Friday, December 20, 1922.

The Senate met pursuant to adjournment.

A message from the House of Representatives, by Mr. Davis:

Mr. President- I am instructed by the House of Representatives to inform your honorable body, that they have read a third time and passed a bill, originating in this house, entitled ‘an act for the emancipation of slaves;’ in which they desire your concurrence. They concur in the amendments made by your honorable body to the bill, entitled ‘an act supplementary to an act entitled an act permanently to fix the seat of justice for the counties of Tuskaloosa and Perry, passed 27th November, 1821.’

Mr. Moore, from the select committee, to whom was referred the petition of the members of Washington Lodge, number twenty-three of Ancient Free Masons, reported, That it is unnecessary to pass any law on the subject, because the law passed at the last session of the General Assembly, grants all the powers prayed for in said petition to all the Lodges of Ancient Free Masons in the state; which was concurred in.

Mr. Shackleford moved that the further consideration of the resolutions proposing to the people of the state of Alabama, changes in the constitution of this state therein mentioned, be postponed until the first day of February next; which was decided in the affirmative.

A bill from the House of Representatives, to be entitled ‘an act to provide for the emancipation of slaves,’ was read the first time. Ordered, to be read a second time on to morrow.

Mr. Moore obtained leave to introduce a bill to be entitled ‘an act


108

concerning the Huntsville Masonic Lottery;’ which was read the first time.

Ordered, to be read a second time on to-morrow.

The Senate according to order, resolved itself into a committee of the whole, on the bill, entitled ‘an act to raise a revenue for the support of Government for the year 1823,’ Mr. Casey in the chair; and, after some time spent in the consideration thereof, the committee rose, and Mr. Casey reported the same with sundry amendments; which were concurred in.

Mr. McVay offered the following amendments to said bill: ‘Provided that no lands sold by the United States subsequent to the 1st day of January 1818, shall be assessed or taxed for five years after the sale thereof.'

Ordered, that said bill, together with the amendment be laid on the table, until 3 o’clock.

A bill, entitled ‘an act to repeal in part and amend an act entitled an act supplementary to an act to establish a State University,’ was read the second time.

Ordered, to be committed to a committee of the whole and made the order of the day for 3 o‘clock this evening.

A resolution for the encouragement of domestic manufactures was read the second time and amended.

Ordered, to be engrossed for a third reading on to-morrow.

A bill to be entitled ‘an act to increase the compensation of certain commissioners appointed by an act entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes passed 27th Dec. 1821;’ was read the second time.

Mr. McVay moved to amend said bill by striking out all that part which provides for an increase of the compensation of the commissioners which was lost.

Mr. McVay then moved that the further consideration of said bill, be indefinitely postponed; which was lost.

Ordered, that said bill be engrossed for a third reading on to-morrow.

A bill to be entitled ‘an act the better to designate the line between the counties of Jackson and Decatur,’ was read the second time.

Ordered, that said bill be engrossed for a third reading on to-morrow.

A bill, to be entitled ‘an act concerning the printing, binding & disposing of the digest of the statute laws of this state,’ was read the second time.

Mr. Bibb offered the following amendment to said bill: 'And be it further enacted, that an act to enable the people of the Alabama Territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states; the constitution of the United States; of the State of Alabama, and the declaration of American Independence, be also printed and embodied in said Digest,' which was adopted.

Mr. Hopkins moved to strike out the word ‘three’ in the 5th section of said bill, and insert in lieu, the word ‘two’ so as to provide for the printing of two, instead of three thousand copies of the Digest; which was decided in the affirmative.

Mr. Powell moved to strike out the word ‘bond’ in the fifth section of said bill, where it requires justices of the peace on receiving a copy of the Digest, to execute a bond, and insert in lieu thereof, the word ‘receipt,’ which was decided in the affirmative.

Mr. Moore moved to amend said bill, by striking out the word, 'February’ and inserting in lieu thereof, the word ‘March,’ where it requires the Governor to receive proposals for the printing of the Digest until the first day of February next; which was decided in the affirmative.


109

Yeas

16

Nays

3.

The yeas & nays being called for, those who voted in the affirmative, are,

Mr President

Conner

McCamy

Murphy

Armstrong

Crabb

McVay

Powell

Casey

Devereux

Metcalf

Shackleford

Coats

Hopkins

Moore

Wood- 16.

Those who voted in the negative, are

Messrs. Bibb

Smith

Sullivan- 3.

Mr. Smith offered the following amendment,

‘And be it further enacted, that the said Harry Toulmin be required to add to the said digest some of the most useful forms, such as he in his wisdom may think most advisable,’ which was rejected. Ordered, that said bill be engrossed, for a third reading on to-morrow.

A resolution for the convenience of John A. Elmore, was read the second time; and Ordered, to be engrossed for a third reading on to-morrow.

On motion the Senate adjourned until 3 o’clock P. M.

3 o’clock P. M.

The Senate met pursuant to adjournment.

On motion of Mr. Casey, Ordered, that the resolution of the House of Representatives proposing to go into the selection of an eligible site for the University this day at three o’clock P. M. be laid upon the table.

On motion the bill to be entitled ‘an act to raise a revenue for the support of government for the year 1823 was taken up.

The question was put on the adoption of the amendment offered by Mr. McVay, and decided in the negative.

Mr. Sullivan offered the following amendment to said bill: ‘And be it further enacted, That the assessor and tax collector in each and every county, in this state, shall receive                per centum, for collecting and paying over the county tax to the county Treasurer.’ Which was rejected.

Yeas

3

Nays

16.

The yeas & nays being called for, those who voted in the affirmative, are

Mr. Conner

Shackleford

Sullivan- 3.

Those who voted in the negative are,

Mr. President

Coats

McCamy

Murphy

Armstrong

Crabb

McVay

Powell

Bibb

Devereux

Metcalf

Smith

Casey

Hopkins

Moore

Wood- 16.

Mr. McVay moved to strike out so much of the said bill as requires persons to give in their lands upon oath;  which was lost.

Ordered, that said bill be made the order of the day for a third reading on to-morrow.

The Senate according to order, resolved itself into a committee of the whole, on the bill to be entitled ‘an act to amend and repeal in part the several acts concerning roads,' Mr. Casey in the chair; and, after some time spent therein, the committee rose, and Mr. Casey reported the same as amended.

Mr. Moore moved, that said bill and report be laid upon the table; which was decided in the negative.

Yeas

7.

Nays

11.

The yeas and nays being desired, those who voted in the affirmative, are,

Mr. Hopkins

Moore

Shackleford

Wood- 7.

McCamy

Powell

Sullivan

Those who voted in the negative are,

Mr. President

Casey

Conner

Devereux

Metcalf

Bibb

Coats

Crabb

McVay

Murphy

Smith- 11.

 


110

On motion of Mr. Casey, Ordered, that said bill be referred to a select committee, consisting of Messrs. Casey, Moore, and Metcalf.

A message from the House of Representatives by Messrs. Harris and Davis:

Mr. President, I am instructed by the House of Representatives to inform your honorable body, that they have adopted the following resolution: Resolved, That a message be sent to the Senate, informing them, that this house is now ready to receive them, in order to go into the election of a Comptroller of Public Accounts, and State Treasurer.  Whereupon, the members of the Senate repaired to the Representatives Hall, and after having taken their seats, Mr. President arose and announced the object of the meeting: when both houses proceeded to the election of Comptroller of public accounts. Samuel Pickens, Esquire, being in nomination: Those who voted for Mr. Pickens, are,

Mr. President

Smith

Durrett

Hardwicke

Pope

Bibb

Sullivan

Davis

Hill

Rutherford

Casey

Wood

Edmondson

Harvey

Riviere

Coats

Mr. Speaker

Fitzpatrick

Jones

Rather

Conner

Adair

Fitz

Jackson

Skinner

Crabb

Abercrombie

Farrar

Kennedy

Shortridge

Devereux

Adams

Fearn

Leake

Sanders

Hopkins

Barclay

Ford

Mead

Taylor

McCamy

Bailey

Gayle

Merriwether

Terrell

McVay

Browne

Harris of B.

Montgomery

Thompson

Metcalf

Browning

Harris of W.

Morton

Wallace

Moore

Crenshaw

Hunter of T.

Martin

Winston

Murphy

Clay

Hunter of C.

McClung

Weissinger

Powell

Coleman

Hubbard

Norwood

Williams

Shackleford

Dulaney

Hallett

Oliver

Young- 75.

Mr. Pickens having a majority of the whole number,

Mr. Speaker declared him duly elected Comptroller of public accounts,

Both houses then proceeded to the election of a State Treasurer John C. Perry, Esquire, being in nomination.

Those who voted for Mr. Perry, are,

Mr. President

Smith

Durrett

Hardwicke

Pope

Bibb

Sullivan

Davis

Hill

Riviere

Casey

Wood

Edmondson

Harvey

Rutherford

Coats

Mr. Speaker

Fitzpatrick

Jones

Rather

Conner

Adair

Fitz

Jackson

Skinner

Crabb

Abercrombie

Farrar

Kennedy

Shortridge

Devereux

Adams

Fearn

Leake

Sanders

Hopkins

Browne

Ford

Mead

Taylor

McCamy

Barclay

Gayle

Merriwether

Terrell

McVay

Bailey

Harris of B.

Montgomery

Thompson

Metcalf

Browning

Harris of W.

Martin

Wallace

Moore

Crenshaw

Hunter of T.

Morton

Winston

Murphy

Coleman

Hunter of C.

McClung

Weissinger

Powell

Clay

Hubbard

Norwood

Williams

Shackleford

Dulaney

Hallett

Oliver

Young- 75.

Mr. Perry having a majority of the whole number, Mr. Speaker announced him duly elected Treasurer of the State of Alabama.

The elections having been gone through, the Senate withdrew and retired to their own chamber, and Mr. President resumed the chair.

The Senate according to order resolved itself into a committee of the whole, on the bill to be entitled ‘an act to repeal in part and amend an act supplementary to an act to establish a State University,’ Mr. Bibb in the chair, and after some time spent therein, the committee rose and Mr. Bibb reported that the committee had according to order, had said bill under consideration, but not having time to go through with the same, had instructed him to report progress and ask leave to sit again which was granted.


111

The Senate adjourned until 7 o’clock, P. M.

7 o’clock, P. M.

The Senate again met pursuant to adjournment.

The Senate resolved itself into a committee of the whole on the bill to be entitled ‘an act to repeal in part and amend an act entitled an act supplementary to an act to establish a State University,’ Mr. Bibb in the chair; and after some time spent therein, the committee rose and Mr. Bibb reported the same with sundry amendments, which were concurred in.

Mr. Casey moved to strike out so much of said bill as provides for selecting a site for a female school at the same time of selecting the site for the principal university; which was lost.

Mr. Hopkins moved to amend the 8th section of said bill, by striking out all after the 3d word in the eighth line, and inserting in lieu thereof, the following: ‘and remain a lien forever on the land sold, and upon the payment of the first, second, and third payments, with interest as aforesaid, it shall be the duty of the said trustees to execute to the purchaser a lease for the land described in the certificate of purchase for the term of ninety-nine years, renewable forever, to bear interest on the residue of the purchase money at the rate of                     per centum per annum, conditioned to pay the interest annually;’ and also by striking out the 11th and 12th sections thereof. And on the question being put, it was decided in the negative.

Yeas

6-

Nays

13.

The yeas & nays being called for, those who voted in the affirmative, are,

Mr. President

Hopkins

McVay

Moore

Smith- 6.

Crabb

Those who voted in the negative, are,

Mr. Armstrong

Coats

McCamy

Powell

Wood- 13.

Bibb

Conner

Metcalf

Shackleford

Casey

Devereux

Murphy

Sullivan

Mr. Hopkins then moved to strike out all of that part of said bill which vests in the trustees, a discretionary power, to invest one hundred thousand dollars of the university funds in the stock of the State Bank, should one be established, or in stock of the state, should any such be created; which was decided in the negative.

Yeas

6-

Nays

13.

The yeas & nays being desired, those who voted in the affirmative are,

Mr. President

Devereux

Hopkins

McVay

Powell- 6.

Bibb

Those who voted in the negative, are,

Mr. Armstrong

Conner

Metcalf,

Shackleford

Wood- 13

Casey

Crabb

Moore

Smith

Coats

McCamy

Murphy

Sullivan

On motion, ordered, that said bill be read a third time on to-morrow.

Mr. Moore, from the special committed, to whom was referred the petition of sundry inhabitants of Limestone county reported a bill, to be entitled ‘an act to incorporate the Limestone Navigation Company;’ which was read the first time, and ordered to be read second time on to-morrow.

On motion, the senate adjourned till to-morrow morning 10 o’clock.