been so amended as to provide for refunding the bonded indebtedness of the State.

Section 4 is amended by limiting the amount of State tax to 65-100 of 1 percentum instead of 3-4 of 1 percentum.

Section 5 is amended so as to provide for the construction and maintenance of public roads by special taxation, as is now provided for public buildings and bridges, but all of such special tax is limited to 1-4 of 1 percentum, whereas the special tax for such buildings and bridges is now without constitutional limitation.

This section is further so amended as to provide that counties may levy and collect such special taxes as may be authorized by law for public schools, provided the extent of such tax, the time it is to be continued, and the purpose thereof, shall be first submitted to a vote of the qualified electors of the county who are property tax payers, and voted for by a majority in numbers, and in taxable value of property, voting at such election; provided also, that no such tax shall increase the total amount of taxation for all State and County purposes,


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JOURNAL OF ALABAMA

except public buildings, roads and bridges, to a greater rate than $1.25 on every one hundred dollars of taxable property. This public school fund is provided to be equitably appropriated, and paid to the several public schools in the county by the Commissioners’ Court or Boards of Revenue thereof.

Sec. 6 has been amended by striking out the words or enterprises.

Sec. 7 has been amended so as to provide for the levy and collection by cities and towns of a special school tax under similar restrictions to those with regard to the special school tax of counties providing the rate for all State, County and City purposes shall not exceed $1.75 on the hundred dollars of taxable property. This fund is to be appropriated equitably among and paid to the public schools of the city or town by the corporate authorities thereof.

Sec. 8 has been entirely omitted.

An additional section (as Section 9) is recommended limiting the indebtedness of counties to 5 percentum of the taxable value of the property thereof, but providing it shall not apply to indebtedness in excess of such 5 percentum which has been already created or authorized by law to be created.

A second additional section (as Section 10) is recommended limiting the indebtedness of cities and towns to 5 percentum of the taxable value of the property, but allowing an additional 3 percentum indebtedness for waterworks, gas and electric light plants, and sanitary sewerage. It is further provided that such limitation shall not apply to indebtedness in excess of such 5 percentum already created or authorized by law to be created.

CECIL BROWNE,

Chairman of Committee on Taxation.

ARTICLE XI-TAXATION.

Sec. 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such


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CONSTITUTIONAL CONVENTION.

property, but no tax shall be assessed upon any debt for rent or hire of real or personal property while owned by the landlord or hirer during the current year of such rental or hire, and when such real or personal property is assessed at its full value; provided, however, the General Assembly may levy a poll tax, not to exceed $1.50 on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same.

Sec. 2. No power to levy taxes shall be delegated to individuals or private corporations.

Sec. 3. After the ratification of this Constitution, no new debt shall be created against or incurred by this State, or its authority, except to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each House of the General Assembly, and the vote shall be taken by yeas and nays, and entered on the Journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed three hundred thousand dollars, to meet the deficiencies in the Treasury; and until the same is paid, no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding the State’s existing bonded indebtedness.

Sec. 4. The General Assembly shall not have the power to levy, in any one year, a greater rate of taxation than 65-100 of 1 percentum on the value of the taxable property within this State.

Sec. 5. No county in this State shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein, than 1-2 of 1 percentum; provided, that to pay debts existing at the ratification of the Constitution of 1875, an additional rate of 1-4 of 1 per centum may be levied and collected, which shall be exclusively appropriated to the payment of such debts or the interest thereon; provided further, that to pay any debt or liability now existing against


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JOURNAL OF ALABAMA

any county, incurred for the erection, construction and maintenance of the necessary public buildings or bridges or roads, any county may levy and collect such special taxes not to exceed a rate of 1-4 of 1 percentum, as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same were so levied and collected provided further, that for the maintenance of public schools any county may levy and collect such special tax as may be authorized bylaw, provided such special tax, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property taxpayers, who are qualified electors in said county and voted for by majority thereof in numbers and in value of taxable property, voting at such election, provided that the rate of such special tax for maintenance of public schools shall not increase the rate of taxation in any one year to more that $1.25 on every one hundred dollars worth of taxable property, for all State and County purposes, excluding any special tax for the erection, construction and maintenance of necessary public buildings, bridges and roads; and provided further, that such special tax for schools shall be apportioned equitably and paid to the public schools of such county, by the Court of County Commissioners or Board of Revenue thereof.

Sec. 6. The property of private corporations, associations and individuals of this State shall forever be taxed at the same rate; provided, this section shall not apply to institutions devoted exclusively to religious, educational or charitable purposes.

Sec 7. No city, town or other municipal corporation other than provided for in this article, shall levy or collect a larger rate of taxation in any one year on the property thereof, than 1-2 of 1 per centum of the value of such property, as assessed for State taxation during the preceding year; provided, that for the payment of debts existing at the time of the ratification of the Constitution of 1875 and the interest thereon, an additional rate of 1 percentum may be collected, to be applied exclusively to such indebtedness; provided, further, that


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CONSTITUTIONAL CONVENTION.

for the maintenance of public schools such city, town or other municipal corporation may levy and collect such special tax as may be authorized by law, provided such special tax shall not be levied and collected when it shall cause a greater rate of taxation in any one year than one dollar and seventy-five cents on every hundred dollars of taxable property, for all State, county and municipal purposes, except the erection, construction and maintenance by counties of necessary public buildings, bridges or roads, and provided such special tax for schools, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property tax payers who are qualified electors in said city, town or other municipal corporations, and voted for by majority thereof, in numbers, and in value of taxable property, voting at such election, and provided such tax for schools shall be apportioned equitably and paid to the public schools of said city, town or other municipal corporation by the municipal authorities thereof; and provided, this section shall not apply to the city of Mobile, which city may levy a tax not to exceed the rate of 3-4 of 1 per centum to pay the expenses of the city government, and may also levy a tax not to exceed the rate of 3-4 of 1 per centum to pay the indebtedness of said city existing at the time of the ratification of the Constitution of 1875, and the interest thereon; provided further, that this section shall not apply to the city of Birmingham, which city may levy and collect a tax not exceeding 1-2 of 1 per centum, in addition to the tax of 1-2 of 1 per centum hereinabove allowed to be levied and collected, such special tax to be applied exclusively to the payment of the interest on the bonds of the said city of Birmingham heretofore issued by said city in pursuance of law, and for a sinking fund to pay off said bonds at the maturity thereof.

Sec. 8. The General Assembly shall not have the power to require the counties or other municipal corporations to pay any charges which are now payable out of the State Treasury.

Sec 9. No county shall become indebted in an amount greater than 5 per centum of the taxable value of the


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property thereof; provided, this section shall not apply to any indebtedness in excess of such 5 percent which has already been created, or authorized by law to be created.

Sec. 10. No city, town or other municipal corporation shall become indebted in an amount exceeding 5 per centum of the taxable value of the property thereof; provided, that for the erection or purchase of water-works, gas or electric plants, or sanitary sewerage an additional indebtedness not to exceed 3 per centum may be created; provided further, that this section shall not apply to indebtedness in excess of such 5 per centum already created or authorized by law to be created.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business which was Section 5 of the ordinance To create and define the Executive Department.

See. 5. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education, and Commissioner of Agriculture and Industries shall hold their respective offices for the term of 4 years from the first day of December of the year in which they shall have been elected, and until their successors shall be elected and qualified, and after the first election under this Constitution neither of them shall be eligible as his own successor; and the Governor shall not be eligible to election to any office under this State within one year after the expiration of his term; and his acceptance of the office of Governor shall be a pledge to the people not to accept an elect ion or appointment to the Senate of the United States at any time during his term, or within one year thereafter.

The question being upon the amendment offered by Mr. deGraffenried, which was read at length:

Amend Section 5 by striking therefrom all of the section that succeeds the following words in line seven, namely, after the expiration of his term.


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CONSTITUTIONAL CONVENTION.

Mr. White moved to table the amendment offered by Mr. deGraffenried.

And the motion of Mr. White was lost.

The question recurred again upon the adoption of the amendment offered by Mr. deGraffenried, and the amendment was adopted.

Mr. Pettus offered the following amendment, which was read at length:

Amend Section 5, line six, by striking out the words neither of them in line five and six of said section, and inserting in lieu thereof the words no one of said officers.

And the amendment was adopted.

Mr. Chapman offered the following amendment, which was read at length:

Amend Section 5 of Article 5 as follows, by striking out the word one in lines seven and nine, and inserting in lieu thereof the word four.

Mr. Jones, of Montgomery, moved to table the amendment offered by Mr. Chapman, and the motion prevailed.

Mr. Foster offered the following amendment, which was read at length:

Amend Section 5 by adding immediately after the word State, in line seven, the following, or to the Senate of the United States.

And the amendment was adopted.

Mr. Dent offered the following amendment, which was read at length:

Amend Section 5 of Article 5 by adding after the words as his own successor, in the sixth line, the following words, nor shall they be eligible as the successors of each other.

Mr. Pettus moved to table the amendment offered by Mr. Dent, and the motion prevailed.

Mr. Ashcraft offered the following amendment, which was read at length:

Amend Section 5 by striking out of line six thereof the following words, as his own successor; and the Governor shall not be eligible.

Mr. Weatherly moved to table the amendment offered by Mr. Ashcraft, and the motion prevailed.


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JOURNAL OF ALABAMA

Mr. Harrison offered the following amendment, which was accepted by the chairman of the Committee on Executive Department:

Amend Section 5 by striking out the word December where it occurs in the fourth line of said section, and insert in lieu thereof the word November, and strike out the word first where it occurs on the third line of said section and insert in lieu thereof the word fifteenth.

The amendment of Mr. Harrison was adopted.

Mr. Pearce offered the following amendment, which was read at length:

Amend Section 5 in the sixth line, after the word election by adding the words or appointment.

And the amendment was adopted.

And Section 5, as amended, was adopted.

SECTION SIX.

Sec. 6. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected and shall have been citizens of the United States ten years, and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President pro tem from among its own members who shall discharge the duties of the Lieutenant Governor in the Senate, whenever he is absent or disqualified.

Was read at length.

Mr. Spraggins offered the following amendment, which was read at length:

To amend Section 6 by adding at the end thereof Abut the Lieutenant Governor, when acting as President of the Senate, shall have no right to vote, except in the event of a tie.

The amendment was adopted.

And Section 6, as amended, was adopted.

SECTION SEVEN

Sec. 7 The Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Su-


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perintendent of Education, and Commissioner of Agriculture and Industries shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they have been elected, and with the exception of the Lieutenant Governor, shall reside at the Capital. After the adoption of this Constitution, the compensation of the Governor shall be five thousand dollars per annum, which shall not be thereafter increased or diminished during the term for which he shall have been elected.

Mr. Vaughan submitted the following minority report:

The undersigned member of the Committee on Executive Department does not concur in the report of the Committee as to Section 7, and he offers as a substitute for Section 7, the following:

Sec. 7. The Governor, Lieutenant Governor, Secretary of State, State Auditor and Attorney General shall receive compensation for their services which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, and shall except the Lieutenant Governor, reside at the State Capital during the time they continue in office, except in cases of epidemic.

Mr. Vaughan asked unanimous consent to offer the following amendment to Section 7 of the minority report:

Amend Section 7 by adding thereto State Treasurer after the words Secretary of State in the first line of the section; and the words Commissioner of Agriculture and Industries after the words State Auditor in the same line.

Consent was given, and the amendment was adopted.

Mr. Henderson offered the following amendment to the minority report which was read at length:

Amend Section 7 of the minority report by striking out the words Lieutenant Governor from the first line of said section.

Mr. deGraffenried moved to table the amendment offered by Mr. Henderson, and the motion prevailed.


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Mr. Howze offered the following amendment, which was read at length:

Amend Section 7 of the minority report by adding the following: The Lieutenant Governor shall be paid the same compensation as that received by the Speaker of the House, except when serving as Governor, when he shall receive the salary of said office.

And the amendment was adopted.

Mr. deGraffenried moved to table the minority report, and the motion was lost.

Yeas, 37; nays, 90.

YEAS.

Messrs. President,                                                       Macdonald,

Beddow,                                                                     Merrill,

Bethune,                                                                      Morrisette,

Boone,                                                                         Norwood,

Brooks,                                                                        Gates,

Burnett,                                                                       O’ Neal (Lauderdale),

Carmichael (Coffee),                                                  Palmer,

Dent,                                                                           Pitts,

deGraffenried,                                                            Rogers (Lowndes),

Fitts,                                                                            Sanders,

Gilmore,                                                                      Selheimer,

Graham (Talladega),                                                    Smith (Mobile),

Heflin (Randolph),                                                      Smith, Morgan M.,

Howell,                                                                       Tayloe,

Inge,                                                                           Waddell,

Jones (Bibb),                                                              Watts

Jones (Montgomery),                                                  White,

Lomax,                                                                       Wilson (Clarke)-37.

Lowe (Jefferson),

NOES.

Almon,                                                                        Bartlett,

Altman,                                                                       Beavers,

Ashcraft,                                                                     Blackwell,

Banks,                                                                        Browne,

Barefield,                                                                    Bulger,


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Messrs. Almon,                       Long (Butler),

Byars,                                      Long (Walker),

Carmichael (Colbert),               Lowe (Lawrence),

Case,                                       McMillan (Wilcox),

Chapman,                                Malone,

Cobb,                                      Martin,

Cofer,                                      Maxwell,

Coleman (Greene),                  Miller (Marengo),

Coleman (Walker),                  Miller (Wilcox),

Cornwell,                                Moody,

Craig,                                      Murphree,

Cunningham,                           Opp,

Davis (DeKalb),                      O’ Rear,

Davis (Etowah),                      Parker (Cullman),

Duke,                                      Parker (Elmore),

Eley,                                        Pearce,

Eyster,                                     Pettus,

Espy,                                       Pillans,

Ferguson,                                Porter,

Fletcher,                                  Proctor,

Foster,                                     Reese,

Freeman,                                 Rogers (Sumter),

Glover,                                    Sanford,

Greer (Calhoun),                     Searcy,

Greer (Perry),                          Sentell,

Handley,                                 Smith, Mac. A.,

Harrison,                                 Sorrell,

Heflin (Chambers),                 Spears,

Henderson,                             Spragins,

Hodges,                                  Stewart,

Hood,                                     Studdard,

Howze,                                   Thompson,

Jackson,                                  Vaughan,

Jenkins.                                   Walker,

Jones (Hale),               Weakley,

Jones (Wilcox),                       Weatherly,

Knight,                                    Whiteside,

Ledbetter,                               Williams (Barbour),

Leigh,                                      Wilson (Washington),

Locklin,                                   Winn-90.


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Mr. Pettus offered the following amendment, which was read at length:

Amend section of the minority report by striking out the word State where it appears respectively before the word Auditor and Treasurer in the first line of said section; and inserting the words Superintendent of Education after the word General in the second line of said section.

The amendment was adopted.

Mr. Burns offered the following amendment, which was read at length:

Amend by inserting after salary and per diem.

The amendment of Mr. Burns was lost.

Mr. Vaughan moved to adopt the minority report for Section, as amended, and the motion prevailed.

Yeas, 88; nays, 41.

YEAS.

Messrs. Almon,                                                           Duke,

Altman,                                                                       Eley,

Ashcraft,                                                                     Eyster,

Barefield,                                                                    Espy,

Bartlett,                                                                       Ferguson,

Beavers,                                                                      Fletcher,

Blackwell,                                                                   Foster,

Browne,                                                                      Freeman,

Bulger,                                                                        Glover,

Burns,                                                                         Greer (Calhoun),

Byars,                                                                         Greer (Perry),

Carmichael (Colbert),                                                  Handley,

Case                                                                            Harrison,

Chapman,                                                                    Heflin (Chambers),

Cobb                                                                           Henderson,

Cofer,                                                                          Hinson,

Coleman (Greene),                                                      Hodges,

Coleman (Walker),                                                      Hood,

Cornwell,                                                                    Jackson,

Cunningham,                                                               Jenkins,

Davis (DeKalb),                                                          Jones (Bibb),

Davis (Etowah),                                                          Jones (Hale),


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Jones (Wilcox),                                                           Pillans,

Knight,                                                                        Porter,

Ledbetter,                                                                   Proctor,

Leigh,                                                                          Reese.

Locklin,                                                                       Rogers (Sumter),

Long (Butler),                                                             Searcy,

Long (Walker),                                                            Sentell,

Lone (Lawrence),                                                        Sloan,

McMillan (Wilcox),                                                     Smith, Mac. A.,

Malone,                                                                       Sorrell,

Martin,                                                                        Spears,

Maxwell,                                                                     Spragins,

Miller (Marengo),                                                        Stewart,

Miller (Wilcox),                                                           Thompson,

Moody,                                                                       Vaughan,

Murphree,                                                                    Walker,

Opp,                                                                            Weakley,

O’ Rear,                                                                       Weatherly,

Parker (Cullman),                                                        Whiteside,

Parker (Elmore),                                                          Williams (Barbour),

Pearce,                                                                         Wilson (Washington).

Pettus,                                                                         Winn-88.

NAYS

Messrs. President,                                                       Howell,

Banks,                                                                         Howze,

Beddow,                                                                     Inge,

Bethune,                                                                      Jones (Montgomery),

Boone,                                                                         Lomax,

Brooks,                                                                        Macdonald,

Burnett,                                                                       Merrill,

Carmichael (Coffee),                                                  Morrisette

Craig,                                                                          Norman,

Dent,                                                                           Norwood,

deGraffenried,                                                            Oates,

Fitts,                                                                            O’ Neal  (Lauderdale),

Gilmore,                                                                      Palmer,

Graham (Montgomery),                                               Pitts,

Graham (Talladega),                                                    Rogers (Lowndes),

Heflin (Randolph),                                                      Sanders,


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Sanford,                                                                      Waddell,

Selheimer,                                                                   Watts,

Smith (Mobile),                                                           White,

Smith, Morgan M.,                                                      Wilson (Clarke)-41.

Tayloe,

And Section 7, as amended, was adopted.

SECTION EIGHT.

Sec. 8. The Governor shall take care that the laws be faithfully executed.

Was read at length and adopted.

ADJOURNMENT.

On motion of Mr. Jones, of Montgomery, the Convention adjourned until 10 o’clock to-morrow morning.

__________

TWENTY‘FIRST DAY.

CONVENTION HALL.

Montgomery, Ala., Saturday, June15, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Gay of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum:

Messrs. President,                                                       Beavers,

Almon,                                                                        Beddow,

Altman,                                                                       Bethune,

Banks,                                                                         Blackwell,

Barefield,                                                                    Boone,

Bartlett,                                                                       Brooks,


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CONSTITUTIONAL CONVENTION.

Browne,                                                                      Inge,

Burns,                                                                          Jackson,

Byars,                                                                          Jenkins,

Carnathon,                                                                  Jones (Bibb),

Case,                                                                           Jones (Hale),

Chapman,                                                                    Jones (Montgomery),

Cobb,                                                                          Knight,

Cofer,                                                                          Ledbetter,

Coleman (Greens),                                                      Leigh,

Cornwell,                                                                    Locklin,

Craig,                                                                          Lomax,

Cunningham                                                                Long (Walker),

Davis (DeKalb),                                                          Lowe (Jefferson),

Davis (Etowah),                                                          Macdonald,

Dent,                                                                           Martin,

deGraffenried,                                                           Maxwell,

Duke,                                                                          Merrill,

Eley,                                                                            Morrisette,

Eyster,                                                                         Mulkey,

Ferguson,                                                                    Murphree,

Fitts,                                                                            NeSmith,

Fletcher,                                                                      Norman,

Foshee,                                                                        Oates,

Foster,                                                                         O’ Neal  (Lauderdale),

Freeman,                                                                     O’ Neal  (Jefferson),

Gilmore,                                                                      Opp,

Glover,                                                                        Palmer,

Graham (Montgomery),                                              Parker (Cullman),

Graham (Talladega),                                                   Parker (Elmore),

Grant,                                                                          Pearce,

Greer (Calhoun),                                                         Pettus,

Greer (Perry),                                                              Pillans,

Handley,                                                                     Pitts,

Harrison,                                                                     Porter,

Heflin, (Chambers),                                                    Proctor,

Heflin (Randolph),                                                      Renfro,

Henderson,                                                                 Reynolds (Chilton),

Hinson,                                                                       Rogers (Lowndes),

Hodges,                                                                      Rogers (Sumter),

Hood,                                                                         Samford,

Howze,                                                                       Sanders,


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Sanford,                                                                      Tayloe,

Searcy,                                                                        Vaughan,

Selheimer,                                                                   Waddell,

Sentell,                                                                        Walker,

Sloan,                                                                          Watts,

Smith (Mobile),                                                           Weatherly,

Smith, Mac. A.,                                                           White,

Smith, Morgan M.,                                                      Whiteside,

Sorrell,                                                                        Williams (Barbour),

Spears,                                                                        Wilson (Clarke),

Spragins,                                                                     Wilson (Clarke),

Stewart,                                                                       Winn-121.

Studdard,

LEAVES OF ABSENCE.

Was granted to Messrs. Miller, of Marengo, for to-day and Monday; Parker, of Elmore for Monday; O’ Rear until Monday; Kirk for yesterday and to-day; Malone for to-day; Carmichael of Colbert, for to-day; Lowe, of Lawrence, for to-day; Thompson for to-day; Jones, of Wilcox, for to-day; Ashcraft for to-day; Howell for to-day; Miller, of Wilcox, for to-day; Burnett for to-day; Reese for to-day; Foshee for to-day; Kirkland for to-day.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the twentieth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR. Chairman.

QUESTION OF PRIVILEGE.

Mr. Long, of Walker, arose to a question of personal privilege and proceeded to state his question of privilege.


285

CONSTITUTIONAL CONVENTION.

Mr. Pettus raised the point of order that the remarks of Mr. Long, of Walker, did not cover a question of privilege.

The point of order was sustained.

Mr. Long, of Walker, appealed from the decision of the Chair.

The Chair was sustained.

PRIVILEGES OF THE FLOOR.

On motion of Mr. Hinson the privileges of the floor were extended to Hon. R. H. Clarke, of Mobile.

UNFINISHED BUSINESS.

Mr. Pettus moved that the rules be suspended and that the Convention proceed to the consideration of the unfinished business which was the report of the Committee on Executive Department.

The motion was lost.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 372, by Mr. Rogers, of Sumter:

Relates to the duty and the powers of the Joint Convention and the Speaker of the House in canvassing the returns of the State elections.

The ordinance was referred to the Committee on Executive Department.

Ordinance 373, by Mr. Cofer:

To be entitled an ordinance to define in part the duties of Lieutenant Governor of the State, as provided for by this Convention.

The ordinance was referred to the Committee on Executive Department.

Ordinance 374, by Mr. Craig:

To amend Section 1 of Article VIII of the Constitution of Alabama.


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JOURNAL OF ALABAMA

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 375, by Mr. Greer, of Perry:

To provide for the filling of vacancies in certain offices in the several counties of the State.

The ordinance was referred to the Committee on Judiciary.

Ordinance 376, by Mr. Hinson:

An ordinance to establish an inferior court in cities of five thousand inhabitants or more, and to abolish the office of Justice of the Peace in such cities.

The ordinance was referred to the Committee on Judiciary.

RESOLUTIONS ON FIRST READING.

The following resolutions were offered, severally, read one time at length and referred to appropriate committees, as follows:

Resolution 1462, by Mr. deGraffenried:

Resolved, that after next Monday this Convention shall meet regularly each day at 10 o’clock in the morning and shall remain in session from that time until 1 o’clock p. m., when a recess shall be taken to 3 p. m., and the Convention shall remain in session until 5 p. m., when the Convention shall stand adjourned until 10 o’clock a. m. of the succeeding day.

The resolution was referred to the Committee on Rules.

Resolution 147, by Mr. Long, of Walker:

Whereas, There appears in The Montgomery Advertiser of this State an editorial reflecting upon the honesty of purpose of a majority of this Convention;

Therefore, be it resolved, that this Convention hereby condemns said editorial as unjust and unwarranted coming, as it does, from a Democratic newspaper that prints subsidized seventy dollars per day resolutions of the proceedings of this Convention.

Mr. Long, of Walker, moved that the rules be suspended, and the motion prevailed.


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CONSTITUTIONAL CONVENTION.

Mr. Watts moved to table the resolution; the motion prevailed, and the resolution was tabled.

Resolution 148, by Mr. Harrison:

Resolved, that when this Convention adjourns to-day it adjourn to meet at 12 o’clock m. on Monday.

The rules were suspended, and the resolution was adopted.

Resolution 149, by Mr. Eyster:

Resolved, That the courtesies and privileges of the floor of the Convention be extended to Hon. William D. Jelks, Governor of Alabama; Charles E. Waller and E. M. Robinson.

The rules were suspended and the resolution was adopted.

Resolution 150, by Mr. Browne:

Resolved, That the report of the Committee on Taxation be set for the special order of this Convention, to be taken up and considered by sections, immediately after the conclusion of the existing special orders.

The resolution was referred to the Committee on Rules.

Mr. Browne moved that the rules be suspended and the resolution be adopted, the motion was lost, and the resolution was referred to the Committee on Rules.

Resolution 151, by Mr. O’ Neal , of Lauderdale:

Resolved, by the people of Alabama, in Convention Assembled, That it is the sense of this Convention that the General Assembly should, at its first meeting after the ratification of this Constitution, fix the salary of the Governor of Alabama at five thousand dollars per annum; provided, the same can be done without an increase of taxation in this State.

The resolution was referred to the Committee on Executive Department.

Resolution 152, by Mr. Jones, of Montgomery:

Resolved, That hereafter there shall be no call for introduction of resolutions or ordinances; but any member desiring to introduce a resolution or ordinance shall send it to the clerk’s desk at any time, and the President, at such time during the day as he may deem proper, shall have such ordinance or resolution read and referred to the appropriate committee.


288

JOURNAL OF ALABAMA

The resolution was referred to the Committee on Rules.

RECOMMITTAL OF ORDINANCE.

Mr. Smith, of Mobile, chairman of the Committee on Judiciary, returned to the Convention ordinance 240:

To dispense with the necessity of indictment in certain felony cases.

And requested that the same be referred to the Committee on Preamble and Declaration of Rights. The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Mr. Foster, chairman of the Committee on Amending the Constitution and Miscellaneous Provisions, returned to the Convention ordinance 304:

To regulate primary elections in the State of Alabama,

And requested that the same be referred to the Committee on Suffrage and Elections.

The ordinance was referred to the Committee on Suffrage and Elections.

UNFINISHED BUSINESS.

The Convention then proceeded to the consideration of the unfinished business, which was the report of the Committee on Executive Department, which was an ordinance to create and define the Executive Department.

The question being upon the adoption of Section 9, which was read at length:

Sec. 9. The Governor may require information in writing, under oath, from the officers of the Executive Department named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the condition, management, and expenses of their respective offices and institutions. Any such officer or manager


289

CONSTITUTIONAL CONVENTION.

who makes a willfully false report, or fails without sufficient excuse to make such report when demanded, is guilty of an impeachable offense.

Mr. Walker offered the following amendment, which was read one time at length:

Amend by striking out the words such report when demanded, on line seven, and insert in their stead the words the required report on demand.

Mr. Hinson moved to table the amendment offered by Mr. Walker; the motion of Mr. Hinson was lost, and the amendment of Mr. Walker was adopted.

Section 9, as amended, was thereupon adopted.

SECTION TEN.

Sec. 10. The Governor may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of government or at a different place, if since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infectious or contagious diseases, he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.

Was read at length.

Mr. Sanford offered the following amendment to Section 10, which was read at length:

Amend Section 10 by adding at the end of the fifth line the words and the General Assembly shall at that time consider no other subject.

The amendment was lost.

Mr. Maxwell offered the following amendment to Section 10, which was read at length:

Amend Section 10 of Article V by inserting in line four the word and after the word diseases.

The amendment of Mr. Maxwell was adopted.

Mr. Fitts moved that Section 10, as amended, be adopted as a whole, and the motion of Mr. Fitts prevailed.


290

JOURNAL OF ALABAMA

SECTION ELEVEN.

Sec. 11. The Governor shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient; and at the commencement of each regular session of the General Assembly, and at the close of his term of office, give information by written message of the condition of the State; and he shall account to the General Assembly, as may be prescribed by law, for all moneys received and paid out by him, or by his order; and, at the commencement of each regular session, he shall present to the General Assembly estimates of the amount of money required to be raised by taxation for all purposes.

Was read at length and adopted.

SECTION TWELVE.

See. 12. The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commutations of sentence and pardons. The Attorney General, Secretary of State, and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions for pardon or commutations or paroles, in cases of felony; and the Board shall hear them in open session , and give their opinion in writing to the Governor thereon, after which or on the Board’s failure to advise for more than sixty days, the Governor may grant or refuse the commutation parole or pardon, as to him seems best for the public interest. He shall communicate to the General Assembly at each session, each case of reprieve, commutation, parole or pardon, with his reasons therefore, and the opinion of the Board of Pardons in each case required to be referred; stating the name, the crime of the convict, the sentence, its date, and the date of reprieve, commutation, parole or pardon. Pardons in cases of felony and other offenses involving the crimen falsi shall


291

CONSTITUTIONAL CONVENTION.

not relieve from civil and political disabilities, unless specifically expressed in the pardon.

Was read at length.

Mr. Walker offered the following amendment to Section 12, which was read at length:

Amend by striking out the words crimen falsi in line 14, and insert in their stead the words involving moral turpitude.

The amendment was accepted by the chairman of the Committee on Executive Department, and was thereupon adopted.

Mr. Pettus offered the following amendment to Section 12, which was read at length:

Amend by striking out the words Attorney General in the third line of said section, and inserting in lieu thereof the words Treasurer.

Mr. Sanford moved to table the amendment offered by Mr. Pettus and the motion to table prevailed.

Mr. Jones, of Montgomery, offered the following amendment which was read at length:

Amend Section 12, line six, by adding after the word felony in line six, the words except in cases of impeachment.

And the amendment was adopted.

Mr. Smith of Mobile, offered the following amendment, which was read at length:

To amend Section 12 by inserting in the ninth line after the word interest the following: Provided, the Governor shall have power to suspend the execution of any sentence until the Board of Pardons shall have acted.

Mr. Boone moved to table the amendment offered by Mr. Smith, of Mobile, and the motion to table prevailed.

Mr. Coleman, of Greene, offered the following amendment, which was read at length:

Amend Section 12 by adding the words at the end of section and approved by the Board of Pardon.

And the amendment was adopted.

Mr. Lomax offered the following amendment, which was read at length:


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JOURNAL OF ALABAMA

Amend by inserting in line ten, before the word reprieve, the words the remission of fines and forfeitures.

And the amendment was adopted.

Mr. Fitts moved that Section 12, as amended, be adopted.

The motion of Mr. Fitts prevailed, and Section 12, as amended, was thereupon adopted as a whole.

SECTION THIRTEEN.

Sec. 13. Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approves, he shall sign it, but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large upon the Journal, and proceed to reconsider it. If the Governor’s message proposes amendment which would remove his objections, the House to which it is sent may so amend the bill, and send it with the Governor’s message to the other House, which may adopt, but cannot amend said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor and acted on by him as on other bills. If the House to which the bill is returned refuses to make such amendment, it shall proceed to reconsider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill, it shall be sent, with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number of that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall proceed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every case the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill, shall be entered upon the Journals of each House respectively. If any bill shall not be returned by the Governor, Sundays ex-


293

CONSTITUTIONAL CONVENTION.

cepted, within six days after it shall have been presented, the same shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjournment or recess, prevent its return, in which case it shall not be a law; but bills presented to the Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final adjournment, if approved and deposited with the Secretary of State within that time. Every vote, order or resolution to which concurrence of both houses may be necessary, except questions of adjournment, and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor; and, before the same shall take effect be approved by him; or, being disapproved, shall be repassed by both Houses according to the rules and limitations prescribed in the case of a bill.

Mr. Jones, chairman of the Committee on Executive Department, submitted the following amendment for the committee, which was read at length:

Amend Section 13 by striking out the words or recess and by adding after the words in which cases it shall not be a law, the following words, but when return is prevented by a recess, such bill must be returned to the House in which it originated, within two days after reassembling, otherwise it shall become a law.

And the amendment was adopted.

Mr. Heflin, of Chambers, offered the following amendment which was read at length:

Amend Section 13 by striking out the words (beginning in line 21) but bills presented to the Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final adjournment, if approved and deposited with the Secretary of State within that time.

Mr. Fitts moved to table the amendment offered by Mr. Heflin, of Chambers, and the motion to table prevailed.

Mr. deGraffenried offered the following amendment, which was read at length:


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JOURNAL OF ALABAMA

Amend Section 13 by adding; after the words to reconsider it, in the forth line, the following: If the Governor’s message proposes no amendment which would remove his objection to the bill, the House in which the bill originated may proceed to reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the bill shall be sent to the other House which shall, in like manner, reconsider, and if a majority of the whole number elected to that House vote on the passage of the bill, the same shall become a law, notwithstanding the Governor’s veto.

Mr. Lowe, of Jefferson, moved to recommit Section 13 and amendments thereto to the Committee on Executive Department with the request that certain parts of said section be eliminated.

ADJOURNMENT.

Pending the further consideration of the motion of Mr. Lowe, the Convention adjourned to meet at 12 o’clock on Monday.

CCCB

TWENTY-SECOND DAY.

CONVENTION HALL.

Montgomery Ala., Monday, June 17, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphree of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:


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CONSTITUTIONAL CONVENTION.

Messrs. President,                                                       Grayson,

Almon,                                                                        Handley,

Altman,                                                                       Harrison,

Ashcraft,                                                                     Heflin (Chambers),

Banks,                                                                         Heflin (Randolph),

Barefield,                                                                    Hinson,

Bartlett,                                                                       Howell,

Beavers,                                                                      Howze,

Beddow,                                                                     Inge,

Bethune,                                                                      Jenkins,

Blackwell,                                                                   Jones (Bibb),

Brooks,                                                                        Jones (Hale),

Bulger,                                                                        Jones (Montgomery),

Burnett,                                                                       Kirk,

Burns,                                                                          Kirkland,

Byars,                                                                          Knight,

Cardon,                                                                       Kyle,

Carmichael (Colbert),                                                  Ledbetter,

Case,                                                                           Leigh,

Chapman,                                                                    Locklin,

Cobb,                                                                          Lomax,

Cofer,                                                                          Long (Butler),

Coleman (Greene),                                                      Long (Walker),

Craig,                                                                          Lowe (Jefferson),

Davis (DeKalb),                                                          Lowe (Lawrence),

Dent,                                                                           Macdonald,

deGraffenried,                                                             McMillan (Baldwin),

Duke,                                                                          Malone,

Eley,                                                                            Martin,

Eyster,                                                                         Maxwell,

Espy,                                                                           Merrill,

Ferguson,                                                                    Miller (Wilcox),

Fitts                                                                             Morrisette,

Fletcher,                                                                      Mulkey,

Foster,                                                                         Murphree,

Foshee,                                                                        NeSmith

Freeman,                                                                     Norman,

Gilmore,                                                                      Norwood,

Glover,                                                                        Oates,

Graham (Montgomery),                                              O’ Neal  (Lauderdale),

Graham (Talladega).                                                   O’ Rear,

Grant,                                                                          Palmer,



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Parker (Cullman),                                                       Sorrell,

Pettus,                                                                        Spears,

Phillips,                                                                       Spragins,

Pillans,                                                                        Stewart,

Porter,                                                                        Studdard,

Proctor,                                                                      Tayloe,

Reese,                                                                       Thompson,

Reynolds (Chilton),                                                    Vaughan,

Reynolds (Henry),                                                      Walker,

Robinson,                                                                    Watts,

Rogers (Lowndes),                                                     Weakley,

Rogers (Sumter),                                                         Weatherly,

Samford,                                                                     Willett,

Sanders,                                                                      Williams (Barbour),

Sanford,                                                                      Williams (Elmore),

Sentell,                                                                        Wilson (Clarke),

Sloan,                                                                          Wilson (Washington).

Smith (Mobile),                                                           Winn-121.

Smith, Mac. A.,

LEAVES OF ABSENCE.

Was granted to Messrs. Searcy for to-day; Fitts for to-day, to-morrow and Wednesday; M. M. Smith for to-day; Hodges for to-day; Sollie for to-day and to-morrow; Frank N. Julian for to-day and to-morrow; Jackson for to-day and to-morrow; Boone for to-day; Greer Calhoun for to-day; Whiteside for to-day; Eyster for to-day, Tuesday and Wednesday; Henderson for to-day; Greer of Perry for to-day; White for to-day; Waddell for to-day; Davis of Etowah for to-day; Hood for to-day; Coleman of Walker, for Saturday and to-day; Cardon for to-day; Moody for to-day.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-first day of the Convention and that the same is correct.

Respectfully submitted.

JOHN F. PROCTOR, Chairman.


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CONSTITUTIONAL CONVENTION.

Mr. Beddow asked unanimous consent to be allowed to introduce a resolution, which reads as follows:

Resolution 153, by Mr. Beddow:

Whereas, This Convention has now been in session twenty-one working days, and

Whereas, Not a single article of the proposed new Constitution has yet been adopted; and

Whereas, At the present rate of progress it will take some months to revise the Constitution, and

Whereas, This body will thereby subject itself to the unjust criticism that members are causing delay at the expense of the taxpayers of this State;

Therefore, Be it Resolved, That it is the sense of this Convention, that notwithstanding the length of time consumed by this Convention in so revising the said Constitution, that no per diem be allowed any member in excess of fifty days.

Mr. Beddow moved the suspension of the rules in order that the resolution might be placed upon its immediate passage. The motion was lost, and the resolution was referred to the Committee on Rules.

QUESTION OF PERSONAL PRIVILEGE.

Mr. Long, of Walker, arose to a question of personal privilege growing out of a recent editorial in The Montgomery Advertiser.

Mr. Long, of Walker, offered the following resolution, which was read at length:

Resolution 154, by Mr. Long, of Walker:

Whereas, There appears in The Montgomery Advertiser of the 15th inst. an editorial under the caption of A Discouraging Vote, reflecting seriously upon the honesty of a two-thirds majority of this Convention;

Therefore, Be it resolved, That the said editorial is hereby condemned as unwise and unwarranted.

Mr. Long, of Walker, moved the suspension of the rules in order that the resolution might be placed upon its immediate passage. The motion was lost and the resolution was referred to the Committee on Rules.



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ORDINANCES ON FIRST READING.

The following ordinances were introduced by unanimous consent, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 377, by Mr. O’ Neal , of Lauderdale:

To amend Section 21 of Article IV of the Constitution of Alabama:

The ordinance was referred to the Committee on Legislative Department.

Ordinance 378, by Mr. Oates:

Prescribing the number of Grand Jurors, and for the suppression of crime.

The ordinance was referred to the Committee on Judiciary.

Ordinance 379, by Mr. deGraffenried:

To amend Section 7 of Article I of the Constitution of the State of Alabama.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 380, by Mr. Kyle:

To amend Section 14 of the Constitution on Banks and Banking.

SUSPENSION OF THE RULES.

Mr. Morrisette moved the suspension of the Rules, which motion prevailed, and then moved that the privileges of the floor be extended to the ministers of the city who so kindly opened the exercises of the Convention with prayer.

Mr. Pettus moved to amend the motion of Mr. Morrisette by adding the name of Judge J. J. Arnold, a distinguished member of the Legislature.

The amendment was accepted, and the motion, as amended, was adopted.


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CONSTITUTIONAL CONVENTION.

Mr. Blackwell introduced, by unanimous consent, the following petition, which was read at length and referred to the Committee on Taxation:

Petition No. 1:

STATE OF ALABAMA,

Morgan County,

Court of County Commissioners,

Decatur, Ala., June 15, 1901.

To the Honorable Constitutional Convention, Montgomery, Ala.:

The undersigned Commissioners’ Court of Morgan County, Alabama, respectfully ask and request your honorable body not to reduce the present rate of one-half of 1 per cent allowed for special taxes, and we respectfully ask that the Commissioners’ Court be allowed this special tax for the building and repairing the court houses, jails and public bridges and public roads of the

several counties in this State.

The people of our county are not asking any reduction in this special rate of taxation, but on the contrary, are clamoring for the privilege of paying a special tax for the improvement of our public roads.

Our county is traversed by many streams which require bridges to accommodate the traveling public. One-fourth of one per cent will not permit us to keep these bridges and our court house and jail in proper repair.

We therefore ask and urge that you allow the present rate of one-half of one per cent of taxation for these special purposes to remain as it is, with the words public roads added thereto.

Very respectfully,

WM. E. SKEGGS,

A. F. MURRAY,

S. P. LOVELADY,

M. W. RATLIFF,

S. R. GARRISON.


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REPORT OF COMMITTEE ON RULES.

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, submitted the following report of the Committee on Rules:

Resolution 150, with a favorable report:

Resolved, That the report of the Committee on Taxation be set for the continuing special order of the Convention to be taken up and considered by sections immediately after the conclusion of the existing special orders.

Resolution 155, with favorable report:

Resolved, That rule eleven be amended so as to read as follows:

When any delegate is about to speak or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to the President; provided, that while the report of any committee is under consideration, the members of the committee may exchange seats with other members of the Convention.

Each of the foregoing resolutions was read at length.

Mr. Smith moved that the rules he suspended and the resolutions be adopted, and the motion prevailed, and the resolutions were adopted.

Mr. Smith, of Mobile, acting chairman on behalf of the Committee on Rules, submitted the following substitute for resolution 146, which was read at length:

The substitute reads as follows:

Resolved, That after the passage of this resolution this Convention shall meet regularly each day at 10 o’clock in the morning, and shall remain in session from that time to l o’clock p. m., when a recess shall be taken to 3 p. m., and the Convention shall remain in session until 5 p.m., when the Convention shall stand adjourned until l0 o’clock a. m. of the succeeding day.

Mr. Smith of Mobile moved that the resolution and substitute be laid upon the table until next Thursday, and from day to day thereafter, until called up for action by the Convention, and the motion prevailed.


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CONSTITUTIONAL CONVENTION.

Mr. Dent asked unanimous consent to introduce a resolution. Consent was given, and the resolution was read at length:

Resolution 156, by Mr. Dent:

That when this Convention adjourn, it adjourn to meet again at 3 o’clock p. m. to-day.

Mr. Dent moved that the rules be suspended and the resolution be placed upon its immediate passage. The motion was lost, and the resolution was referred to the Committee on Rules.

Mr. O’ Neil, of Lauderdale, asked unanimous consent to introduce the resolution, which was read at length.

Resolution 157, by Mr. O’ Neal , of Lauderdale:

Resolved, That on account of the limited capacity of the Convention Hall, hereafter the privileges of the floor shall not be extended to any person except by unanimous vote of the Convention.

Mr. Samford moved that the rules be suspended and the resolution be adopted, and the motion of Mr. Samford prevailed, and the resolution was adopted.

Mr. Graham, of Talladega, was given unanimous consent to introduce the resolution 158, which was read at length.

Resolution 158, by Mr. Graham, of Talladega:

Resolved, That the thanks of this Convention are hereby tendered to the Western Railway of Alabama for courtesies recently extended on the occasion of the funeral of Gov. W. J. Samford, to members of this Convention through Gen. George P. Harrison; also to Superintendent J. C. Clarke of the Mobile & Ohio Railroad for courtesies recently extended to a special committee of this Convention.

Mr. Graham, of Talladega, moved that the rules be suspended and the resolution be placed upon its immediate passage.

The motion prevailed, and the resolution was adopted.

Mr. Willett moved to adjourn, but withdrew the motion in order that Mr. Jones, of Montgomery, might state a question of:



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PERSONAL PRIVILEGE.

Mr. Jones, of Montgomery, denied the authorship of a recent editorial in The Montgomery Advertiser, in which there were expressions complimentary to him. He stated further that he had not seen or heard of the editorial in question until he found the same in print upon his desk in the hall of the Convention.

Mr. Willett renewed his motion to adjourn, but the Convention refused to adjourn, and proceeded to the consideration of the:

UNFINISHED BUSINESS.

Which was the ordinance to create and define the Executive Department.

The question being upon the motion of Mr. Lowe, of Jefferson, to recommit, with certain recommendations to the Committee on Executive Department Section 13 of the amendments thereto.

Mr. deGraffenried was given unanimous consent to introduce the following amendment, which was read at length:

Strike from the section all that precedes the words if any bill in the eighteenth line thereof, and in lieu thereof insert the following: Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it to that House in which it shall have originated, who shall enter the objections at large upon the Journal; and the House to which the bill shall be returned shall proceed to reconsider it; if after such reconsideration, a majority of the whole number elected to that House shall vote for the passage of such bill, it shall be sent, with the objections, to the other House, by which it shall likewise be reconsidered; if approved by a majority of the whole number elected to that House, it shall become a law, but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the Journals of each House respectively.


303

CONSTITUTIONAL CONVENTION.

ADJOURNMENT.

Pending the further consideration of the motion of Mr. Lowe, of Jefferson, the hour of 1 o’clock p. m. arrived under tile rules the Convention stood adjourned until 10 o’clock tomorrow morning.

________

TWENTY‘THIRD DAY

CONVENTION HALL.

Montgomery, Ala., June 18, 1901

The Convention met pursuant to adjournment Prayer was offered by Rev. Mr. Murphree of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum:

Messrs. President,                                                       Carmichael (Coffee),

Almon,                                                                        Carnathon,

Altman,                                                                       Case,

Ashcraft,                                                                     Chapman,

Banks,                                                                         Cobb,

Barefield,                                                                    Cofer,

Bartlett,                                                                       Coleman (Greene),

Beavers,                                                                      Cornwall,

Beddow,                                                                     Craig,

Bethune,                                                                      Davis (DeKalb),

Blackwell,                                                                   Davis (Etowah),

Boone,                                                                         Dent,

Brooks,                                                                        deGraffenried,

Browne,                                                                      Duke,

Bulger,                                                                        Eley,

Burnett,                                                                       Espy,

Burns,                                                                          Ferguson,

Byars,                                                                          Fitts,

Cardon,                                                                       Fletcher,

Carmichael (Colbert),                                                  Foshee,


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Foster,                                                                         Maxwell,

Freeman,                                                                     Merrill,

Gilmore,                                                                      Miller (Marengo),

Glover,                                                                        Miller (Wilcox),

Graham (Montgomery),                                              Moody,

Graham (Talladega),                                                   Morrisette,

Grant                                                                           Mulkey,

Grayson,                                                                      Murphree,

Greer (Calhoun),                                                         NeSmith,

Greer (Perry),                                                              Norman,

Haley,                                                                          Norwood

Handley,                                                                     Oates,

Harrison,                                                                     O’ Neal  (Lauderdale),

Heflin, (Chambers),                                                     O’ Neal  (Jefferson),

Heflin (Randolph),                                                      Opp,

Henderson,                                                                  O’ Rear,

Hinson,                                                                        Palmer,

Hodges,                                                                       Parker (Cullman),

Hood,                                                                          Parker (Elmore),

Howell,                                                                       Pearce,

Howze,                                                                        Pettus

Inge,                                                                            Phillips,

Jenkins,                                                                       Pillans,

Jones (Bibb),                                                               Porter,

Jones (Hale),                                                               Proctor,

Jones (Montgomery),                                                  Reese,

Jones (Wilcox),                                                           Reynolds (Chilton),

King,                                                                           Reynolds (Henry),

Kirk,                                                                            Robinson,

Kirkland,                                                                     Rogers (Lowndes),

Knight,                                                                        Rogers (Sumter),

Kyle,                                                                           Samford,

Ledbetter,                                                                   Sanders,

Leigh,                                                                          Sanford,

Lomax                                                                         Searcy,

Long (Butler),                                                             Selheimer,

Long (Walker),                                                            Sentell,

Lowe (Lawrence),                                                       Sloan,

Macdonald,                                                                 Smith (Mobile),

McMillan (Baldwin),                                                  Smith, Mac. A.

McMillan (Wilcox),                                                     Smith Morgan M.,

Martin,                                                                        Sorrell,


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Spears,                                                                        Weatherly

Spragins,                                                                     White,

Stewart,                                                                       Whiteside,

Studdard,                                                                    Willett,

Tayloe,                                                                        Williams (Barbour),

Thompson,                                                                  Williams (Marengo),

Vaughan,                                                                     Williams (Elmore),

Waddell,                                                                     Wilson (Clarke),

Walker,                                                                        Wilson (Washington).

Watts,                                                                          Winn-145.

Weakley,

LEAVE OF ABSENCE

Was granted to Messrs. Sollie, Malone and Renfroe for to-day.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-second day of the Convention and that the same is correct.

Respectfully submitted

JOHN F. PROCTOR, Chairman.

QUESTION OF PERSONAL PRIVILEGE.

Mr. Long, of Walker, arose to a question of personal privilege, and stated that an editorial published in The Montgomery Advertiser of June 17th, under the head of ˜Remarkable Foresight’ did him and the two-thirds of the members of the Convention a gross injustice.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length and referred to appropriate committees as follows:


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JOURNAL OF ALABAMA

Ordinance 381, by Mr. Williams, of Marengo:

To establish a whipping post.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 382, by Mr. Pettus:

To prevent and prohibit intermarriage of negroes and whites.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 383, by Mr. Browne:

To amend Section 5 of Article XIII of the Constitution. (Relates to schools.)

The ordinance was referred to the Committee on Education.

Ordinance 384, by Mr. Cofer:

An ordinance to amend Section 25 of Article II of the Constitution.

The ordinance was referred to the Committee on Judiciary.

Ordinance 385, by Mr. Davis, of Etowah:

To amend Section 7 of Article II of the Constitution.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 386, by Mr. Lomax:

Relating to the government of the University, and the payment of interest of the University fund.

The ordinance was referred to the Committee on Education.

Ordinance 387, by Mr. Murphree:

Ordinance authorizing the reducing of the expense of administering small estates.

The ordinance was referred to the Committee on Judiciary.

Ordinance 388, by Mr. Greer of Calhoun:

An ordinance to fix the date of the election of city officers in the State of Alabama.

The ordinance was referred to the Committee on Municipal Corporations.



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CONSTITUTIONAL CONVENTION.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows:

Resolution 159, by Mr. Graham, of Talladega:

Resolved, That it is the sense of this Convention that the present appropriation of $550,000 and the special one mill tax, which approximates $250,000, for public schools, shall not be reduced or repealed by this Convention, either directly or indirectly.

The resolution was referred to the Committee on Education.

Resolution 160, by Mr. Browne:

Resolved That the sympathy of this Convention be and the same is hereby extended to its worthy Secretary, Frank N. Julian, in his sorrow and bereavement in the death of his brother, William Julian.

Mr. Reese moved that the rules be suspended and the resolution, No. 160, be placed upon its immediate passage. The rules were suspended, and the resolution was adopted.

Resolution 161, by Mr. Burns:

Resolved, That it is the sense of this Convention that what should not be done directly, should not be done indirectly; and that after the rules have been suspended for any special purpose amendments should not be in order.

The resolution was referred to the Committee on Rules.

Resolution 162, by Mr. Burns:

Resolved That whenever a delegate precedes his motion to table with a speech, or at the close of a speech calls for the previous question, he shall be declared out of order.

The resolution was referred to the Committee on Rules.

Resolution 163, by Mr. Burns:

Resolved, That it is the sense of this Convention that each and every official of each and every district, municipality, county, circuit, division, from township trus-


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tees to chancellors, shall be elected by the qualified electors thereof, and that all State officials, including Railroad Commissioners and Convict Inspectors.

The resolution was referred to the Committee on Executive Department.

Resolution 164, by Mr. Carmichael, of Coffee:

Be it resolved, That in the future petitions, memorials etc., containing more than 100 words, be referred without reading to the proper committees, and printed in the stenographic report.

The resolution was referred to the Committee on Rules.

Resolution 165, by Mr. Sloan:

Whereas, on account of the limited time of three hours each day for the sitting of this Convention, and

Whereas, it is impossible to accomplish any material work on the regular order in a session of one hour,

Therefore, be it resolved, That when this Convention adjourns on Saturday it meet on Mondays at 10 o’clock.

The resolution was referred to the Committee on Rules.

Resolution 166, by Mr. Harrison:

Resolved, That all speeches on amendments and ordinances reported by standing committees, be limited to five minutes each.

The resolution was referred to the Committee on Rules.

PETITIONS.

Petition No. 2, by Mr. Blackwell (by request):

Mr. President and Members of the Alabama Constitutional Convention:

Realizing the fact that no member of the negro race is represented in your august body to speak one word for us, we must appeal to you in this manner. Being Southern born, of ex-slaves, Southern raised, within the city where you are now in session, and having spent my energies among my people in this State for thirty years,



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CONSTITUTIONAL CONVENTION.

I represent the product of Alabama negro manhood. I speak the sentiments of thousands of my race whose timidity locks their mouths.

We have made many errors since emancipation. We were weaker than now, and prone to mistakes. But, gentlemen, could you have looked for perfection in a race of ignorant liberated people? No matter how ignorant we were thirty years ago, and no matter how intelligent we become one hundred years from now, yet the fact remains the same-that then, now and henceforth we realize that the negro’s best friend is the Southern white man. You have proven your genuine friendship to us all along. You have given us work at any trade at which we were proficient. You have given us good schools, gone into your own pockets to educate us. You have given us counsel when we were in need of advice, for all of which we are grateful, and we hope we have proven the same to you. Do not expect more of us than of any other race at the same stage of development. We know that the salvation of the negro is in your hands. You can make us industrious, contented, loyal and useful citizens or you can make us shiftless, discontented and good for nothing. You are framing a Constitution for future government of generations of negroes of Alabama as well as of other races. We are interested, because we are law abiding and must live up to your new Constitution or get out. Say to us, forsooth, that you are black, that your hair is kinky, or features Hamitic, or say that forsooth some negro blood is in your veins, you cannot enjoy the franchise in Alabama, and you at once relegate us to the ranks of a brute. We would have not one incentive to go forward. You would cripple an already weak race.

We are among you, and satisfied. It was not of our own free will that we are here. Like other nations of the Far East, we did not migrate here and force ourselves upon you. Had we done so it might be fair and conservative that you say to us get out, or drive us out by discriminative methods that were basely unjust. But, gentlemen, we were snatched from our motherland, heathens. By the providence of God we were brought


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JOURNAL of ALABAMA

here, and for three hundred years toiled for you as your slaves.

American slavery, though wrong, was a blessing to us. In its school of three hundred years we learned trades, language, customs and the religion of Jesus Christ. There is a just God, who guards the destiny of nations, and in His own time slavery was abolished and we were left among you, ignorant of franchise and government, with no education or character.

Be conservative to us, gentlemen. Do not deal a crushing blow. A blow from you at this critical moment-with no flag except the glorious Stars and Stripes for which we have bled and died; no friend except you, whose fathers and mothers we have guarded from harm, and you yourself whom we have cherished and cared for while the Southern man fought for a lost cause-would be as Brutus’ dagger of steel warming its blade in the life blood of Caesar. The tickle of our hoe has made your hands laugh forth in harvest. Our axe has cleared your forests. We have built your cities. Our pick has sunk down into the bowels of the earth and thrown up iron and coal. We emerged from slavery and went at once to work at whatever price you valued our labor. We do not cause any organic disturbance by strikes. We are striving to fit ourselves for citizenship. We petition and implore you to not disturb our content by an unjust franchise. If you place an educational qualification that touches all alike we are satisfied. In short, we, though only thirty-five years old, are willing to be weighed in the scale of manhood and measured with a tape of justice.

Alabama, one of the greatest States of the Union; one upon whom the eyes of the world are turned at present, a State whose alphabetical arrangement stands first of the States of the greatest country of God’s creation (a country upon whose territory the sun never sets), cannot afford to disfranchise several hundred thousand of its citizens, cannot afford to remove the public educational fund from them. An educated dog is worth a hundred good-for-nothing curs. We do not demand anything of you. We cannot demand if we would. We


311

CONSTITUTIONAL CONVENTION.

simply entreat you as honest citizens to frame a Constitution that will not disgrace the wisdom of Alabama; that will not cause us to degenerate; that will not cause us discontent; that will not cause us to doubt your friendship which we have cherished for nearly four hundred years. Frame a Constitution that will be a pride of the State-one that we will be proud of, as well as you; one that will benefit both races. Frame a Constitution that will place you at the head of the column of sister States where you belong. Do not drive us into degradation. What incentive would a ten thousand dollar property qualification be to us?

Don’t drive us from you; we are here, and want to remain. God intended us to be here, and He intends us to remain. Had it not been so we would have perished long ago. Before the onward tread of Anglo-Saxon civilization races have vanished more rapidly than extinction from shot and shell or bayonet. The New Zealander, Pacific Islander and American Indian have all gone to their graves; they were not able to withstand the environments of the Nineteenth century civilization. No race, save the American negro, has been able to gaze into the blue eyes of the Anglo-Saxon for centuries and live. God so constructed us of better stamina. We have lived, increased and prospered. Remember, gentlemen, that might is not at all times right. Judge not the whole race by its criminals. All races have them and the better element of us, as of you, abhor crime and do not wish to be called criminals because we have criminals in our race.

The Constitution that you frame shall live as an everlasting monument, not of stone or brass, nor Egyptian, to crumble and decay under the chemical changes of time-but shall stand out prominent above all other Alabama documents after death and the grave have claimed you. It shall live on after God has called you to rest. Unborn generations of negroes and whites look up to it after your flesh has been devoured by the earth worm, your homes bleached in the tomb, and your soul given account for, your earthly transit.


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JOURNAL OF ALABAMA

Whether this monument will be one of honor or disgrace to the name of our fair State, to its citizens, both black and white, and to you, will depend upon your election.

Respectfully,

WILLIS E. STEERS M.D.

Decatur, Alabama.

Mr. Greer, of Calhoun, moved that the petition be not recorded as a part of the official proceedings of the Convention.

Mr. Howell moved to lay upon the table the motion of Mr. Greer, of Calhoun, and the motion of Mr. Howell prevailed.

Mr. Howell moved that the petition be referred to the Committee on Suffrage and Elections.

The motion prevailed, and the petition was referred to the Committee on Suffrage and Elections.

Mr. Case offered the following petition, which was read at length:

Petition 3, by Mr. Case:

Collinsville, Ala., June 13, 1901.

To the Alabama Constitutional Convention, Montgomery, Ala.:

Whereas, under National Interstate laws large trusts have and are being formed all over the country, with almost unlimited capital; and

Whereas, the trust companies from without the State of Alabama commonly known as department stores, without contributing one cent in revenues toward the payment of the expenses of maintaining and supporting our State government, either in privilege or ad valorem taxes, are flooding the State with circulars, catalogues and agents, plying their trade, advertising their goods and supplying the consumers with many articles, same being actually delivered by the said agents,


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CONSTITUTIONAL CONVENTION.

and whereas the resident merchants of this State are required to pay taxes before they can sell their goods, now, therefore, in consideration of the premises, your petitioners respectfully pray that the delegates to the said Constitutional Convention of the State of Alabama examine into the merits of this momentous question to the end that some clause may be engrafted in our State Constitution by which these non-resident trusts and department stores may be reached, and required to pay their pro rata share of our State taxes, or upon their failure or refusal to do so, that they may be denied the privilege of delivering their goods, wares and merchandise in the State of Alabama.

HALLS DRY GOODS CO.,

GEO. W. ROBERTS,

B. A. NOWLIN,

BYRON & CO.,

M. G. A. NICHOLSON,

NICHOLSON DRUG CO.,

H. P. MCWHARTER,

R. A. BURT,

B. KEINAN,

R. E. ROBERTS,

CHAS. ROBERTS & CO.,

GEO. W. KEENER,

R. S. WILLIAMS & CO.,

H. R. JORDAN & SON,

C. C. JORDAN,

W. A. WILBURNS CO.,

J. E. GIBSON,

R. H. SMITH.

The petition was referred to the Committee on Taxation.

The hour of 11 o’clock having arrived, the Convention, under the rules, suspended the roll call for the intro-



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duction of ordinances, resolutions, petitions and memorials, and proceeded to the consideration of

UNFINISHED BUSINESS.

Which was the report of the Committee on Executive Department, which was an ordinance To create and define the Executive Department.

The question being on the motion of Mr. Lowe, of Jefferson, to recommit Section 13 and the amendments thereto, to the Committee on Executive Department.

Mr. Jones, of Montgomery, moved the previous question on the motion of Mr. Lowe, of Jefferson. The previous question was ordered, and the Convention refused to recommit Section 13 and pending amendments.

The question recurred upon the pending amendment offered by Mr. deGraffenried on Saturday, the 15th.

The amendment read as follows:

To amend Section 13 by, adding after the words to reconsider it in the fourth line of the following:

If the Governor’s message proposes no amendment which would remove his objection to the bill, the House in which the bill originated may proceed to reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the bill shall be sent to the other House, which shall, in like manner, reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the same shall become a law, notwithstanding the Governor’s veto.

And the amendment was adopted.

The question then recurred upon the amendment offered by Mr. deGraffenried, which reads as follows:

Amendment No. 2:

Strike from the Section all that precedes the words:

if any bill in the eighteenth line thereof, and in lieu thereof insert the following:

Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approve, he shall sign it; but, if not, he shall return


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it to that House from which it shall have originated, who shall enter the objection at large upon the Journal; and the House to which the bill shall be returned shall proceed to reconsider it; if after such consideration a majority of the whole number elected to that House shall vote for the passage of such bill, it shall be sent, with the objections, to the other House, by which it shall likewise be considered; if approved by a majority of the whole number elected to that House it shall become a law, but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the Journal of each House respectively.

Mr. deGraffenried then offered the following amendment to the amendment No. 2, which reads:

Amend caption of amendment No. 2 by striking from the same all after the words to reconsider it in the fourth line down to and including the word respectively in the eighteenth line, and inserting in lieu thereof the following:

Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approve, but, and the amendment to the amendment was laid upon the table.

Mr. Murphree offered the following substitute to Section 13 and pending amendments, which was read at length:

Substitute for the report of the Committee on Executive Department and amendments thereto, as follows:

That Section 13 of Article V of the Constitution of 1875 be adopted in full, with the addition that the Governor may approve bills within ten days after final adjournment, if approved and deposited with the Secretary of State within that time.

Mr. Wilson, of Washington, moved the previous question on the substitute. The previous question was ordered, and the substitute offered by Mr. Murphree was lost.

Mr. Samford moved that the amendment No. 2, offered by Mr. deGraffenried, be laid upon the table, and the


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motion to table prevailed, and the amendment was laid upon the table.

Mr. Fitts moved the previous question on Section 13, as amended, and the previous question was ordered.

Mr. Smith, Mac. A., moved a reconsideration of the vote by which the previous question was ordered, and on that Mr. Whiteside called for the yeas and nays. The call was not sustained.

And the motion of Mr. Smith, Mac A., was lost.

The main question was then put, and Section 13, as amended, was adopted.

SECTION FOURTEEN.

Sec. 14. The Governor shall have power to approve or disapprove any item or items of any bill making appropriations embracing distinct items and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto; and he shall in writing, state specifically the item or items he disapproves, setting forth the same out in haec verba, in his message; but in such case the enrolled bill shall not be returned with the Governor’s objection.

Was read at length.

Mr. Brooks offered the following amendment, which was read at length:

Amend Section 14 of an ordinance to create and define the Executive Department, by striking out the same and inserting the following:

Sec. 14. The Governor shall have power to approve or disapprove any item of any bill embracing distinct items of appropriation and the portion of the bill approved shall be the law. He shall, in his message specifically set out in full, as the same appears in such bill, the item disapproved, which shall be void unless repassed, according to the rules prescribed for the passage of other bills over the Executive veto; and the enrolled bill shall not be returned with the Governor’s objection.


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CONSTITUTIONAL CONVENTION.

Mr. Espy moved that the amendment offered by Mr. Brooks be laid upon the table.

The motion of Mr. Espy prevailed, and the amendment of Mr. Brooks was laid upon the table.

Mr. Long, of Butler, offered the following amendment, which was read at length:

Amend Section 14 by striking out the words in haec verba where they appear in line six, and inserting the words in full.

Mr. O’ Neal , of Lauderdale, moved that the amendment of Mr. Long, of Butler, be laid upon the table.

The motion of Mr. O’ Neal , of Lauderdale, was lost, and the amendment of Mr. Long, of Butler, was adopted.

Mr. Fitts moved that Section 14, as amended, be adopted. The previous question was ordered, and Section 14, as amended, was adopted.

SECTION FIFTEEN.

Sec. 15. In case of the Governor’s removal from office, death, or resignation, the Lieutenant Governor shall become Governor. If both the Governor and Lieutenant Governor are removed from office, die, or resign, prior to the next general election thereafter, for members of the General Assembly, the Governor and Lieutenant Governor shall be elected at such election for the unexpired term. In case of the impeachment of the Governor, his absence from the State, unsoundness of mind, or other disability, the power and authority of the office shall devolve, in the order herein named, upon the Lieutenant Governor, President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, State Auditor, Secretary of State, and State Treasurer; if any of these officers be under any of the disabilities herein specified, the office of Governor shall be administered in the order named by these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or relieved from other disability. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor who shall enter upon


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the duties of Governor; if both the Governor and Lieutenant Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President pro tem of the Senate, who shall enter upon the duties of the Governor, and so on, in case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Governor, until the Governor or other officers entitled to administer the office in succession to the Governor, returns. If the Governor-elect fails or refuses from any cause to qualify, the Lieutenant Governor-elect shall qualify, and exercise the duties of the Governor’s office until the Governor-elect qualifies; and in the event both the Governor-elect and Lieutenant Governor-elect, from any cause, fail to qualify, the President pro tem of the Senate, the Speaker of the House of Representatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, administer the government until the Governor or Lieutenant Governor-elect qualifies.

Was read at length.

The Committee on Executive Department, through its chairman, Mr. Jones, of Montgomery, offered the following amendment which was read at length:

Amend Section 15 of the third line by striking out the word thereafter in the third line and substituting in lieu thereof thereafter the words after their election.

And the amendment was adopted.

Mr. Williams, of Barbour, offered the following amendment which was read at length:

Amend Section 15 by inserting after the words unexpired term in the fifth line, the following sentence:

And in the event of a vacancy in the office, caused by the removal from office, death or resignation of the Governor, and Lieutenant Governor, pending such vacancy and until their successors shall be elected and qualified, the office of Governor shall be held and administered by either the President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, Auditor, Secretary of State or Treasury, and in the order herein named.

The amendment was adopted.


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CONSTITUTIONAL CONVENTION.

Mr. Pettus offered the following amendment, which was read at length:

Amend Section 15 of Article V by striking out the words the President pro tem of the Senate, in lines 22 and 23 of said section.

Mr. Jones, of Montgomery, moved that the amendment of Mr. Pettus be laid upon the table, and the motion prevailed, and the amendment was laid upon the table.

Mr. Fitts moved that Section 15, as amended, be adopted, and upon that motion he demanded the previous question. The previous question was ordered, and Section 15 of the ordinance as amended, was adopted.

SECTION SIXTEEN.

Sec. 16. If the Governor or other officer administering the office shall become of unsound mind, it shall be the duty of the Supreme Court of Alabama, upon request in writing of any two of the officers named in Section 15, not next in succession to the Governor, to ascertain the mental condition of the Governor, or other officer exercising the office-and if he is of unsound mind, to so certify upon its minutes; a copy of which, duly certified, shall be filed in the office of the Secretary of State; and in that event, it shall be the duty of the officer next in succession to perform the duties of Governor, until the Governor or other officer exercising the office is restored to his mind.

Was read at length.

Mr. Jones, of Montgomery, chairman acting for the Committee on Executive Department, offered the following amendment, which was read at length:

Amend Section 16, line 2, by adding after the words Alabama the words Aunder such relegations as it may prescribe.

Mr. Macdonald offered the following amendment to the amendment offered by the committee, which was read at length:

To amend Section 15 of Article V by adding the following words:


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The request in writing hereinabove provided for shall be verified by the affidavit of those making such request. And the Supreme Court shall prescribe rules of practice in such proceedings, which rules shall include a provision for the service of notice on the Governor of such proceeding, and a method of taking testimony therein.

ADJOURNMENT.

Pending the further consideration of the substitute and the amendments, and the hour of 1 o’clock p. m. having arrived, the Convention, under the rules, adjourned until to-morrow morning at 10 o’clock.

__________

TWENTY-FOURTH DAY.

CONVENTION HALL.

Montgomery, Ala., Tuesday, June 19, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphree of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum:

Messrs. President,                                                       Boone,

Almon,                                                                        Brooks,

Altman,                                                                       Browne,

Ashcraft,                                                                     Bulger,

Banks,                                                                         Burnett,

Barefield,                                                                    Burns,

Bartlett,                                                                       Byars,

Beavers,                                                                      Cardon,

Beddow,                                                                     Carmichael (Colbert),

Bethune,                                                                      Carmichael (Coffee),

Blackwell,                                                                   Carnathon,


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Case,                                                                           Jackson,

Chapman,                                                                    Jenkins,

Cobb,                                                                          Jones (Bibb),

Gofer,                                                                          Jones (Hale),

Coleman (Greene),                                                      Jones (Montgomery),

Cornwell,                                                                    Jones (Wilcox),

Craig,                                                                          Kirk,

Cunningham,                                                               Kirkland,

Davis (DeKalb),                                                          Knight,

Davis (Etowah),                                                          Kyle,

Dent,                                                                           Ledbetter,

deGraffenried,                                                            Leigh,

Duke,                                                                          Lomax,

Eley,                                                                            Long (Butler),

Eyster,                                                                         Long (Walker),

Espy,                                                                           Lowe (Jefferson),

Ferguson,                                                                    Lowe (Lawrence),

Fitts,                                                                            Macdonald,

Foshee,                                                                        McMillan (Baldwin,

Foster,                                                                         McMillan (Wilcox),

Freeman,                                                                     Malone,

Gilmore,                                                                      Martin,

Glover,                                                                        Maxwell,

Graham (Montgomery),                                              Merrill

Graham (Talladega),                                                   Miller (Marengo),

Grant,                                                                          Miller (Wilcox),

Grayson,                                                                      Moody,

Greer (Calhoun),                                                         Morrisette,

Greer (Perry),                                                              Mulkey,

Haley,                                                                          Murphree,

Handley,                                                                     NeSmith,

Garrison,                                                                     Norman,

Heflin (Chambers),                                                      Norwood,

Heflin (Randolph),                                                      Oates,

Henderson,                                                                  O’ Neal  (Lauderdale),

Hinson,                                                                        O’ Neal  (Jefferson),

Hodges,                                                                       Opp,

Hood,                                                                          O’ Rear,

Howell,                                                                       Palmer,

Howze,                                                                        Parker (Cullman),

Inge,                                                                            Parker (Elmore),


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Pearce,                                                                        Smith, Morgan M.,

Pettus,                                                                         Sorrell,

Phillips,                                                                       Spears,

Pillans,                                                                         Spragins,

Pitts,                                                                            Stewart,

Porter,                                                                         Studdard,

Proctor,                                                                       Tayloe,

Reese,                                                                          Thompson,

Renfro,                                                                        Vaughan,

Reynolds (Chilton),                                                    Waddell,

Reynolds (Henry),                                                      Walker,

Robinson,                                                                    Watts

Rogers (Lowndes),                                                     Weakley,

Rogers (Sumter),                                                         Weatherly,

Samford,                                                                     White,

Sanders,                                                                      Whiteside,

Sanford,                                                                      Willett,

Searcy,                                                                        Williams (Barbour),

Selheimer,                                                                   Williams (Marengo),

Sentell,                                                                        Williams (Elmore),

Sloan,                                                                          Wilson (Clarke),

Smith (Mobile),                                                           Wilson (Washington),

Smith, Mac. A.,                                                           Winn-150.

LEAVE OF ABSENCE

Was granted to Mr. Opp for last Monday.

REPORT OF JOURNAL COMMITTEE.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-third day of the Convention and found the same to be correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman


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CONSTITUTIONAL CONVENTION.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Resolution 167, by Mr. NeSmith:

Whereas, this Convention, at the conclusion of its labors, should issue an address to the people of Alabama, outlining briefly the changes made, and showing the superiority of the new Constitution over the one under which we are now living;

And, whereas, should a committee be speedily appointed for the purpose, such address would be better and more easily prepared;

Therefore, be it resolved, That the President of this Convention be empowered to appoint a committee of twelve, of which he shall be the chairman, to draft such an address.

The resolution was referred to the Committee on Rules.

Resolution 168, by Mr. Oates:

Resolved, That inasmuch as the printed acts of the last session of the General Assembly are so voluminous as to make them unwieldy and easily destructible that the Secretary of State be directed to leave them bound as follows:

The General Laws in one volume, the General and Local Laws together in two volumes, and the State Auditor is hereby authorized to give his warrant on the Treasurer for the cost of the additional bindings, at the rate provided for in the contract for the public printing.

The resolution was referred to the Committee on Schedule, Printing, and Incidental Expenses.

Resolution 169, by Mr. Williams, of Marengo:

Whereas, The Convention has incurred considerable expense in obtaining a stenographic report of the proceedings of the Convention, and whereas, the wisdom of the reports appears more apparent every day, and whereas, as a ready reference the reports are a failure as they now are, and whereas, an index would add greatly to the value of the reports;


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Now, therefore, be it resolved by the Convention, That as soon as the Convention shall have adjourned sine die, that the Secretary of State be and he is hereby authorized to contract with some reliable party who shall make a complete index of said report and shall place the same in each of the volumes of the reports heretofore ordered kept for the use of the State, and shall further cause to be printed in some paper in Alabama the said index, so that those people of Alabama who are preserving the reports may easily obtain a copy of said index for their use and preservation.

The resolution was referred to the Committee on Rules.

Resolution 170, by Mr. Greer, of Perry:

Resolution of welcome to the Alabama Press Association:

Whereas, the press of Alabama is recognized as the most potent factor in disseminating information and in molding public opinion throughout every county, city, town, hamlet, and rural district of the State of Alabama; and

Whereas, The press of Alabama as a majority, has ever been found on the side of the people, and of law and order on all questions affecting the public weal, and in no time in its history has it failed to secure an endorsement of its fight for right, law and justice; and

Whereas, This Constitutional Convention owes, in a large measure, this assembling of the representatives of the people to the efforts of the press of. Alabama, whose voice was almost as a unit for the call of the Convention; and

Whereas, a close scrutiny of the columns of the State press will show that it is to-day promulgating every act of this Convention, discussing and dissecting the same, so that each and every voter may be enabled to vote intelligently on the question of endorsement or refusing to endorse the action of this Convention; and

Whereas, The Alabama Press Association will meet in annual session in the city of Montgomery on Thursday and Friday of this week,


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Therefore, be it resolved, by the people of Alabama, in Convention assembled, That the editors, their wives, daughters, sons and friends, composing this association, be extended an invitation to attend upon the meetings of this Convention during their stay in this city.

Be it further resolved, That this Convention invite the criticisms of the press of Alabama with reference to the arduous task now confronting this body, in formulating a new organic law, believing as we do that these intelligent criticisms will redound not only to the ratification of our acts, but that the people will thereby be apprised of the efforts now being made by their representatives to fulfill their duties honestly, fearlessly and conscientiously.

Be it further resolved, That this Convention extends best wishes to those members who shall take the happy outing to the Pacific coast, and that their trip may prove one of pleasure and of profit, and that they may return to their homes feeling that they have been rewarded in garnering information that will aid them in their progressive strides towards placing their State at the head of the realm, in progress, and education, as she now stands in natural resources, and acknowledged possibilities

Mr. Greer, of Perry, moved that the rules be suspended and that the resolution 170 be placed upon its immediate passage. The motion was lost, and the resolution was referred to the Committee on Schedule, Printing and Incidental Expenses.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance 389, by Mr. O’ Neal , of Jefferson:

To relieve agents of firms or corporations in this State of license tax not charged outside the State to agents of firms or corporations doing business in Alabama.


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The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 390, by Mr. Spears:

An ordinance authorizing and making it the duty of the Commissioners’ Court of St. Clair county to erect a suitable court house and jail at some place in said county on the south side of Back Bone Mountain, where all the courts are to be held for the trial of all causes and the transaction of all legal business originating in and pertaining to the people residing in beats 9, 10, 11, 12, 13, 14, 15, 16 17, 18, 19, 20, and 21, of said county.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 391, by Mr. Whiteside:

An ordinance to prevent discrimination in privilege taxes.

The ordinance was referred to the Committee on Legislative Department.

Mr. Browne asked unanimous consent that a communication from a committee of the Alabama Educational Association, now in session in the city of Montgomery, be read by the Secretary. The communication was read at length as follows:

Montgomery, June 19, 1901.

Hon. J. B. Graham, Chairman Committee on Education; Hon. Cecil Browne, Chairman Committee on Taxation:

My Dear Sirs: At a regular meeting of the Alabama Educational Association Tuesday, June 18th, the following resolution was adopted:

Resolved That the hour of 4:30 p. m. Wednesday be the hour set apart for the discussion of Local Taxation for School Purposes, and that a committee be appointed to invite the Constitutional Convention Committees on Education and Taxation to meet with this association at that hour.


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CONSTITUTIONAL CONVENTION.

The following committee, in accordance with above resolution, have the honor to invite you and your committees to be present at the above named hour, and we trust you will be with us and participate in the discussion.

Respectfully,

J. D. HUMPHREY,

J. W. ABERCROMBIE,

C. C. THACH,

J.  SAVAGE,

J. B. CUNNINGHAM

The Convention then proceeded to the consideration of the:

UNFINISHED BUSINESS.

The report of the Committee on Executive Department which was an ordinance to create and define the Executive Department.

The question being upon the amendment of Mr. Macdonald to the amendment to Section 16 offered by the Committee can Executive Department, which reads as follows:

Amend paragraph 16, line 2, by adding after the words Alabama the words under such regulations as it may prescribe.

And the amendment of Mr. Macdonald reads as follows:

To amend Section 16 of Article V by adding the following words:

The request in writing hereinabove provided for shall be verified by the affidavit of those making such request. And the Supreme Court shall prescribe rules of practice in such proceedings which rules shall include a provision for the service of notice on the Governor of such proceeding and a method of taking testimony therein.

Pending the consideration of the amendment offered by Mr. Macdonald, Mr. O’Neil, of Lauderdale, moved that the vote by which Section 15 was passed on yesterday be reconsidered, and the motion prevailed.

Mr. O’ Neal  offered the following amendment, which was read at length:


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JOURNAL OF ALABAMA

Amend Section 15, line 6, by adding after the word State on line 6, for more than twenty days.

The amendment was adopted.

The question then recurred upon the adoption of Section 15, as amended, and Section 15, as amended, was adopted.

The question then recurred upon the amendment of Mr. Macdonald to the amendment offered by the Committee on Executive Department to Section 16 of the ordinance.

The amendment of Mr. Macdonald was adopted.

Mr. O’ Neal  then offered the following amendment to the amendment offered by the committee to Section 16, which was read at length:

Amend by adding after the word Governor or other officer administering the office.

And the amendment of Mr. O’ Neal , of Lauderdale, was adopted.

The question then recurred upon the adoption of the amendment of the committee, as amended, and the amendment as amended, was adopted.

Mr. Pillans offered the following amendment, which was read at length:

Resolved, That Section 16 of Article V be amended as follows:

By adding after the word shall in the first line of Section 16, and before the word become in that line, the words appear to have, so that said line may read if the Governor or other officer administering the office shall appear to have become of unsound mind.

And the amendment was adopted.

Mr. Watts offered the following amendment, which was read at length:

Amend Section 16, Executive Department. Insert after minutes, line 5, the following:

And when said investigation shall be ordered, the officer next entitled to the office of Governor, according to the provisions of Section 15, shall assume the duties of said office and discharge the same until said investigation has been concluded, and decision rendered therein.


329

CONSTITUTIONAL CONVENTION.

Mr. deGraffenried moved to table the amendment offered by Mr. Watts, and the motion to table prevailed.

Mr. Jones, of Montgomery, chairman, acting for the Committee on Executive Department, offered the following amendment, which was read at length:

Amend Section 16 by striking out the period at the end thereof, and inserting in lieu thereof a semicolon; and by adding the following words, when the incumbent denies that the Governor, or other person entitled to administer the office, has been restored to his mind, the Supreme Court, at the instance of any officer named in Section 15, shall ascertain the truth concerning the same, and, if the officer has been restored to his mind, shall so certify on its minutes and file a duly certified copy thereof with the Secretary of State, and in that event his office shall be restored to him.

And the amendment was adopted.

Mr. Ferguson offered the following amendment, which was read at length:

Provided, however, that if any court of competent jurisdiction in this State, upon inquiry into the same shall ascertain according to the rules of law in such cases, that such Governor, or any of said officers in said line of succession and exercising said office, is of unsound mind, the mode of inquiry first above set out shall be deemed unnecessary; and the certificate of the judge or clerk of such court adjudging such fact shall be filed in the office of the Secretary of State; and in that event it shall be the duty of the officer next in succession to perform the duties of Governor until the Governor or such other officer is restored to his mind.

Mr. Samford moved to table the amendment offered by Mr. Ferguson, and the motion to table prevailed.

Mr. Samford moved the adoption of Section 16, as amended, and demanded the previous question. The previous question was ordered, and Section 16, as amended, was adopted.


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JOURNAL OF ALABAMA

SECTION SEVENTEEN.

Sec. 17. The Lieutenant Governor, the President pro tem of the Senate, and the Speaker of the House of Representatives, shall receive during the time they respectively administer the government, like compensation as that fixed for the Governor; provided, if the General Assembly shall be in session during the time such officer may administer the office of Governor, they shall receive no compensation as officers or members of the General Assembly.

Was read at length.

Mr. Jones, of Montgomery, chairman, acting for the Committee on Executive Department, offered the following substitute for Section 17, which was read at length:

Strike out Section 17, as now written and insert in lieu thereof the following words:

Sec. 17. The Lieutenant Governor, President pro tem of the Senate, Speaker of the House, Attorney General, State Auditor, Secretary of State, and State Treasurer, while administering the office of Governor, shall receive like compensation, and no other than that prescribed by law for the Governor.

Mr. Jones, of Montgomery, moved the adoption of the substitute. The motion prevailed, and the substitute was adopted.

And Section 17, as amended was thereupon adopted.

SECTION EIGHTEEN

Sec. 18. No person shall at one and the same time hold the office of Governor of this State, and any office, civil or military, either under this State or the United States, of any other State government, except as otherwise provided in this Constitution.

Was read at length.

Mr. Jones, of Montgomery, chairman, acting for the Committee, moved the adoption of Section 18. The motion prevailed, and Section 18 was adopted.


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CONSTITUTIONAL CONVENTION.

SECTION NINETEEN.

Sec. 19. The Governor shall be commander-in-chief of the militia and volunteer forces of this State, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion; but need not command in person unless directed to do so by resolution of the General Assembly, and when acting in the service of the United States, he shall appoint his staff and the General Assembly shall fix his rank.

Mr. Jones, of Montgomery, chairman, acting for the committee, moved the adoption of Section 19. The motion prevailed, and Section 19 was adopted.

SECTION TWENTY.

Sec. 20. The Governor shall not appoint any member of the General Assembly, during the term for which he shall have been elected, to any office.

Was read at length.

Mr. Jones, of Montgomery, chairman, acting for the committee, offered the following amendment, which was read at length:

Amend Section 20 by striking out the word he where it occurs therein and insert words such member.

And the amendment was adopted.

Mr. Sanders offered the following amendment, which was read at length:

To amend Section 20 by adding after the word office in the second line, the following words, created during said term.

Mr. Thompson offered the following substitute for the amendment of Mr. Sanders, and the entire section, which was read at length:

See. 20. No member of the General Assembly shall, during the term for which he shall have been elected, be appointed to any office of profit in this State which shall have been created or the emoluments of which shall have been increased during the term for which such member has been elected.


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Mr. Samford moved to lay upon the table the amendment and substitute, and upon that motion the yeas and nays were demanded.

The call was sustained, and the amendment and substitute were laid upon the table.

Yeas, 76; nays, 68.

YEAS.

Messrs. Ashcraft,                                                        Jones (Hale),

Barefield,                                                                    Jones (Montgomery),

Beavers,                                                                      Jones (Wilcox),

Bethune,                                                                      Kirk,

Blackwell,                                                                   Kirkland,

Chapman,                                                                    Knight,

Cobb,                                                                          Leigh,

Cofer,                                                                          Locklin,

Coleman (Greene),                                                      Lowe (Jefferson),

Cornwell,                                                                    Lowe (Lawrence),

Craig,                                                                          Macdonald

Cunningham,                                                               McMillan (Baldwin),.

Davis (DeKalb),                                                          Malone,

Dent,                                                                           Maxwell,

deGraffenried,                                                            Merrill,

Duke,                                                                          Miller (Marengo),

Eley,                                                                            Miller (Wilcox),

Espy,                                                                           Morrisette,

Ferguson,                                                                    Mulkey,

Fletcher,                                                                      Norwood,

Gilmore,                                                                      Oates,

Glover,                                                                        O’ Neal  (Lauderdale),

Graham (Talladega)                                                     O’ Neal  (Jefferson),

Grant,                                                                          Opp,

Greer (Calhoun),                                                         Palmer,

Greer (Perry),                                                              Phillips,

Handley,                                                                     Porter,

Henderson,                                                                  Reynolds (Henry),

Hodges,                                                                       Robinson,

Howell,                                                                       Rogers (Sumter),

Howze,                                                                        Samford,

Inge,                                                                            Sanford,

Jackson,                                                                       Sentell,


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Selheimer,                                                                   Vaughan,

Smith, Mac. A.,                                                           Weakley,

Smith, Morgan M.,                                                      White,

Spragins,                                                                     Williams (Marengo),

Stewart,                                                                       Winn-76.

Tayloe,

NAYS

Messrs. President,                                                       McMillan (Wilcox),

Almon,                                                                        Martin,

Altman,                                                                       Moody,

Bartlett,                                                                       Murphree

Beddow,                                                                     NeSmith,

Boone,                                                                        O’Rear,

Brooks,                                                                       Parker (Cullman),

Browne,                                                                      Parker (Elmore),

Bulger,                                                                        Pearce,

Burnett,                                                                       Pettus,

Burns,                                                                          Pillans,

Byars,                                                                          Proctor,

Cardon,                                                                       Reese,

Carmichael (Colbert),                                                  Renfro,

Carmichael (Coffee),                                                   Reynolds (Chilton),

Carnathon,                                                                  Rogers (Lowndes),

Case,                                                                           Sanders,

Davis (Etowah),                                                          Searcy,

Foshee,                                                                        Sentell,

Foster,                                                                         Sloan,

Freeman,                                                                     Smith (Mobile),

Grayson,                                                                      Sorrell,

Haley,                                                                          Studdard,

Harrison,                                                                     Thompson,

Heflin (Chambers),                                                     Waddell,

Heflin (Randolph),                                                      Walker,

Hinson,                                                                        Watts,

Hood,                                                                          Weatherly,

Jenkins,                                                                       Whiteside,

Jones (Bibb),                                                               Willett

Kyle,                                                                           Williams (Barbour),

Ledbetter,                                                                   Williams (Elmore),

Long (Butler),                                                             Wilson (Clarke).

Long (Walker),                                                            Wilson (Washington)-68.


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Mr. Samford moved the adoption of Section 20, as amended, and called for the previous question. The previous question was ordered.

Mr. Brooks moved that Section 20 and the amendments be laid upon the table.

The yeas and nays were demanded, and the call was sustained, and the motion off Mr. Brooks was lost.

YEAS.

Messrs. President.                                                       Miller (Marengo),

Almon,                                                                        Moody,

Bartlett,                                                                       NeSmith,

Brooks,                                                                        Oates,

Browne,                                                                      O’ Rear,

Bulger,                                                                        Parker (Cullman),

Burnett,                                                                       Parker (Elmore),

Byars,                                                                          Pearce,

Cardon,                                                                       Pettus,

Carmichael (Coffee),                                                  Pillans,

Case,                                                                           Proctor,

Davis (Etowah) ,                                                         Reese,

Eley,                                                                            Renfroe,

Foshee,                                                                        Reynolds (Chilton),

Porter,                                                                         Rogers (Lowndes)

Grayson,                                                                      Sanders,

Greer (Calhoun),                                                         Searcy,

Haley,                                                                          Sentell,

Harrison,                                                                     Sloan,

Heflin (Chambers),                                                     Smith (Mobile),

Heflin (Randolph),                                                      Sorrell,

Hinson,                                                                        Thompson,

Hood,                                                                          Waddell,

Jackson,                                                                      Walker,

Jenkins,                                                                       Watts,

Jones (Bibb),                                                               Whiteside,

Kyle,                                                                           Willett,

Long (Butler),                                                             Williams (Elmore),

Long (Walker),                                                            Wilson (Clarke),

McMillan (Wilcox),                                                     Wilson (Washington)-61.


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CONSTITUTIONAL CONVENTION.

NAYS.

Messrs. Altman,                                                          Knight,

Ashcraft,                                                                     Ledbetter,

Barefield,                                                                    Leigh,

Beavers,                                                                      Locklin,

Beddow,                                                                     Lowe (Jefferson),

Bethune,                                                                      Lowe (Lawrence),

Blackwell,                                                                   Macdonald,

Boone,                                                                         McMillan (Baldwin).

Carnathon,                                                                  Malone,

Chapman,                                                                    Maxwell,

Cobb,                                                                          Merrill,

Cofer,                                                                          Miller (Wilcox),

Coleman (Greene),                                                      Morrisette,

Cornwell,                                                                    Mulkey,

Craig,                                                                          Murphree,

Cunningham,                                                               Norman,

Davis (DeKalb),                                                          Norwood,

Dent,                                                                           O’ Neal  (Lauderdale),

deGraffenried,                                                             O’ Neal  (Jefferson),

Duke,                                                                          Opp,

Espy,                                                                           Palmer,

Ferguson,                                                                    Porter,

Fletcher,                                                                      Reynolds (Henry),

Freeman,                                                                     Robinson,

Gilmore,                                                                      Rogers (Sumter),

Glover,                                                                        Samford,

Graham (Talladega),                                                   Sanford

Grant,                                                                          Selheimer,

Greer (Perry),                                                              Smith, Mac. A ,

Handley,                                                                     Smith, Morgan M.,

Henderson,                                                                  Spragins,

Hodges,                                                                       Stewart,

Howell,                                                                       Tayloe,

Howze,                                                                        Vaughan,

Inge,                                                                            Weakley,

Jones (Hale),                                                               White,

Jones (Montgomery),                                                  Williams (Barbour),

Jones (Wilcox),                                                           Williams (Marengo),

Kirk,                                                                            Winn-79.

Kirkland,


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The question then recurred upon the motion of Mr. Samford to adopt Section 20, as amended. The motion of Mr. Samford prevailed, and Section 20, as amended, was adopted.

Mr. Pettus moved to reconsider the vote by which Section 20 was adopted, and gave notice that on to-morrow he would call up said motion for a reconsideration of the vote by which section 20 and the amendments thereto were adopted.

SECTION TWENTY-ONE.

Sec. 21. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, Superintendent of Education, Attorney General, or Commissioner of Agriculture and Industries, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years old when elected.

Was read at length.

Mr. Oates offered the following amendment, which was read at length:

Amend Section 21 by striking out the word State where it occurs before the words Auditor and Treasurer.

Mr. Jones, of Montgomery, moved to table the amendment offered by Mr. Oates. The motion of Mr. Jones, of Montgomery, prevailed, and the amendment of Mr. Oates was laid upon the table.

Mr. Chapman offered the following amendment, which was read at length:

Amend Section 21 by striking out the word twenty-five in the fifth line, and inserting therein the word thirty.

Mr. Jones, of Montgomery, moved to table the amendment offered by Mr. Chapman.

The motion prevailed, and the amendment was tabled.

Mr. Samford moved that Section 21 be adopted.

The motion prevailed, and Section 21, as amended, was adopted.


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CONSTITUTIONAL CONVENTION.

SECTION TWENTY-TWO.

Sec. 22. There shall be a Great Seal of State, which shall be used officially by the Governor, and the Seal now in use shall continue to be used, until another shall have been adopted by the General Assembly. Said seal shall be called The Great Seal of the State of Alabama.

Was read at length.

Mr. Jones, of Montgomery, chairman, acting for the committee, offered the following substitute for Section 22, which was read at length:

Sec. 22. Commemorative of the heroism of Emma Sanson, the Great Seal of the State, which shall be used officially by the Governor, shall consist of the figure of an officer on horseback, fully armed, and a young woman seated behind him, with her left hand pointing forward; and the legend I will show you the way. The Seal shall be called the Great Seal of the State of Alabama.

Messrs. Samford and Martin addressed the Convention at length in favor of the substitute.

Mr. Robinson offered the following amendment to the amendment offered by the committee, which was read at length:

Substitute for the amendment to Section 22, reported by the Committee on Executive Department, Commemorative of the origin of the name of the State of Alabama, the Great Seal of the State, which shall be used officially by the Governor, shall consist of the figure of an Indian Chief followed by a small band of warriors, who, in crossing a beautiful meadow, as he approaches the bank of a river, thrusts his spear into the earth, with the words inscribed on the scroll above his head, here we rest. The said Seal shall be called the Great Seal of Alabama.

Pending the further consideration of the substitute and amendment for Section 22, the hour of 1 o’clock p. m. arrived, but before adjournment the President of the Convention read the following communication from the President of the Constitutional Convention of the State of Virginia:


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JOURNAL OF ALABAMA

State Capitol, Richmond, Va., June 19, 1901.

The President and Delegates of the Constitutional Convention of the State of Alabama:

The Commonwealth of Virginia, through her representatives in Convention assembled, sends cordial greetings to the President and members of the Constitutional Convention of Alabama, now sitting at Montgomery,Alabama and Virginia have long been bound together by the strongest and closest ties of interest and affection. The people of the two Commonwealths are animated by the same hopes, and the same aspiration. In acknowledging the courtesy of your message, we beg leave to express the earnest hope that in the wise and just determination of the momentous questions now under consideration, we may not only establish the peace and prosperity of our respective States, but contribute to the general welfare of our common country, and the good of mankind, thus justifying the confidence of our constituents and the reasonable hopes of our countrymen.

Very respectfully,

JOHN GOODE,

President Constitutional Convention.

11:48 a. m.

Mr. Reese moved that the communication be spread upon the Journal of the Convention and the motion prevailed.

ADJOURNMENT

Under the rules, the Convention adjourned until 10 o’clock on to-morrow.


339

CONSTITUTIONAL CONVENTION.

TWENTY-FIFTH DAY.

Montgomery, Ala., Thursday, June 20, 1901.

CONVENTION HALL.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphy of the city:

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum:

Messrs. President,                                                       Craig,

Almon,                                                                        Davis (DeKalb),

Ashcraft,                                                                     Davis (Etowah),

Banks,                                                                         Dent,

Barefield,                                                                    deGraffenried,

Beavers,                                                                      Duke,

Beddow,                                                                     Eley,

Bethune,                                                                      Espy,

Blackwell,                                                                   Ferguson,

Boone,                                                                        Fitts,

Brooks,                                                                       Fletcher,

Browne,                                                                      Foshee,

Bulger,                                                                        Foster,

Burnett,                                                                       Freeman,

Byars,                                                                          Gilmore,

Cardon,                                                                       Glover,

Carmichael (Colbert),                                                  Graham (Montgomery),

Carmichael (Coffee),                                                  Graham (Talladega),

Carnathon,                                                                  Grant,

Case,                                                                           Grayson,

Chapman,                                                                    Greer (Calhoun),

Cobb,                                                                          Greer (Perry),

Cofer,                                                                          Haley,

Coleman (Greene),                                                      Handley,

Coleman (Walker),                                                      Harrison,

Cornwell,                                                                    Heflin (Chambers),


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Heflin (Randolph),                                                      Norwood,

Henderson,                                                                  Oates,

Hinson,                                                                        O’ Neal  (Lauderdale),

Hodges,                                                                       O’ Neal  (Jefferson),

Hood,                                                                          Opp,

Howell,                                                                       O’ Rear,

Howze,                                                                        Palmer,

Inge,                                                                            Parker (Cullman),

Jackson,                                                                       Parker (Elmore),

Jenkins,                                                                       Pearce,

Jones (Bibb),                                                               Pettus,

Jones (Hale),                                                               Phillips,

Jones (Montgomery),                                                  Pillans,

Jones (Wilcox),                                                           Pitts,

Kirk,                                                                            Porter

Kirkland,                                                                     Proctor,

Knight,                                                                        Reese,

Kyle,                                                                           Renfro,

Ledbetter,                                                                   Reynolds (Chilton),

Leigh,                                                                          Reynolds (Henry),

Locklin,                                                                       Robinson,

Lomax,                                                                        Rogers (Lowndes),

Long (Butler),                                                             Rogers (Sumter),

Long (Walker),                                                            Samford,

Lowe (Jefferson),                                                        Sanders,

Lowe (Lawrence),                                                       Sanford,

Macdonald,                                                                 Searcy,

McMillan (Baldwin),                                                  Selheimer,

McMillan (Wilcox),                                                     Sentell,

Malone,                                                                       Sloan,

Martin,                                                                        Smith (Mobile),

Maxwell,                                                                     Smith, Mac. A.,

Merrill,                                                                        Smith, Morgan AT.,

Miller (Marengo),                                                        Sorrell,

Miller (Wilcox)                                                            Spears,

Moody,                                                                       Spragins,

Morrisette,                                                                   Stewart,

Mulkey,                                                                       Studdard,

Murphree,                                                                    Tayloe,

NeSmith,                                                                     Thompson,

Norman,                                                                      Vaughan,


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Waddell,                                                                     Williams (Barbour),

Walker,                                                                        Williams (Marengo),

Watts,                                                                          Williams (Elmore),

Weakley,                                                                     Wilson (Clarke),

Weatherly,                                                                   Wilson (Washington).

White,                                                                         Winn-147.

Whiteside,

REPORT OF JOURNAL COMMITTEE

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-fourth day of the Convention, and that the same is correct.

JOHN F. PROCTOR, Chairman

The report of the committee was concurred in.

RESOLUTIONS.

The following resolution was offered:

Resolution 171, by Mr. Sanders:

Resolved, That this Convention extends hearty greetings to the Alabama Press Association, now in session in Montgomery, and hereby expresses its appreciation of the efforts which the State press has constantly put forth in behalf of the Constitutional Convention in Alabama. We realize that it is through the instrumentality of the press, the county weekly and the daily, that we should be able to reach the people, and that the future political destiny of Alabama is largely in the hands of the newspapers of the State. We hereby express the hope that the labors of this Convention shall be so characterized by wisdom, and courage, as to command the unqualified endorsement and support of the press of Alabama.

Mr. Sanders moved that the rules be suspended, and that the resolution be put upon its immediate passage.

The motion prevailed.


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JOURNAL OF ALABAMA

Mr. Burns offered the following substitute for the resolution 171, offered by Mr. Sanders:

Substitute for resolution No. 171, by Mr. Burns:

Resolved, That this Convention recognize and appreciate the ability, loyalty, and influence of the press of Alabama.

That those champions of free speech and religious liberty who may be in this city are extended the courtesies of the floor.

Mr. Greer, of Perry, moved to table the resolution 171, and the substitute offered by Mr. Burns.

The motion was lost.

Mr. Sanders moved to table the substitute offered by Mr. Burns.

The motion prevailed, and the substitute was laid upon the table.

Mr. Burnett offered the following amendment to the resolution 171:

Amend by striking out the following:

We hereby express the hope that the labors of this Convention shall be so characterized by wisdom and courage as to command the unqualified endorsement and support of the press of Alabama.

Mr. Sanders moved to table the amendment offered by Mr. Burnett.

The motion to table prevailed, and the amendment was laid upon the table, and on motion the resolution 171 was adopted.

RECONSIDERATION.

Mr. Pettus moved that the vote by which Section 20 of the ordinance to create and define the Executive Department was adopted be reconsidered, notice of said motion having been given on yesterday.

The motion to reconsider prevailed. Yeas. 70; nays, 63.


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CONSTITUTIONAL CONVENTION.

YEAS.

Messrs. President,                                                       McMillan (Wilcox),

Almon,                                                                        Miller (Marengo).

Bartlett,                                                                       Moody,

Brooks,                                                                        Murphree,

Browne,                                                                      NeSmith,

Bulger,                                                                        Oates,

Burnett,                                                                       O’ Neal  (Jefferson),

Burns,                                                                          Palmer,

Byars,                                                                          Parker (Cullman),

Cardon,                                                                       Parker (Elmore),

Carmichael (Coffee),                                                   Pearce,

Carnathon,                                                                  Pettus,

Case,                                                                           Pitts,

Cornwell,                                                                    Proctor,

Davis (Etowah),                                                          Reese,

Eley,                                                                            Renfro,

Foshee,                                                                        Reynolds (Chilton),

Foster,                                                                         Rogers (Lowndes),

Freeman,                                                                     Sanders,

Graham (Montgomery),                                               Searcy,

Grayson,                                                                      Sentell,

Greer (Calhoun),                                                         Sloan,

Haley,                                                                          Smith (Mobile),

Harrison,                                                                     Sorrell,

Heflin (Chambers),                                                      Studdard,

Heflin (Randolph),                                                      Thompson,

Hinson,                                                                        Vaughan,

Hood,                                                                          Waddell,

Jackson,                                                                       Walker,

Jenkins,                                                                       Watts,

Knight,                                                                        Weatherly,

Kyle,                                                                           Whiteside,

Ledbetter,                                                                   Williams (Elmore),

Long (Butler),                                                             Wilson (Clarke),

Long (Walker),                                                            Wilson (Washington)-70.


344

JOURNAL OF ALABAMA

NAYS

Messrs. Banks,                                                            Macdonald,

Barefield,                                                                    McMillan (Baldwin),

Beddow,                                                                     Malone,

Bethune,                                                                      Martin,

Blackwell,                                                                   Maxwell,

Chapman,                                                                    Merrill,

Cobb,                                                                          Miller (Wilcox),

Cofer,                                                                          Morrisette,

Coleman (Greene),                                                      Mulkey,

Craig,                                                                          Norman,

Davis (DeKalb),                                                          Norwood,

Dent,                                                                           O’ Neal  (Lauderdale),

deGraffenried,                                                            Opp,

Duke,                                                                          Phillips,

Espy,                                                                           Reynolds (Henry),

Fletcher,                                                                      Robinson,

Gilmore,                                                                      Rogers (Sumter),

Glover,                                                                        Samford,

Graham (Talladega),                                                   Sanford,

Handley,                                                                     Selheimer,

Henderson,                                                                  Smith, Mac. A.,

Hodges,                                                                       Smith, Morgan M.,

Howze,                                                                        Spears,

Inge,                                                                            Spragins,

Jones (Bibb),                                                               Stewart,

Jones (Hale),                                                               Tayloe,

Jones (Montgomery),                                                  Weakley,

Jones (Wilcox),                                                           White

Kirk,                                                                            Williams (Barbour),

Leigh,                                                                          Williams (Marengo).

Locklin,                                                                       Winn-63.

ANNOUNCEMENT OF PAIRS.

The following pairs were announced on the reconsideration of the vote by which Section 20 of the ordinance To create and define the Executive Department was adopted:

Messrs. Boone and Cunningham Mr. Boone would vote aye and Mr. Cunningham would vote nay.


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CONSTITUTIONAL CONVENTION.

Messrs. Carmichael, of Colbert, and Ashcraft, Mr. Carmichael, of Colbert, would vote aye, and Mr. Ashcraft would vote nay.

Messrs. Willett and Pillans, Mr. Willett would vote aye and Mr. Pillans would vote nay.

SECTION TWENTY.

Mr. Pettus moved to table Section 20 of the ordinance To create and define the Executive Department.

The motion to table prevailed. Yeas, 70; nays, 65.

YEAS.

Messrs. President,                                                       Hinson,

Almon,                                                                        Hood,

Bartlett,                                                                       Jackson,

Brooks,                                                                        Jenkins,

Browne,                                                                      Knight,

Bulger,                                                                        Kyle,

Burnett,                                                                       Ledbetter,

Burns,                                                                          Long (Butler),

Byars,                                                                          Long (Walker),

Cardon,                                                                       McMillan (Wilcox),

Carmichael (Coffee),                                                   Martin,

Carnathon,                                                                  Miller (Marengo),

Case,                                                                           Moody

Cornwell,                                                                     NeSmith,

Davis (Etowah),                                                           Oates,

deGraffenried,                                                            O’ Neal  (Jefferson),

Eley,                                                                            O’ Rear,

Foshee,                                                                        Palmer,

Foster,                                                                         Parker (Cullman),

Freeman,                                                                     Parker (Elmore),

Graham (Montgomery),                                              Pearce,

Grayson,                                                                      Pettus,

Greer (Calhoun),                                                         Pillans,

Haley,                                                                          Pitts,

Harrison,                                                                     Porter,

Heflin (Chambers),                                                     Proctor,

Heflin (Randolph),                                                      Reese,


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Renfro,                                                                        Studdard,

Reynolds (Chilton),                                                    Thompson,

Rogers (Lowndes),                                                     Waddell,

Sanders,                                                                      Watts,

Searcy,                                                                        Weatherly,

Sentell,                                                                        Whiteside,

Sloan,                                                                          Wilson (Clarke).

Sorrell,                                                                         Wilson (Washington)-70.

NAYS.

Messrs. Banks,                                                            Leigh,

Barefield,                                                                    Locklin,

Beddow,                                                                     Macdonald,

Bethune,                                                                      McMillan (Baldwin),

Blackwell,                                                                   Malone,

Chapman,                                                                    Maxwell,

Cobb,                                                                          Merrill,

Cofer,                                                                          Miller (Wilcox),

Coleman (Greene),                                                      Morrisette,

Craig,                                                                          Mulkey,

Davis (DeKalb),                                                          Murphree,

Dent,                                                                           Norman,

Duke,                                                                          Norwood,

Espy,                                                                           O’ Neal  (Lauderdale),

Fletcher,                                                                      Opp,

Gilmore,                                                                      Phillips,

Glover,                                                                        Reynolds (Henry),

Graham (Talladega),                                                   Robinson,

Grant,                                                                          Rogers (Sumter),

Handley,                                                                     Samford,

Henderson,                                                                  Sanford,

Hodges                                                                        Selheimer,

Howell,                                                                       Smith (Mobile),

Howze,                                                                        Smith, Mac. A.,

Inge,                                                                            Smith, Morgan M.,

Jones (Bibb),                                                               Spears,

Jones (Hale),                                                               Stewart,

Jones (Montgomery),                                                  Tayloe,

Jones (Wilcox),                                                           Vaughan,

Kirk,                                                                            Walker,


347

CONSTITUTIONAL CONVENTION.

Weakley,                                                                     Williams (Marengo),

White,                                                                         Winn-65.

Williams (Barbour),

ANNOUNCEMENT OF PAIRS.

The following pair was announced on the question above set out:

Messrs. Williams, of Elmore, and Spragins, Mr. Williams, of Elmore, would vote aye, and Mr. Spragins would vote nay.

NOTICE OF RECONSIDERATION.

Mr. deGraffenried gave notice that at the proper time on to-morrow he would move a reconsideration of the vote by which Section 20 of the ordinance To create and define the Executive Department was laid upon the table.

REPORT OF STANDING COMMITTEES.

Mr. Fletcher, chairman of the Committee on Banks and Banking, submitted the following report, which was laid upon the table for a third reading, and 300 copies of said report were ordered printed.

REPORT OF COMMITTEE ON BANKS AND BANKING.

Mr. President:

The Committee on Banks and Banking have instructed me to make the following report, viz.:

They have examined all the ordinances and resolutions submitted to them, and without passing upon them separately, will say they have embraced the substance of some of them in the article herewith submitted.

That they have adopted the entire subdivision on Banks and Banking as it appears in Article XIV of the Constitution, with Section 8 added.

A. S. FLETCHER,

Chairman on Banks and Banking.


348

JOURNAL OF ALABAMA

ARTICLE XIV.

Sec. 1. Subdivision Banks and Banking.

The General Assembly shall not have the power to establish or incorporate any bank or banking company or money institution for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution.

Sec. 2. No bank shall be established otherwise than under a general banking law, nor otherwise than upon a specie basis.

Sec. 3. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension of any bank or banking company of specie payment.

Sec. 4. Holders of bank notes and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to the preference of payment over all other creditors.

Sec. 5. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization (unless the General Assembly shall extend the time), and promptly thereafter close its business; but shall have corporate capacity to sue, and shall be liable to suits until its affairs and liabilities are fully closed.

Sec. 6. No banks shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.

Sec. 7. The State shall not be a stockholder in any bank, nor the credit of the State ever be given, or loaned to any banking company, association or corporation.

Sec. 8. The General Assembly shall, by appropriate laws, provide for the examination by some public officer, of all banks and banking institutions and trust companies engaged in banking business in this State.

UNFINISHED BUSINESS.

The convention proceeding to the consideration of the unfinished business which was the ordinance To


349

CONSTITUTIONAL CONVENTION.

create and define the Executive Department, reported by the Committee on Executive Department.

The question was upon the amendment offered by Mr. Robinson to the substitute reported by the committee for Section 22 of said ordinance, as follows:

Sec. 22. To commemorate the origin of the name of the State of Alabama, the Great Seal of the State which shall be used officially by the Governor, shall consist of the figure of an Indian Chief followed by a small band of warriors who, in crossing a beautiful meadow, as he approaches the bank of a river, thrusts his spear into the earth; with the words inscribed on a scroll above his head: Here we rest. The said Seal shall be called the Great Seal of the State of Alabama.

Mr. Boone moved to table the substitute, and the amendment.

The motion to table prevailed.

Mr. Spragins offered the following substitute for Section 22, of the said ordinance:

To substitute for Section 22 the following:

Typical of the resources of the State of Alabama, the Great Seal of the State, which shall be used officially by the Governor, shall be the old seal used until 1875, with addition to indicate the mineral as well as the agricultural resources of the State, its rugged mountains, fertile plains and beautiful rivers, and that the Legislature shall name a commission to design said seal on these lines, and when approved by the Legislature, it shall be the Great Seal of the State of Alabama.

Mr. O’ Neal , of Lauderdale, moved that the substitute offered by Mr. Spragins be tabled.

The motion to table prevailed.

Mr. deGraffenried moved that Section 22, There shall be a Great Seal of State, which shall be used officially by the Governor, and the Seal now in use shall continue to be used until another shall have been adopted by the General Assembly. Said Seal shall be called the Great Seal of the State of Alabama, as reported by the committee, be adopted.

The motion prevailed, and Section 22, as above set out, was adopted.


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JOURNAL OF ALABAMA

REPORT OF COMMITTEE ON EXECUTIVE DEPARTMENT.

Mr. Jones, of Montgomery, chairman of the Committee on Executive Department, submitted the following report:

Mr. President:

The Committee on Executive Department instructs me to report the following substitute for Section 4 of the ordinance To create and define the Executive Department and the pending amendments, to-wit:

Strike out Section 4 as it now stands, and insert in lieu thereof the following words:

Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly, in joint convention. The joint convention shall supervise and control the Speaker in the discharge of this duty, and has power: First, to determine whether the returns are in legal form, made by the proper officers, and truly give the results as ascertained and declared by the Board of Supervisors in the several counties. Second, to correct such errors as may be found therein. Third, to procure proper returns, when, for any cause, returns from any county have failed to reach the Speaker. The joint convention shall have no power to question the returns as to any other matter, or in any other respect. The person found to have the highest number of votes for either of said offices shall he declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall


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choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General Superintendent of Education, and Commissioner of Agriculture and Industries, shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

The committee recommends the adoption of the substitute.

THOMAS G. JONES, Chairman.

Mr. President:

The Committee on Executive Department report favorably upon resolution No. 151, and direct me to report it back to the Convention, with the recommendation that it be adopted.

THOMAS G. JONES, Chairman.

The resolution was read at length as follows:

Resolution 151, by Mr. O’ Neal , of Lauderdale:

Resolved by the people of Alabama, in Convention assembled, That it is the sense of this Convention that the General Assembly of Alabama should, at its first meeting after the ratification of this Constitution, fix the salary of the Governor of Alabama at five thousand dollars per annum; provided, the same can be done without an increase of taxation in this State.

Mr. Spragins moved to table the resolution 151, reported favorably by the Committee.

The motion to table was lost. Yeas, 49; nays, 87.

YEAS.

Messrs. Almon,                                                           Cardon,

Barefield,                                                                    Carnathon,

Bartlett,                                                                       Case,

Browne,                                                                      Chapman,

Bulger,                                                                        Coleman (Greens),

Burns,                                                                          Cornwell,

Byars,                                                                          Davis (DeKalb),


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Fletcher,                                                                      NeSmith,

Foshee,                                                                        Parker (Elmore),

Freeman,                                                                     Pearce,

Glover,                                                                        Phillips,

Grayson,                                                                      Porter,

Greer (Perry),                                                              Proctor,

Haley,                                                                          Reynolds (Chilton),

Handley,                                                                     Reynolds (Henry),

Heflin (Chambers),                                                     Sentell,

Henderson,                                                                  Sloan,

Jenkins,                                                                       Spears,

Kirk,                                                                            Spragins,

Long (Butler),                                                             Studdard,

Long (Walker),                                                            Thompson,

Lowe (Lawrence),                                                       Whiteside,

Moody,                                                                       Williams (Barbour),

Morrisette,                                                                   Williams (Elmore)-49

Murphree,

NAYS

Messrs. President,                                                       Gilmore,

Ashcraft,                                                                     Graham (Montgomery),

Banks,                                                                         Graham (Talladega),

Beavers,                                                                      Grant,

Beddow,                                                                     Harrison,

Bethune,                                                                      Heflin,(Randolph),

Blackwell,                                                                   Hinson,

Boone,                                                                         Hood,

Brooks,                                                                        Howell,

Burnett,                                                                       Howze,

Cobb,                                                                          Inge,

Cofer                                                                           Jackson,

Craig,                                                                          Jones (Bibb),

Davis (Etowah),                                                          Jones (Montgomery),

Dent,                                                                           Jones (Wilcox),

deGraffenried                                                             Knight,

Duke,                                                                          Kyle,

Eley,                                                                            Ledbetter,

Espy,                                                                           Leigh,

Fitts,                                                                            Lock1in,

Foster,                                                                         Lomax,


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Lowe (Jefferson),                                                        Robinson,

Macdonald,                                                                 Rogers (Lowndes),

McMillan (Baldwin),                                                  Rogers, (Sumter),

McMillan (Wilcox),                                                     Samford,

Malone,                                                                       Sanders,

Martin,                                                                        Sanford,

Maxwell,                                                                     Searcy,

Merrill,                                                                        Selheimer,

Miller (.Marengo),                                                       Smith (Mobile),

Miller (Wilcox),                                                           Smith, Mac. A.,

Mulkey,                                                                       Smith, Morgan M.,

Norman,                                                                      Sorrell,

Norwood,                                                                    Tayloe,

Oates,                                                                          Vaughan,

O’Neal (Lauderdale),                                                  Waddell,

Opp,                                                                            Walker,

Palmer,                                                                        Watts,

Parker (Cullman),                                                        White,

Pettus,                                                                         Williams (Marengo),

Pillans,                                                                         Wilson (Clarke),

Pitts,                                                                            Wilson (Washington),

Reese,                                                                          Winn-87.

Renfro,

Mr. Coleman, of Greene, offered the following amendment to the resolution:

By Mr. Coleman, of Greene:

Moved to amend the resolution by striking out the words at the end of the resolution “if it can be done without an increase of taxation” and the substitution therefore the following words: If in the discretion of the Legislature it is for the best interest of the State of Alabama.

Mr. Beddow moved to table the amendment offered by Mr. Coleman, of Greene.

The motion to table was lost. Yeas, 70; nays, 71.

YEAS.

Messrs. President,                                                       Bethune,

Banks,                                                                         Boone,

Beddow,                                                                     Brooks,


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Burnett,                                                                       Macdonald,

Cobb,                                                                          McMillan (Baldwin),

Craig,                                                                          McMillan (Wilcox),

Dent,                                                                           Malone,

deGraffenried,                                                            Maxwell,

Duke,                                                                          Merrill,

Eley,                                                                            Miller (Wilcox),

Espy,                                                                           Mulkey,

Ferguson,                                                                    Norman,

Fitts,                                                                            Norwood,

Foster,                                                                         Oates,

Gilmore,                                                                      O’ Neal  (Lauderdale),

Graham (Montgomery),                                              O’ Neal  (Jefferson),

Graham (Talladega).                                                   Parker (Cullman),

Grant,                                                                          Pitts,

Heflin (Chambers),                                                     Proctor,

Heflin (Randolph),                                                      Reese,

Hinson,                                                                        Robinson.,

Hood,                                                                          Rogers (Lowndes),

Howell,                                                                       Samford,

Howze,                                                                        Sanders,

Inge,                                                                            Sanford,

Jones (Bibb),                                                               Selheimer,

Jones (Hale),                                                               Smith (Mobile),

Jones (Montgomery),                                                  Smith, Morgan AT.,

Jones (Wilcox),                                                           Tayloe,

Kyle,                                                                           Waddell,

Ledbetter,                                                                   Walker,

Leigh,                                                                          Watts,

Locklin,                                                                       White,

Lomax,                                                                        Wilson (Clarke),

Lowe (Jefferson),                                                        Wilson (Washington)-70

NAYS.

Messrs. Almon,                                                           Browne,

Ashcraft,                                                                     Bulger

Barefield,                                                                    Burns,

Bartlett,                                                                       Byars,

Beavers,                                                                      Cardon,

Blackwell,                                                                   Carnathon


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Case,                                                                           Opp,

Chapman,                                                                    O’ Rear,

Cofer,                                                                          Palmer,

Coleman (Greene),                                                      Parker (Elmore),

Cornwell,                                                                    Pearce,

Davis (DeKalb),                                                          Pettus,

Davis (Etowah),                                                          Phillips,

Fletcher,                                                                      Pillans,

Foshee,                                                                        Porter,

Freeman,                                                                     Renfro,

Glover,                                                                        Reynolds (Chilton),

Grayson,                                                                      Reynolds (Henry),

Greer (Calhoun),                                                         Rogers (Sumter),

Haley,                                                                          Searcy,

Handley,                                                                     Sentell,

Harrison,                                                                     Sloan,

Henderson,                                                                  Smith, Mac. A.,

Hodges,                                                                       Sorrell,

Jackson,                                                                       Spears,

Jenkins,                                                                       Spragins,

Kirk,                                                                            Stewart,

Knight,                                                                        Studdard,

Long (Butler),                                                             Thompson,

Long (Walker),                                                            Vaughan,

Lowe (Jefferson),                                                        Whiteside,

Martin,                                                                        Williams (Barbour),

Miller (Marengo),                                                        Williams Marengo

Moody,                                                                       Williams (Elmore),

Murphree,                                                                    Winn-71.

NeSmith,

ADJOURNMENT.

Pending the further consideration of the amendment offered by Mr. Coleman, of Greene, the hour of 1 o’clock p. m. having arrived, the Convention, under the rules, adjourned to meet at 10 o’clock on to-morrow.


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TWENTY-SIXTH DAY.

CONVENTION HALL.

Montgomery, Ala., Friday, June 21, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphy of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,                                                       Coleman (Greens),

Almon,                                                                        Cornwell,

Ashcraft,                                                                     Craig,

Banks,                                                                         Cunningham,

Barefield,                                                                    Davis (DeKalb),

Bartlett,                                                                       Davis (Etowah),

Beavers,                                                                      Dent,

Beddow,                                                                     deGraffenried,

Bethune,                                                                      Duke,

Blackwell,                                                                   Eley,

Boone,                                                                         Eyster,

Brooks,                                                                        Espy,

Browne,                                                                      Ferguson,

Bulger,                                                                        Fitts,

Burnett,                                                                       Fletcher,

Burns,                                                                          Foshee,

Byars,                                                                          Foster,

Cardon,                                                                       Freeman,

Carmichael (Colbert),                                                  Gilmore,

Carmichael (Coffee),                                                  Glover,

Carnathon,                                                                  Graham (Montgomery),

Case,                                                                           Graham (Talladega),

Chapman,                                                                    Grant,

Cobb,                                                                          Grayson,

Cofer,                                                                          Greer (Calhoun),


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Greer (Perry),                                                              Murphree,

Haley,                                                                          NeSmith,

Handley,                                                                     Norman,

Harrison,                                                                     Norwood,

Heflin, (Chambers),                                                    Oates,

Heflin, (Randolph),                                                     O’ Neal  (Lauderdale),

Henderson,                                                                  O’ Neal  (Jefferson),

Hinson,                                                                        Opp,

Hodges,                                                                       O’ Rear,

Hood,                                                                          Palmer,

Howell,                                                                       Parker (Cullman),

Howze,                                                                        Parker (Elmore),

Inge,                                                                            Pearce,

Jackson,                                                                       Pettus,

Jenkins,                                                                       Phillips,

Jones (Bibb),                                                               Pillans,

Jones (Hale),                                                               Pitts,

Jones (Montgomery),                                                  Porter,

Jones (Wilcox),                                                           Proctor,

Kirk,                                                                            Reese,

Knight,                                                                        Renfro,

Kyle,                                                                           Reynolds (Chilton),

Ledbetter,                                                                   Reynolds (Henry),

Leigh,                                                                          Robinson,

Locklin,                                                                       Rogers (Lowndes),

Lomax,                                                                        Rogers (Sumter),

Long (Butler),                                                             Samford,

Long (Walker),                                                            Sanders,

Lowe (Jefferson),                                                        Sanford,

Lowe (Lawrence),                                                       Searcy,

Macdonald,                                                                 Selheimer,

McMillan (Baldwin),                                                  Sentell,

McMillan, (Wilcox),                                                    Sloan,

Malone,                                                                       Smith (Mobile),

Martin,                                                                        Smith, Mac. A.

Maxwell,                                                                     Smith, Morgan M.,

Miller (Marengo),                                                        Sorrell,

Miller (Wilcox),                                                           Spears,

Moody,                                                                       Spragins,

Morrisette,                                                                   Stewart,

Mulkey,                                                                       Studdard,


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Tayloe,                                                                        Whiteside,

Thompson,                                                                  Willett,

Vaughan,                                                                     Williams (Barbour,),

Waddell,                                                                     Williams (Marengo),

Walker,                                                                        Williams (Elmore),

Watts,                                                                          Wilson (Clarke),

Weakley,                                                                     Wilson (Washington)-146

White,

LEAVE OF ABSENCE

Was granted to Messrs. Winn for to-day and to-morrow; Ester for yesterday; Willett for yesterday; Altman for yesterday, to-day and to-morrow; Cunningham for yesterday; Carmichael, of Colbert, for yesterday and to-day; Bethune for to-morrow; Coleman, of Walker, for yesterday, to-day and to-morrow; Merrill for to-day; Jones, of Bibb, for to-morrow; Waddell for to-morrow; Heflin, of Randolph, for to-morrow; Burnett for to-morrow; Long, of Butler, for to-morrow; Stewart for Saturday and Monday; Almon for to-morrow; Davis, of Etowah, for to-morrow; Craig for Saturday and Monday; Williams, of Elmore, for to-morrow; Norwood for to-morrow; Foshee four to-morrow; Inge for to-morrow.

REPORT OF THE COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-fifth day of the Convention, and found the same to be correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report was concurred in.

STENOGRAPHIC REPORT.

Mr. Ashcraft called the attention of the Convention to certain errors in the stenographic report of the proceedings of yesterday.


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CONSTITUTIONAL CONVENTION.

‘The report was ordered corrected.

Messrs. Cobb, Coleman, of Greene, and Heflin, of Chambers, also called attention to certain errors in the stenographic report of the proceedings of yesterday.

The report was ordered corrected.

COMMUNICATION.

The following communication was read to the Convention:

Montgomery, Ala., June 21, 1901.

To Frank N. Julian, Secretary Constitutional Convention, City:

Sir: Yours, enclosing resolution No. 171, of the Constitutional Convention, was duly received. The resolution was read to the Alabama Press Association, and received with satisfaction. I was instructed to extend thanks for the handsome recognition of this Association by a Convention which will rank in history as one of the most important that ever assembled in this State.

Very respectfully,

J. A. ROUNTREE,

Secretary Alabama Press Association.

REPORT OF STANDING COMMITTEES.

Mr. Lomax, chairman of the Committee on Preamble and Declaration of Rights, submitted the following report:

REPORT OF THE COMMITTEE ON PREAMBLE AND DECLARATION OF RIGHTS.

Mr. President:

The Committee on Preamble and Declaration of Rights instructs me to report the Preamble and Decla-


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ration of Rights hereto attached for adoption by this Convention. The committee has carefully examined and considered all of the ordinances referred to it, and has incorporated the principles of some of them in the article herewith reported. A large number of them have been rejected by the committee because it was believed that the great and essential principles of liberty embodied in the Bill of Rights, being as they are, the crystallization of the experience of centuries, should be preserved as far as possible, from change and innovation. The changes which have been made in the present article by omission of certain parts thereof have been made because the omitted portions were not properly part and parcel of a solemn statement of the reserved rights of the people to unequivocally declare which is the aim and purpose of the Bill of Rights of the Constitution of our State. Some of the ordinances rejected by the committee failed of adoption because it was evident that the objects sought to be obtained could be secured by legislative action, and that hence they were not proper matters for Constitutional enactment. The few sections and parts of sections added by your committee and not proposed by any ordinance referred of it were adopted because in the judgment of the committee they made more clear and specific and gave greater emphasis to those rights of the people which are above and beyond the general powers of government.

All ordinances referred to the Committee are herewith respectfully returned.

The following are the material changes reported:

The Preamble has been shortened merely with a view of conforming to the practice of recent Conventions, all of which have adopted the shorter form of preamble.

To Section 5 of the Declaration of Rights the following words have been added: No law shall ever be passed to curtail or restrain the liberty of speech or of the press.

To Section 7 the following addition has been made: A provision fixing in the Constitution the right of the defendant to testify in his own behalf and, also, one per-


361

CONSTITUTIONAL CONVENTION.

mitting a motion by a defendant for a change of venue to be heard and determined in his absence.

In Section 9 the named misdemeanors are stricken out and the words in cases of misdemeanor are inserted.

There is added in Section 10 a provision that in cases fixed by law the trial judge may discharge a jury without the consent of the defendant.

In Section 13 the words for libel are inserted in the first line so as to permit the truth thereof to be given in evidence.

Section 23 is changed by prohibiting the General Assembly from granting any exclusive as well as irrevocable, special privileges or immunities, and providing that all franchises, privileges and immunities shall be subject to revocation, alteration and amendment.

There is added to Section 27 a provision requiring the General Assembly to define small arms, and to regulate the bearing of the same.

The word right, as applied to suffrage is stricken out and the word privilege inserted.

Section 35 is stricken out as having no place in a Declaration of Rights.

Section 38 is changed to Section 37, and also by striking out the prohibition against an educational or property qualification for suffrage.

Section 38 is a new section, prohibiting the exercise by one department of the government of any of the functions of either of the other departments thereof.

Section 29 is retained as is the present Constitution, with the addition of a Declaration that the Rights retained by the people are excepted out of the general powers of government, and shall forever remain inviolate.

Upon some of the sections of the Declaration of Rights reported herewith the members of the committee are not unanimous and the dissenting members will either submit minority reports or reserve liberty of action when the article reported is taken up for consideration by the Convention.

TENNENT LOMAX, Chairman.


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AN ORDINANCE

Adopting a Preamble and Declaration of Rights for the Constitution of the State of Alabama.

Be it ordained by the people of the State of Alabama, in Convention assembled, that the following shall be the Preamble and Declaration of Rights of the Constitution of this State:

PREAMBLE.

We, the people of the State of Alabama in Convention assembled, in order to establish justice, ensure domestic tranquility and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of Government for the State of Alabama:

ARTICLE I.

DECLARATION OF RIGHTS.

That the great, general and essential principles of liberty and free government may be recognized and established we declare:

1. That all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness.

2. That all persons resident in this State, born in the United States, are naturalized, or who shall have legally declared their intention to become citizens of the United States are hereby declared citizens of the State of Alabama, possessing equal civil and political rights.

3. That all political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit; and that therefore, they have at all times an inalienable and indefeasible right to change their form of government in such manner as they may deem expedient.


363

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4. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of worship; nor pay any tithes, taxes or other rate for the building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office of public trust, under this State; and that the civil rights, privileges and capacities of any citizen shall not be in any manner affected by his religious principles.

5. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

6. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seizure of searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.

7. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel or either; to demand the nature and cause of the accusation; to have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to testify in all cases, in his own behalf, if he elects so to do; and, in all prosecutions by indictment, a speedy, public trial, by an impartial jury of the county or district in which the offense was committed; and that he shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property but by due process of law; but the General Assembly may, by a general law, provide for a change of venue for the defendant in all prosecutions by indictment and that such change of venue on application of the defendant may be heard and determined without the personal presence of the defendant so applying therefore.

8. That no person shall be accused or arrested, or detained except in cases ascertained by law, and according to the form which the same has prescribed; and no


364

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person shall be punished but by virtue of a law established and promulgated prior to the offense and legally applied.

9. That no person shall, for any indictable offense, be proceeded against criminally, by information, except in cases arising in the militia and volunteer forces when in actual service or by leave of the court, for misfeasance, misdemeanor, extortion and oppression in office otherwise than is provided in this Constitution, provided that in cases of misdemeanor, the General Assembly may, by law, dispense with a Grand Jury, and authorize such prosecutions and proceedings before Justices of the Peace or such other inferior courts as may be by law established.

10. That no person shall, for the same offense, be twice put in jeopardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the consideration of any case, and no person shall gain any advantage by reason of such discharge of the jury.

11. That no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party.

12. That the right of trial by jury shall remain inviolate.

13. That in all prosecutions for libel or for the publication of papers investigating the official conduct of officers of men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direction of the court.

14. That all courts shall be open; and that every person, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial or delay.

15. That the State of Alabama shall never be made a defendant in any court of law or equity.

16. That excessive fines shall not be imposed nor cruel or unusual punishments inflicted.


365

CONSTITUTIONAL CONVENTION.

17. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not in any case be required.

18. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State.

19. That the treason against the State shall consist only in levying war against it, or adhering to its enemies giving them aid and comfort; and that no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his confession in open court.

20. That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood or forfeiture of estate.

21. That no person shall be imprisoned for debt.

22. That no power of suspending laws shall be exercised except by the General Assembly.

23. That no ex post facto law, or any law, impairing the obligation of contracts, or making an irrevocable or exclusive grants of special privileges or immunities, shall be passed by the General Assembly; and every grant of a franchise, privilege or immunity, shall forever remain subject to revocation, alteration or amendment.

24. That the exercise of the right of eminent domain shall never be abridged nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies and subjecting them to public use the same as individuals. But private property shall not be taken or applied for public use, unless just compensation be first made therefore; nor shall private property be taken for private use or for the use of corporations, other than municipal, without the consent of the owner; provided, however, that the General Assembly may, by law, secure the persons or corporations the right of way over the lands of other persons or corporations, and by general laws provide for and regulate the exercise by person and corporation of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner; and, provided that the


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right of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind or corporation, other than municipal, or for the benefit of any individual or association.

25. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost or toll; and that no tax, toll, impost or wharfage shall be demanded or received for the owner of any merchandise or commodity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law.

26. That the citizens have a right in a peaceable manner to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances or other purposes, by petition, address or remonstrance.

27. That every citizen has a right to bear arms in defense of himself and the State; and it shall be the duty of the General Assembly to define by law small arms, and regulate the bearing of the same.

28. That no standing army shall be kept up without the consent of the General Assembly, and in that case, no appropriation for its support shall be made for a longer term that one year; and the military shall, in all cases and at all times, be in strict subordination to the civil power.

29. That no soldier shall, in the time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.

30. That no title or nobility or hereditary distinction, privilege or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior.

31. That immigration shall be encouraged; emigration shall not be prohibited, and that no citizen shall be exiled.


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CONSTITUTIONAL CONVENTION.

32. That temporary absence from the State shall not cause a forfeiture of residence once obtained.

33. That no form of slavery shall exist in this State; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.

34. The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties all undue influences from power, bribery, tumult or other improper conduct.

35. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens.

36. That the sole object and only legitimate end of government is to protect the citizens in the enjoyment of life, liberty, and property, and when the government assumes other functions, it is usurpation and oppression.

37. That no restrain upon the privilege of suffrage on account of race, color or previous condition of servitude, shall be made by law.

38. In the government of this State, except in the instances in this Constitution hereinafter expressly directed or permitted, the Legislative Department shall never exercise the Executive or Judicial powers, or either of them; the Executive shall never exercise the Legislative and Judicial powers, or either of them; the Judicial shall never exercise the Legislative and Executive powers, or either of them; to the end that it may be a government of laws and not of men.

39. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.

MINORITY REPORT.

The undersigned members of the Committee on Preamble and Declaration of Rights, do not concur in the


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foregoing report of the committee so far as it relates to Section 12, Article I, for the following reasons:

In every relation of life in Alabama, where the result is dependent upon the opinions and decisions of a number of persons, the principle of majority rule governs, with the single exception of a verdict of a jury. Why should a unanimous verdict on a question of fact be required and enforced from a jury? A majority of one vote in this Convention either puts a proposition in the organic law or rejects it. A majority of one vote in each House of the General Assembly creates, repeals or modifies a positive law, regardless of the magnitude of the interests involved; a majority of the Senate of United States ratifies or refuse, to consent to a treaty with a foreign power. A majority of a single vote in a half a million in a pivotal State may elect a President of the United States, change the policy of the government and bring prosperity or ruin to seventy millions of people. And yet the majority of the committee deny that it would be sensible to apply this principle to a verdict of a jury in a civil suit at law. When a judgment is entered on a unanimous verdict, if all appeal is taken to the Supreme Court of the State, it can be then finally adjudicated by a bare majority of the Justices. So in the Supreme Court of the United States, five of the Justices against four held the income tax unconstitutional and in the same court five of the Justices held that Porto Rico was not under the Constitution and four that it was. Again in all ministerial and executive bodies the majority rules, and the will of the minority must give way to that of the majority when lawfully expressed. For these reasons we think that the provision authorizing three-fourths of a jury to render a verdict in a civil case should become a part of our Constitution, as it is of several other important States of the Union.

We therefore recommend as a substitute for Section 12, Article 1, as reported by the committee, the following:


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Article 1, Section 12. The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but in civil actions three-fourths of the jury may render a verdict.

Respectfully submitted,

SAMUEL BLACKWELL,

E. P. WILSON

T. J. CORNWELL.

The undersigned member of the Committee on Preamble and Declaration of Rights concurs in the majority of said report, save as to portions of Section 7, and he offers as an amendment to portions of Section 7, the following:

And in all prosecutions by indictment the place in the county or district in which the crime was committed shall be stated with reasonable certainty as to enable the defendant to know the particular place where the criminal act is alleged to have been committed.

Respectfully submitted,

J. H. BAREFIELD

RESOLUTIONS.

The following resolutions were offered, severally read one time at length, and referred to appropriate committees as follows:

Resolution 172, by Mr. Kirk:

Whereas, The power to regulate the right of Suffrage should be left exclusively to the Several States in the Union; and,

Whereas, The people of Alabama find it necessary to the preservation of good government and honest elections to restrict the right of suffrage where granted to alien and inferior races; and desiring to avoid any seeming conflict between the organic law of the State of Alabama and the Federal Constitution; now, therefore

Be it resolved, That the President of this Convention appoint a committee of five of which he shall be the chairman, to prepare suitable memorials to the Congress of the United States looking to an amendment of


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the Federal Constitution whereby the Fifteenth Amendment of said Constitution may be stricken therefrom.

The resolution was referred to the Committee on Rules.

Resolution 173, by Mr. Harrison:

Resolved, That the Committee on Rules be and are hereby instructed to fix the time in which all ordinances reported by committees shall be considered by this Convention, and at the expiration of the time so fixed the previous question shall be considered as ordered, and the Convention shall proceed to vote upon the ordinance reported.

Resolved further, That half of the time fixed by the Committee on Rules for the Consideration of any ordinance shall be allowed to the committee reporting the same, and the other half to those proposing amendments and opposing the ordinance.

The resolution was referred to the Committee on Rules.

Resolution 174, by Mr. Cobb:

Resolved, That Rule 17 of this Convention be amended by striking out the word thirty in the ninth line and inserting the word ten so as to limit the right to close the debate after the call for the previous question has been sustained to ten minutes.

The resolution was referred to the Committee on Rules.

Resolution 175, by Mr. Cobb:

Resolved, That requests for leave of absence shall be made to the Speaker, who is empowered to grant the same without taking up the time of the Convention.

The resolution was referred to the Committee on Rules.

Resolution 176, by Mr. Vaughan:

Resolved That the report of the Committee on Preamble and Declaration of Right shall be taken up and disposed of immediately after the report of the Committee on Taxation is disposed of.

Mr. Vaughan moved that the rules be suspended and that the resolution be adopted.


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The motion to suspend the rules prevailed, and the resolution was adopted.

ORDINANCES ON FIRST READING.

The following ordinances were introduced by unanimous consent, severally read one time at length, and referred to appropriate committees as follows:

Ordinance 392, by Mr. Reese:

An ordinance to be entitled Section__, of Article IV.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 393, by Mr. Beddow:

To create a State Board of Arbitration.

The ordinance was referred to the Committee on Executive Department.

Ordinance 394, by Mr. O’ Neal  of Lauderdale:

To amend the first proviso of Section 24 of Article I of the Constitution.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

RECOMMITTAL OF ORDINANCES

Mr. Parker, of Cullman, chairman of the Committee on State and County Boundaries, returned to the Convention ordinance No. 390, Authorizing and making it the duty of the Commissioners’ Court of St. Clair County to erect a suitable court house and jail at some place in said county on the south side of Backbone Mountain, where all the courts are to be held for the trial of all cases, and the transaction of all legal business originating and pertaining to the people residing in beats 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 of said county, and requested that the same be referred to the Committee on Amending the Constitution and Miscellaneous Provisions.

The ordinance was referred to the Committee on Amending the Constitution and Miscellaneous Provisions.


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UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business of yesterday, which was the report of the Committee on Executive Department.

The question was upon the amendment offered by Mr. Coleman, of Greene, to amend the resolution by striking out the following words at the end of the resolution:

If it can be done without an increase of taxation, and substituting therefore the following words: If in the discretion of the Legislature it is for the best interest of the State of Alabama, to the resolution 151, reported favorably by the committee.

Mr. Coleman, of Greene, asked unanimous consent to be allowed to correct said amendment, as follows: To amend the resolution by striking out the following words: Provided the same can be done without an increase of taxation in this State, and substitute therefore the words: If in the discretion of the General Assembly it is for the best interest of the State of Alabama.

Unanimous consent was given, and the amendment was corrected accordingly.

The question was upon the adoption of the amendment.

The amendment was lost: Yeas, 56; nays, 80.

YEAS.

Messrs. Ashcraft,                                                        Cornwell,

Barefield,                                                                    Davis (DeKalb),

Bartlett,                                                                       Davis (Etowah),

Beavers,                                                                      Fletcher,

Blackwell,                                                                   Foshee,

Browne,                                                                      Freeman,

Bulger,                                                                        Glover,

Byars,                                                                          Grayson,

Cardon,                                                                       Greer (Perry),

Carnathon,                                                                  Handley,

Case,                                                                           Harrison,

Chapman,                                                                    Henderson,

Coleman (Greene),                                                      Hodges,


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Jackson,                                                                       Pettus,

Jenkins,                                                                       Phillips,

Kirk,                                                                            Porter,

Long (Butler),                                                             Reynolds (Chilton),

Long (Walker),                                                            Reynolds (Henry),

Miller (Marengo),                                                        Rogers (Sumter),

Moody,                                                                       Sentell,

Mulkey,                                                                       Sloan,

Murphree,                                                                    Smith, Mac. A.,

NeSmith,                                                                     Sorrell,

Opp,                                                                            Spragins,

O’Rear,                                                                        Stewart,

Palmer,                                                                        Studdard,

Parker (Elmore),                                                          Vaughan,

Pearce,                                                                         Williams (Barbour)-58

NAYS

Messrs. President,                                                       Greer (Calhoun),

Almon,                                                                        Heflin (Chambers),

Banks,                                                                         Hinson,

Beddow,                                                                     Hood,

Bethune,                                                                      Howell,

Boons,                                                                         Howze,

Brooks,                                                                        Inge,

Burnett,                                                                       Jones (Bibb),

Burns,                                                                          Jones (Hale),

Carmichael (Coffee),                                                  Jones (Montgomery ),

Cobb,                                                                          Jones (Wilcox),

Cofer,                                                                          Knight,

Craig,                                                                          Kyle,

Cunningham,                                                               Ledbetter,

Dent,                                                                           Leigh,

deGraffenried,                                                            Locklin,

Duke,                                                                          Lomax,

Eley,                                                                            Lowe (Jefferson),

Espy,                                                                           Lowe (Lawrence),

Fitts,                                                                            Macdonald,

Foster,                                                                         McMillan (Baldwin),

Graham (Montgomery),                                              McMillan (Wilcox),

Graham (Talladega),                                                   Malone,

Grant,


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Martin,                                                                        Sanford,

Maxwell,                                                                     Selheimer,

Miller (Wilcox),                                                           Smith (Mobile),

Morrisette,                                                                   Smith, Morgan M.,

Norman,                                                                      Tayloe,

Norwood,                                                                    Thompson,

Oates,                                                                          Waddell,

O’Neal (Lauderdale),                                                  Walker,

O’Neill (Jefferson),                                                     Watts,

Parker (Cullman),                                                        Weakley,

Pitts,                                                                            White,

Proctor,                                                                       Whiteside,

Reese,                                                                          Willett,

Robinson,                                                                    Williams (Marengo),

Rogers (Lowndes),                                                     Wilson (Clarke),

Samford,                                                                     Wilson (Washington)-80.

Sanders,

The resolution 151:

Resolved by the people of Alabama, in Convention assembled, That it is the sense of this Convention that the General Assembly of Alabama should, at its first meeting after the ratification of the Constitution, fix the salary of the Governor of Alabama at five thousand dollars per annum; provided the same can be done without an increase of taxation in the State, was adopted.

The Convention proceeded to the consideration of Section 4 of the ordinance, To create and define the Executive Department, which was reported by the Committee on Executive Department on yesterday as follows:

Strike out Section 4 as it now stands, and insert in lieu thereof the following words:

Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture anal Industries, shall be sealed up and transmitted by the returning officers to the seat of government, directed to the


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Speaker of the House of Representatives who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly, in joint convention. The joint convention shall supervise and control the Speaker in the discharge of this duty, and has power: First, to determine whether the returns are in legal form, made by the proper officers, and truly give the results as ascertained and declared by the Board of Supervisors in the several counties. Second, to correct such errors as may be found therein. Third, to procure proper returns when for any cause, returns from any county have failed to reach the Speaker. The joint convention shall leave no power to question the returns as to any other matter, or in any other respect. The person found to have the highest number of votes for either of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

Mr. Jones, of Montgomery, asked unanimous consent to be allowed to submit an additional report.

Leave was granted, and Mr. Jones submitted the following report:

Mr. President:

The Committee on Executive Department direct me to return herewith ordinance No. 372, with the recommendation that it do not pass.

THOMAS G. JONES, Chairman.

Mr. Rogers of Sumter, called for a reading of the ordinance 372, and the ordinance was read at length as follows:

Ordinance 372, by Mr. Rogers, of Sumter:


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The returns for every election for Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of government, and directed to the Speaker of the House of Representatives, who shall, during the first week of the session, to which such returns shall be made, open and publish them in the presence of both Houses of the General Assembly in joint convention; but the Speaker’s duty and the duty of the joint convention shall be purely ministerial.

The result of the election shall be ascertained and declared by the Speaker from the face of the returns without delay.

The person having the highest number of votes for any one of said offices shall be declared duly elected, but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office.

Contested elections for Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

Mr. Rogers, of Sumter, moved that the ordinance 372, above set out, be substituted for Section 4 of the ordinance To create and define the Executive Department, reported by the committee.

ADJOURNMENT.

Pending the further consideration of the report of the Committee on Executive Department the hour of 1 o’clock p. m. arrived, and under the rules the Convention adjourned until to-morrow morning at 10 o’clock.


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TWENTY-SEVENTH DAY.

CONVENTION HALL.

Montgomery, Ala., June 22, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphey of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,                                                       Espy,

Ashcraft,                                                                     Ferguson,

Banks,                                                                         Fitts,

Barefield,                                                                    Foshee,

Bartlett,                                                                       Foster,

Beavers,                                                                      Freeman,

Beddow,                                                                     Gilmore,

Bethune,                                                                      Graham (Montgomery),

Blackwell,                                                                   Graham (Talladega),

Boone,                                                                         Grant,

Brooks,                                                                        Grayson,

Burns,                                                                          Haley,

Byars,                                                                          Greer (Perry),

Cardon,                                                                       Handley,

Carnathon,                                                                  Harrison,

Case,                                                                           Heflin (Chambers),

Chapman,                                                                    Henderson,

Cobb,                                                                          Hinson,

Cofer,                                                                          Hodges,

Cornwell,                                                                    Hood,

Cunningham,                                                               Howell,

Davis (DeKalb)                                                           Howze,

Dent,                                                                           Jackson,

deGraffenried,                                                            Jenkins,

Duke,                                                                          Jones (Hale),

Eley,                                                                            Jones (Montgomery),

Eyster,                                                                         Jones (Wilcox),


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Kirk,                                                                            Reynolds (Chilton),

Knight,                                                                        Reynolds (Henry),

Kyle,                                                                           Robinson,

Ledbetter,                                                                   Rogers (Lowndes),

Leigh,                                                                          Rogers (Sumter),

Locklin,                                                                       Samford,

Lomax,                                                                        Sanders,

Lowe (Jefferson),                                                        Sanford,

Lowe (Lawrence),                                                       Searcy,

Macdonald,                                                                 Selheimer,

McMillan (Baldwin),                                                  Sentell,

McMillan (Wilcox),                                                     Sloan,

Malone,                                                                       Smith (Mobile),

Martin,                                                                        Smith, Mac. A.,

Maxwell,                                                                     Smith, Morgan M.,

Merrill,                                                                        Sollie,

Miller (Wilcox),                                                           Sorrell,

Moody,                                                                       Spears,

Morrisette,                                                                   Spragins,

Mulkey,                                                                       Studdard,

Murphree,                                                                    Tayloe,

NeSmith,                                                                     Walker,

Norman,                                                                      Walker,

Oates,                                                                          Watts,

O’ Neal  (Lauderdale,                                                   Weakley,

O’ Neal  (Jefferson),                                                     Weatherly,

Opp,                                                                            White,

Parker (Elmore),                                                          Whiteside,

Pearce,                                                                         Willett,

Pettus,                                                                         Williams (Barbour),

Phillips,                                                                       Williams (Marengo),

Pillans,                                                                         Williams (Elmore),

Pitts,                                                                            Wilson (Clarke),

Porter,                                                                         Wilson (Washington)-121

LEAVE OF ABSENCE

Was granted to Messrs. Coleman, of Greene, for to-day and Monday; Eley for Monday, Tuesday and Wednesday; Fletcher for today and Monday; Renfroe


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for to-day and Monday; Bulger for to-day; Parker, of Cullman, for to-day; Howze for to-day; Long, of Walker, for to-day; O’ Rear for to-day and Monday; Weatherly for yesterday; Carmichael, of Colbert, for to-day; Vaughan for to-day; Reese for to-day; Spragins for to-day; Kirkland for yesterday, to-day and Monday; Sollie for last Wednesday, Thursday and Friday; Proctor for to-day and Monday; Ledbetter for June 24 and 25; Opp for this afternoon.

REPORT OF COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-sixth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

Resolution 146:

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, called up resolution 146, reported favorably by the Committee on Rules, by way of a substitute:

Substitute for resolution 146: Resolved, That after the passage of this resolution this Convention shall meet regularly each day at 10 o’clock in the morning, and shall remain in session from that time to 1 o’clock p. m., when a recess shall be taken to 3 p. m., and the Convention shall remain in session until 5 p. m., when the Convention shall stand adjourned until 10 o’clock a. m. of the succeeding day, and moved that the same be adopted.

The motion prevailed, and the resolution 146 was adopted.

RECOMMITTAL OF ORDINANCE.

Mr. Harrison, chairman of the Committee on Cor-


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porations, returned to the Convention ordinance 352.

Ordinance 352:

For the protection of local building and loan associations from excessive taxation, and requested that the ordinance 352 be referred to the Committee on Taxation.

The ordinance was referred to the Committee on Taxation.

RESOLUTIONS.

The following resolutions were offered, severally read one time at length, and referred to appropriate committees as follows:

Resolution 177, by Mr. Burns:

Whereas, But twenty-five more working days are allotted by the enabling act; which, counting six hours per day (being more than double the number of hours already utilized) would give to each member less than one hour.

Be it resolved, That the time occupied on this floor by each delegate be recorded, and that no delegate, who is not chairman of some committee or to whim the time of some other delegate has not been yielded, shall consume more than his pro rata share, except by leave of the Convention.

The resolution was referred to the Committee on Rules.

Resolution 178, by Mr. Reynolds, of Chilton:

Whereas, This Convention was called chiefly for the purpose of regulating the suffrage; and

Whereas, This Convention has previously pledged itself to be bound by the enabling act of the General Assembly, and

Whereas, One-half the time limit of said enabling act has already expired, and it would be unwise to rush through a suffrage plan;

Be it resolved by the Convention assembled, That the Suffrage Committee be and is hereby instructed to make a report not later than Monday next.


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CONSTITUTIONAL CONVENTION.

The resolution was referred to the Committee on Suffrage and Elections.

Resolution 179, by Mr. Grayson:

Resolved, That the daily sessions of this Convention shall begin at 10 a. m. and adjourn at 2 p. m.

The resolution was referred to the Committee on Rules.

Resolution 180, by Mr. Graham, of Talladega:

Resolved, That it is the sense of this Convention that the substance of the resolution hereto attached be incorporated in the article heretofore reported on the subject of taxation.

Resolution adopted by the State Association of County Superintendents of Education, and approved by the Alabama Educational Association June 20th, 1901.

Whereas, There is a crying need for better school houses in the rural districts of Alabama, we, the County Superintendents of Education, in association assembled in Montgomery, hereby petition the Committee on Taxation and Education in the Constitutional Convention now assembled, to recommend that public school houses be declared public buildings in making provision in the Constitution for a special county tax for the erection of court houses, bridges and other public buildings of the county, and that such aid may be given by the county to the building of public school houses in the county as the Commissioners’ Courts or Boards of Revenue in the several counties may deem practicable.

W. S. NEAL, Acting President.

L. V. ROSSER, Secretary.

The resolution was referred to the Committee on Taxation.

Resolution 181, by Mr. Parker, of Elmore:

Resolved, That a committee be appointed by the President of this Convention, to consist of the President, the three other delegates from the State at large, and one from each Congressional district, to prepare a memorial to the Congress of the United States on the repeal of the Fifteenth Amendment of the Federal Constitution, said


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committee to report ad libitem during the session of this Convention.

The resolution was referred to the Committee on Rules.

Resolution 182, by Mr. O’ Neal , of Lauderdale:

Resolved, That the report of the Committee on Local Legislation be made the special order for consideration immediately after the conclusion of the consideration of the report of the Committee on Preamble and Declaration of Rights to the Constitution; that the Committee on Legislative Department submits supplement report on same subject to be considered at same time.

Mr. O’ Neal  moved that the rules be suspended and that the resolution be adopted.

The motion prevailed, and the rules were suspended and the resolution adopted.

Resolution 183, by Mr. Carnathon:

Resolved by the people of Alabama, in Convention assembled, That hereafter no member shall speak longer than ten minutes, and more than twice on the same subject.

The resolution was referred to the Committee on Rules.

Resolution 184, by Mr. Cunningham:

Resolved, That after Tuesday next no per diem will be allowed to delegates to this Convention who are absent, except those granted leave of absence on account of sickness.

The resolution was referred to the Committee on Rules.

REPORT OF STANDING COMMITTEES.

Mr. O’ Neal , chairman of the Committee on Local Legislation, submitted the following report:

REPORT OF THE COMMITTEE ON LOCAL LEGISLATION.

Mr. President:

The Committee on Local Legislation instructs me to report herewith an ordinance to be made an article on that subject.


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CONSTITUTIONAL CONVENTION.

The evil of local legislation has long been recognized not only in Alabama, but in many other States of the Union. A number of recent State Constitutions have endeavored to check this tendency on the part of the Legislative Department by absolute prohibition of local or special laws in certain enumerated cases. This method of enumerating the subjects as to which the Legislature is prohibited from passing local, special or private laws, seems to be the only feasible plan of accomplishing the result, and has received the approval of the following States: California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana , Nevada, New Jersey, New York, South Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Texas, Washington, West Virginia, Wisconsin, and Wyoming. The reason why the other States have not sought to check this evil by similar constitutional limitations on the power of the Legislature, is no doubt due to the fact that they have not framed new Constitutions since the danger from this class of legislation has, become so patent, and its rapid and ever increasing growth so alarming. The Constitutional Convention of 1875 endeavored by what were then regarded as stringent provisions to prevent the growth of such legislation in Alabama, but that their efforts failed is made evident by the ever increasing flood of local and special laws which fill volumes containing the acts of the General Assembly. In recent years the number of local laws enacted have outnumbered the general laws in the proportion of about twenty to one. The books containing the general laws of the last two sessions of the General Assembly are less than the size of the old blue back Webster spelling book, while the volumes containing the local laws of those sessions are nearly ten times the size.

These local, special or private bills which we have sought to prohibit and regulate, destroy the harmony of the law, consume the time of the Legislature, and in some States have been the fertile source of jobbery. In the enumeration of subjects concerning which it is pro-


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posed the General Assembly shall not legislate by special, private or local law, we have endeavored to include those matters which seem to have consumed most of the time of the Legislature and occupied most of the space in the published acts. The requirements that the notice of intention to introduce a special, private or local law, shall be affirmatively shown by the Journal of each House, and that the courts and not the General Assembly shall be the judges of whether the subject of any local law is provided for by any general law and whether the relief sought can be granted by any court, will in the opinion of the committee, very materially aid in preventing local legislation.

We have also provided for the repeal of local laws now in existence upon the same notice being given and shown as is required in the passage of new ones.

One of the most common methods of evading provisions against special, private and local legislation consists in passing acts which, because they purport to amend general acts, are themselves deemed general. Another method consists in evading such laws by the partial repeal of general laws, by excepting certain counties, municipalities or corporations from their operation.

We have provided that the Legislature shall not indirectly enact such laws.

We have sought to prevent the assumption by the State Legislature of the direct control of local affairs.

The General Assembly is authorized to confer upon local courts powers of local legislation and administration, thereby not only saving the time and expense required in the passage of local acts, but also relegating these matters to the local authorities and forum, which can best appreciate and understand local necessities and demands.

One of the most alarming evils which is the outgrowth of local legislation and which has increased enormously in the last few years is the unlimited power of counties and municipalities to borrow money.


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CONSTITUTIONAL CONVENTION.

The last two Legislatures alone authorized an issue of many million dollars worth of bonds in this State. This we have endeavored to check or to safeguard by proper restrictions.

The committee has not deemed it necessary to report specially upon the several ordinances and resolutions referred to it. All have been maturely considered, and the principles of most have been incorporated in this ordinance. These ordinances are herewith respectfully returned.

EMMETT O’ NEAL , Chairman.

An ordinance concerning Local Legislation.

Be it ordained by the people of Alabama, in Convention assembled, that the following article on Local Legislation be inserted in the Constitution:

ARTICLE____.

LOCAL LEGISLATION.

Section 1.-The General Assembly shall not pass a special, private or local law in any of the following cases:

First-Granting a divorce.

Second-Relieving any minor of the disabilities of non-age.

Third-Changing the name of any corporation, association or individual.

Fourth-Providing for the adoption or legitimizing of any child.

Fifth-Incorporating a town, city or village.

Sixth-Granting a charter to any corporation, association or individual.

Seventh-Establishing rules of descent or distribution.

Eighth-Regulating the time within which a civil or criminal action may be begun.

Ninth-Exempting any person, corporation, county, township, municipality or association from the operation of any general law.


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Tenth-Providing for the sale of the property of any individual or estate.

Eleventh-Changing or locating a county seat.

Twelfth-Providing for a change of venue in any case.

Thirteenth-Regulating the rate of interest.

Fourteenth-Granting any exclusive or special privilege, immunity or franchise whatever.

Fifteenth-Fixing the punishment of crime or misdemeanors.

Sixteenth-Providing for or regulating either the assessment or collection of taxes.

Seventeenth-Giving effect to invalid will, deed or other instrument.

Eighteenth-Legalizing the invalid act of any officer.

Nineteenth-Authorizing any township, city, town or village to issue bonds or other securities

Twentieth-Amending, confirming or extending the charter of any corporation or remitting the forfeiture thereof.

Twenty-first-Creating, extending or impairing any lien.

Twenty-second-Chartering or licensing any ferry, road or bridge.

Twenty-third-Regulating the jurisdiction and fees of Justices of the Peace, or the fees of Constable.

Twenty-fourth-Establishing separate school districts.

Twenty-fifth-Establishing separate stock districts.

Twenty-sixth-Creating, increasing or decreasing fees, percentage or allowance of public officers. No special, private or local law, except a law fixing the time of holding courts, shall be enacted in any case, which is provided for by a general law, or when the relief sought can be given by any court of this State, and the courts and not the General Assembly shall judge as to whether the matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the General Assembly in-


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directly enact any such special, private or local law by the partial repeal of a general law.

The General Assembly shall pass general laws for the cases enumerated in this Section.

Sec. 2.-No special, private or local law shall be passed on any subject not enumerated in Section 1 of this article, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefore shall have been published, without cost to the State, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law, and be published at least once a week for four consecutive weeks in some newspaper, or if there is no newspaper published in the county, by posting the said notice for four consecutive weeks at five different public places in the county or counties, prior to the introduction of the bill; and the evidence that said notice has been given shall be exhibited to each House of the General Assembly, and the fact of said notice spread upon the Journal. The courts shall pronounce void every local law which the Journals do not affirmatively show was passed in accordance with the provisions of this section.

Sec. 3.-The General Assembly may repeal any special, private or local law upon notice being given and shown, as provided in the last preceding section.

Sec. 4.-The operation of no general law shall be suspended for the benefit of any individual, corporation, association, town, city, county or township, nor shall any individual, corporation, association, town, city, county or township be exempted from the operation of any general law.

Sec. 5.-The General Assembly may by general law confer upon Courts of County Commissioners, Boards of Revenue or other courts, such power of local legislation and administration touching all matters and things not provided for by general law, and not inconsistent with the provisions of this Constitution, as the General Assembly may from time to time deem expedient.

Sec. 6.-A general law, within the meaning of this


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article, is a law which applies to the whole State; a local law is a law which applies to any political subdivision or subdivisions of the State less than the whole-a special or private law, within the meaning of this article, is a law which applies to an individual, association or corporation.

The report of the committee was read at length and placed on the calendar, and 300 copies of the same was ordered printed.

SPECIAL ORDER.

The report of the Committee on Local Legislation was made a special order for consideration immediately after the disposition of the report of the Committee on Preamble and Declaration of Rights.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Executive Department; relative to Section 4 of the ordinance To create and define the Executive Department, reported by said committee.

The question was upon the motion of Mr. Rogers, of Sumter, to substitute ordinance 372:

The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of government, directed to the Speaker of the House of Representatives who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly, in joint convention; but the Speaker’s duty and the duty of the joint convention shall be purely ministerial.

The result of the election shall be ascertained and de-


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CONSTITUTIONAL CONVENTION.

clared by the Speaker from the face of the returns without delay.

The person having the highest number of votes for any one of said offices shall be declared duly elected, but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office.

Contested elections for Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

Which was under all adverse report from the committee, for the Section 4 reported by the Committee on Executive Department.

The substitute was adopted. Yeas, 64; nays, 44.

YEAS.

Messrs. Ashcraft,                                                        Maxwell,

Banks,                                                                         Merrill,

Barefield,                                                                    Miller (Wilcox),

Blackwell,                                                                   Moody,

Boone,                                                                         Morrisette,

Brooks,                                                                        Murphree,

Burns,                                                                          NeSmith,

Carnathon,                                                                  Norman,

Case,                                                                           Oates,

Chapman,                                                                    O’ Neal  (Jefferson),

Cobb,                                                                          Opp,

Cornwell,                                                                    Parker (Elmore),

Cunningham,                                                               Pearce,

Davis (DeKalb),                                                          Pillans,

Eley,                                                                            Pitts,

Espy,                                                                           Reynolds (Henry),

Grayson,                                                                      Robinson,

Greer (Perry),                                                              Rogers (Lowndes),

Haley,                                                                          Rogers (Sumter),

Heflin (Chambers),                                                     Searcy,

Henderson,                                                                  Sentell,


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Hood,                                                                          Smith, Mac. A.,

Jenkins,                                                                       Sollie,

Jones (Hale),                                                               Sorrell,

Jones (Wilcox),                                                           Thompson,

Kirk,                                                                            Walker,

Ledbetter,                                                                   Weatherly,

Leigh,                                                                          Whiteside,

Locklin,                                                                       Willett,

Lowe (Lawrence),                                                       Williams (Elmore),

McMillan (Wilcox),                                                     Wilson (Clarke),

Martin,                                                                        Wilson (Washington)-64.

NAYS.

Messrs. Bartlett,                                                          Byars,

Beddow,                                                                     McMillan (Baldwin),

Cardon,                                                                       Malone,

Cofer,                                                                          Mulkey,

Dent,                                                                           O’Neal (Lauderdale),

Eyster,                                                                         Pettus,

Ferguson,                                                                    Phillips,

Fitts,                                                                            Porter,

Foster,                                                                         Reynolds (Chilton),

Freeman,                                                                     Samford,

Gilmore,                                                                      Sanders,

Graham (Talladega).                                                   Sanford,

Handley,                                                                     Selheimer,

Harrison,                                                                     Sloan,

Hinson,                                                                        Smith, Morgan M.,

Hodges,                                                                       Spears,

Howell,                                                                       Tayloe,

Jackson,                                                                       Watts,

Jones (Montgomery),                                                  Weakley,

Knight,                                                                        Whiteside,

Lomax,                                                                        Williams (Barbour),

Macdonald,                                                                 Williams (Marengo)-44.

ANNOUNCEMENT OF PAIRS.

The following pairs on the above question were announced:


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CONSTITUTIONAL CONVENTION.

Messrs. Coleman, of Greene, and Duke; Messrs. Long, of Walker, and Kyle. Mr. Coleman, of Greene, would vote aye, and Mr. Duke nay. Mr. Long, of Walker, would vote aye, and Mr. Kyle nay.

SECTION FOUR.

Section 4 of the ordinance To create and define the Executive Department, as amended, was adopted.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business, which was the ordinance To create and define the Executive Department. The question was upon the adoption of Section 23.

Sec. 23. The Secretary of State shall be the custodian of the Seal of State, and shall authenticate therewith all official acts of the Governor; his approval of laws, resolutions, appointments to office, and administrative orders excepted. He shall keep a register of the official acts of the Governor, and when necessary shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either House of the General Assembly when required to do so, and shall perform such other duties as may be prescribed by law.

Was read at length.

Mr. Eyster offered the following amendment to Section 23, which was read at length:

Add the word Great ahead of the word Seal, in the first line.

The amendment was, on motion of Mr. Samford, laid upon the table.

Mr. Samford moved to adopt Section 23, as above set out, and the motion prevailed.

SECTION TWENTY-FOUR.

Sec. 24. All grants and commissions shall be issued in the name and by the authority of the State of Ala-


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bama, sealed with the Great Seal and signed by the Governor and countersigned by the Secretary of State.

Was read at length, and on motion of Mr. Jones, of Montgomery, Section 24, as above set out, was adopted.

SECTION TWENTY-FIVE.

Sec. 25. Should the office of Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, or Commissioner of Agriculture and Industries become vacant, for any cause, the Governor shall fill such vacancy until the disability is removed or a successor elected kind qualified. In any case of said officers shall become of unsound mind, such unsoundness shall be ascertained by the Supreme Court upon the suggestion of the Governor.

Was read at length, and on motion of Mr. Jones, of Montgomery, Section 25, as above set out, was adopted.

SECTION TWENTY-SIX.

Sec. 26. The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation for the adjustment of differences between employer and employee engaged in mining, manufacturing, transportation, or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or of some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to be done to adjust the dispute or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be enforced by appropriate proceedings in the courts, under such rule and regulations as may he prescribed by law. The Board shall have power to compel the production of


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CONSTITUTIONAL CONVENTION.

papers and the attendance of witnesses in matters germane to the dispute or difference, under such rules and regulations as may be provided by law.

Was read at length.

Mr. Beddow offered the following substitute for Section 26:

Amend by striking out Section 26 and insert the following in lieu thereof:

Sec. 26. A Board of Arbitration is hereby created, of which the Commissioner of Agriculture and Industries shall be ex officio secretary, and said Board shall be composed of five members, two of whom shall be appointed by the employer, two by the employees, and one by the four members hereinbefore provided for. When any dispute shall arise between employer and employee in this State each party to such dispute shall notify the secretary of the Board of Arbitration of their intention to submit each dispute to arbitration and each party to such dispute shall certify to said secretary the names of the two persons selected by such party to act as arbitrators. The secretary of the Arbitration Board shall forthwith call and commission the arbitrators so named to meet at the Capitol, who shall proceed to organize by electing a disinterested person to act as such fifth member of said Board. The Board so organized shall take cognizance of such disputes only as are voluntarily submitted to it for adjudication; but the Secretary shall have power to enforce in the court all of its awards. The Legislature shall, at its first session after the adoption of this Constitution, enact laws for the enforcement of the awards of the Board herein created, and provides compensation for the members thereof.

RECESS.

Pending the further consideration of the report of the committee, the hour of 1 o’clock p. m. arrived, and under the rules the Convention recessed until 3 o’clock this afternoon.


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AFTERNOON SESSION.

The Convention met pursuant to adjournment.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,                                                       Graham (Montgomery),

Ashcraft,                                                                     Graham (Talladega),

Banks,                                                                         Grant,

Barefield,                                                                    Grayson,

Bartlett,                                                                       Greer (Perry),

Beddow,                                                                     Haley,

Bethune,                                                                      Handley,

Blackwell,                                                                   Heflin (Chambers),

Boone,                                                                         Henderson,

Brooks,                                                                        Hodges,

Browne,                                                                      Hood,

Burns,                                                                          Howell,

Byars,                                                                          Jackson,

Cardon,                                                                       Jenkins,

Carnathon,                                                                  Jones (Hale),

Case,                                                                           Jones (Montgomery),

Chapman,                                                                    Jones (Wilcox),

Cobb,                                                                          Kirk,

Cofer,                                                                          Knight,

Cunningham,                                                               Kyle,

Davis (DeKalb),                                                          Ledbetter,

Dent,                                                                           Leigh,

deGraffenried,                                                            Locklin,

Duke,                                                                          Lomax,

Eley,                                                                            Lowe (Lawrence),

Eyster,                                                                         Macdonald,

Espy,                                                                           McMillan (Baldwin),

Ferguson                                                                     McMillan (Wilcox),

Fitts,                                                                            Malone,

Foster,                                                                         Martin,

Freeman,                                                                     Maxwell,


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Merrill,                                                                        Samford,

Miller (Wilcox),                                                           Sanders,

Moody,                                                                       Sanford,

Morrisette,                                                                   Searcy,

Mulkey,                                                                       Selheimer,

Murphree,                                                                    Smith (Mobile),

NeSmith,                                                                     Smith, Mac. A.,

Norman,                                                                      Smith, Morgan M.,

Norwood,                                                                    Sollie,

Oates,                                                                          Thompson,

O’Neal (Lauderdale),                                                  Walker,

Pearce,                                                                         Watts,

Pettus,                                                                         Weatherly,

Pillans,                                                                         White,

Pitts,                                                                            Whiteside,

Porter,                                                                         Willett,

Robinson,                                                                    Williams (Barbour),

Rogers, (Lowndes),                                                    Wilson (Clarke),

Rowers (Sumter),                                                        Wilson (Washington)-101

LEAVE OF ABSENCE.

Was granted to Messrs. Banks for the 13th June and to-day; O’ Neal , of Lauderdale, for Monday; Cornwell for this afternoon.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business, which was the substitute offered by Mr. Beddow for Section 26 of the ordinance To create and define the Executive Department.

Mr. deGraffenried moved to table the substitute offered by Mr. Beddow.

The motion prevailed, and the substitute was laid upon the table.

Mr. Jones, of Montgomery, moved that Section 26, The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation, for the adjustment of differences between employer and employee engaged in mining, manufacturing, transport-


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JOURNAL OF ALABAMA

tation or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to he done to adjust the dispute or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be enforced by appropriate proceedings in the courts, under such rules and regulations as may be proscribed by law. The Board shall have power to compel the production of papers and the attendance of witnesses in matters germane to the dispute or difference, under such rules and regulations as may be provided lay law, be laid upon the table.

The motion prevailed, and Section 26 was laid upon the table.

SECTION TWENTY-SEVEN.

Sec. 27. The Governor, Auditor and Treasurer, or the Governor and either the Auditor or Treasurer, when there are funds in the Treasury not immediately needed, may loan out the same on call, for such time and at such rate of interest as they may deem advisable, taking as collateral, bonds of the United States, or of this State, to the full value of the amount loaned, and the interest agreed to be paid therefore; such loans shall not be made until after one week’s public notice, through some paper published at the Capital, and a record of such loans shall be kept in the office of the Auditor, and reported by the Governor to the General Assembly at its next meeting, was read at length.

The following minority report was submitted by Mr. Vaughan, from the Committee on Executive Department:


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CONSTITUTIONAL CONVENTION.

And he further recommends that Section 27 (which relates to the loaning of money in the State Treasury), as reported by said committee, be stricken out and do not pass.

Mr. Handley offered the following substitute for Section 27 and the minority report:

That if at any time there is a surplus in the State Treasury above the needs of the State government economically administered, it shall be the duty of the Governor to report that fact to the General Assembly, and in that event it shall be the duty of the General Assembly to reduce the rate of taxation allowed by the Constitution, in such proportion that such surplus bears to the ordinary expenses of the State government honestly administered.

Mr. Jones, of Montgomery, moved to table the Section 27, and the pending substitute.

The motion prevailed, and Section 27 and the substitute was laid upon the table.

SECTION TWENTY-EIGHT.

Sec. 28. The State Treasurer, State Auditor, Attorney General and the Commissioner of Agriculture and Industries shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall every year at a time the General Assembly may fix, make a full and complete report to the Governor, showing the receipts and disbursements of revenues of every character, and all claims audited and paid out by items, and all taxes and revenues collected and paid into the Treasury, and from what sources, and they shall make reports oftener upon any matters pertaining to their office if required by the Governor or General Assembly, was read at length.

Mr. Murphree offered the following amendment, which was read at length:

Amend Section 28 to insert after the word Auditor, in first line, the words Secretary of State.

The amendment was adopted.


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JOURNAL OF ALABAMA

Mr. Jones, of Montgomery, moved that Section 28, as amended, be adopted.

The motion prevailed, and Section 28 was adopted.

SECTION TWENTY-NINE.

Sec. 29. The State Auditor, State Treasurer, Attorney General, Secretary of State and Commissioner of Agriculture and Industries shall not receive to their use, any fees, costs, perquisites of office, or other compensation than their salaries as prescribed by law, and all fees that may be payable for any services performed through such officers shall not be at once paid into the State Treasury. Was read at length, and on motion of Mr. Jones, ofMontgomery, the Section 29 was adopted.

SECTION THIRTY

Sec. 30. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for a term of four years, unless sooner removed, and shall be ineligible to such office as his own successor.

Whenever any prisoner is taken from the jail or from the custody of the Sheriff or his deputies, and put to death, or suffers grievous bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, such Sheriff may be impeached under Section 2 of Article VII of the Constitution; and the Governor, when satisfied, after hearing the Sheriff, that he should be impeached, may suspend him from office for such time as he may think proper, until the impeachment proceedings are finally disposed of, was read at length.

Mr. Wilson, of Washington, offered the following amendment to Section 30, which was read at length:

Amend Section 30 by striking from lines two and three the following words, and shall be ineligible to such office as his own successor.

The amendment was lost.

Mr. Samford offered the following amendment to Section 30, which was read at length:


399

CONSTITUTIONAL CONVENTION.

Amend Section 30 by striking out that part of the Section after the period on line three.

The amendment was, on motion of Mr. O’ Neal , of Lauderdale, laid upon the table.

Mr. Sollie moved to recommit Section 30 to the Committee on Executive Department.

Mr. Boone offered the following amendment to Section 30, which was read at length:

Amend Section 30 of Article V in line seven, after the word impeached, to read may suspend him from office until the impeachment proceedings are decided.

The amendment was adopted.

Mr. Murphree offered the following amendment to Section 30, which was read at length:

Amend Section 30 by inserting in second line after word and he and his deputies shall be ineligible to such office for four years after the term of the Sheriff expires.

Mr. deGraffenried moved to table the amendment offered by Mr. Murphree.

The motion prevailed, and the amendment was laid on the table.

Mr. Blackwell offered the following amendment to Section 30, which was read at length:

To amend the report of the Committee on Executive Department as follows: and after the line in Section 30 of Article V: That if the Sheriff should be impeached he shall not be eligible to hold any other office in this State during the time for which he had been elected to serve as Sheriff.

Mr. Barefield moved to table the amendment offered by Mr. Blackwell.

The motion to table was lost.

The amendment offered by Mr. Blackwell was adopted.

Mr. Burns offered the following amendment to Section 30, which was read at length:

Amend Section 30 by striking all after the word successor in the third line.

Mr. deGraffenried moved to table the amendment offered by Mr. Burns.


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JOURNAL OF ALABAMA

The motion prevailed, and the amendment was laid on the table.

Mr. deGraffenried offered the following amendment to Section 30, which was read at length:

Amend Section 30 by striking therefrom the words such office as his own successor in the third line and insert therein in lieu thereof the following: To election or appointment to any office under this State for one year after the expiration of his term.

The amendment was adopted: Yeas, 44; nays, 39.

YEAS.

Messrs. President,                                                       McMillan (Baldwin),

Ashcraft,                                                                     McMillan (Wilcox),

Beddow,                                                                     Malone,

Blackwell,                                                                   Maxwell,

Boone,                                                                         Mulkey,

Brooks,                                                                        NeSmith,

Browne,                                                                      Norman,

Case,                                                                           O’ Neal  (Lauderdale),

Cofer,                                                                          Pillans,

Cunningham,                                                                Pitt,

deGraffenried,                                                             Searcy,

Espy,                                                                           Sloan,

Foster,                                                                         Tayloe,

Freeman,                                                                     Thompson,

Graham (Talladega).                                                   Weakley,

Handley,                                                                     Weatherly,

Hodges,                                                                       White,

Hood,                                                                          Whiteside,

Howell,                                                                       Willett,

Jones (Wilcox),                                                           Williams (Barbour),

Kirk,                                                                            Wilson (Washington)-44.

Kyle,

NAYS.

Messrs. Barefield,                                                       Burns,

Bartlett,                                                                       Byars,

Beavers,                                                                      Cardon,


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CONSTITUTIONAL CONVENTION.

Carnathon,                                                                  O’ Neal  (Jefferson),

Chapman,                                                                    Pearce,

Davis (DeKalb),                                                          Pettus,

Eyster,                                                                         Phillips,

Ferguson,                                                                    Porter,

Fitts,                                                                            Robinson,

Graham (Montgomery),                                              Rogers (Sumter),

Grayson,                                                                      Samford,

Henderson,                                                                  Sanders,

Jenkins,                                                                       Sanford,

Jones (Montgomery),                                                  Smith, Morgan M.,

Knight,                                                                        Sollie,

Leigh,                                                                          Spears,

Locklin,                                                                       Walker,

Martin,                                                                        Williams (Marengo),

Murphree,                                                                    Wilson (Clarke)-39.

Oates,

Mr. Wilson of Clarke, raised the point of order that no quorum had voted upon the adoption of the amendment. The point was not sustained.

ANNOUNCEMENT OF PAIRS.

The following pairs were announced on the question of the adoption of the amendment and the adoption of Section 30:

Messrs. Watts and Jones, of Hale. Mr. Watts would vote aye, and Mr. Jones, of Hale, would vote nay.

RECONSIDERATION.

Mr. Wilson, of Washington, gave notice that on tomorrow (Monday) he would move to reconsider the vote by which Section 30 was adopted.

RECONSIDERATION.

Mr. Wilson, of Washington, gave notice that on tomorrow (Monday) he would move to reconsider the vote by which the amendment offered by Mr. deGraffenried was adopted.


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JOURNAL OF ALABAMA

Mr. deGraffenried moved that Section 30, as amended; be adopted.

The motion prevailed, and Section 30 was adopted.

Mr. Browne offered the following amendment to the ordinance under consideration:

Amend the article reported by the Committee on Executive Department by inserting the following section after Section 25:

Sec. 26. The Governor, Attorney General, Secretary of State, Auditor and Treasurer shall constitute a Board of Equalization. The duty of such Board shall be to adjust and equalize the valuation of real and personal property for taxation among the several counties of the State, and to perform such other duties, pertaining to the equalization of taxable values of property among the counties as may be prescribed by law.

Mr. Samford proved to table the amendment offered by Mr. Browne:

The motion prevailed, and the amendment was laid upon the table.

ADJOURNMENT.

On motion of Mr. Blackwell the Convention adjourned until Monday morning at 10 o’clock.

TWENTY-EIGHTH DAY.

CONVENTION HALL.

Montgomery, Ala., Monday June 24, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Howell, of the Convention.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:


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CONSTITUTIONAL CONVENTION.

Messrs. President,                                                       Grant,

Almon,                                                                        Grayson,

Ashcraft,                                                                     Greer (Calhoun),

Banks,                                                                         Haley,

Barefield,                                                                    Handley,

Bartlett,                                                                       Harrison,

Beavers,                                                                      Heflin (Chambers),

Beddow,                                                                     Heflin (Randolph),

Bethune,                                                                      Henderson,

Blackwell,                                                                   Hinson,

Boone,                                                                         Howell,

Brooks,                                                                        Howze,

Browne,                                                                      Inge,

Bulger,                                                                        Jackson,

Burnett,                                                                       Jenkins,

Burns,                                                                          Jones (Bibb),

Byars,                                                                          Jones (Hale),

Cardon,                                                                       Jones (Montgomery),

Carmichael (Colbert),                                                  Jones (Wilcox),

Carmichael (Coffee),                                                  Kirk,

Carnathon,                                                                  Kirkland,

Case,                                                                           Knight,

Chapman,                                                                    Kyle,

Cobb,                                                                          Leigh,

Cornwell,                                                                    Locklin,

Davis (DeKalb),                                                          Lomax,

Davis (Etowah),                                                          Long (Butler),

Dent,                                                                           Lowe (Lawrence),

deGraffenried,                                                             Macdonald,

Duke,                                                                          McMillan (Baldwin),

Eyster,                                                                         McMillan (Wilcox),

Espy,                                                                           Malone,

Ferguson,                                                                    Martin,

Fitts,                                                                            Miller (Marengo),

Foshee,                                                                        Miller (Wilcox),

Foster,                                                                         Moody,

Freeman,                                                                     Morrisette,

Gilmore,                                                                      Mulkey,

Glover,                                                                        Murphree,

Graham (Montgomery),                                               NeSmith,

Graham (Talladega),                                                   Norman


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JOURNAL OF ALABAMA

Norwood,                                                                    Sentell,

Oates,                                                                          Sloan,

O’ Neal  (Jefferson),                                                     Smith (Mobile),

Opp,                                                                            Smith, Mac. A.,

O’ Rear,                                                                       Sollie,

Palmer,                                                                        Spears,

Parker (Cullman),                                                        Tayloe,

Parker (Elmore),                                                          Thompson,

Pearce,                                                                         Vaughan,

Pettus,                                                                         Waddell,

Phillips,                                                                       Walker,

Pitts,                                                                            Watts,

Porter,                                                                         Weakley,

Proctor,                                                                       Weatherly,

Reese,                                                                          White,

Reynolds (Henry),                                                      Whiteside,

Robinson,                                                                    Willett,

Rogers (Sumter),                                                         Williams (Barbour),

Samford,                                                                     Williams (Marengo),

Flanders,                                                                     Wilson (Clarke).

Sanford,                                                                      Wilson (Washington)-125

Searcy,

LEAVE OF ABSENCE

Was granted to Messrs. Cunningham for to-day; Jones of Montgomery, for to-morrow; Lomax for to-day and to-morrow; Glover for last Saturday; Williams, of Elmore, indefinitely; Studdard for to-day and to-morrow; Greer, of Perry, for to-day; Smith, M. M., for to-day and to-morrow ; Sentell this evening and to-morrow.

REPORT OF THE COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-seventh day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.


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CONSTITUTIONAL CONVENTION.

RESOLUTIONS.

The following resolution was offered. The rules were suspended and the resolution was adopted:

Resolution No. 185, by Mr. Jones, of Montgomery:

Resolved, That in engrossing the ordinance on Executive Department, the Secretary be instructed to change the number of the sections in the ordinance to confirm to the action of the Convention.

Adopted.

The following resolution was offered, read one time at length, and referred to the Committee on Rules:

Resolution No. 186, by Mr. Foster:

Resolved, That beginning with to-day, the afternoon sessions of this Convention shall be from 4 o’clock p. m. to 6 o’clock p. m.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows:

Ordinance No. 396, by Mr. John W. A. Sanford:

An ordinance to prohibit the General Assembly from authorizing lotteries, gift enterprises or pool selling on sports or games of an