TWENTY-THIRD DAY.

FRIDAY, October 1, 1875.

The Convention met pursuant to adjournment.

Prayer by the Rev. Mr. Richards of the Convention.

Reading of the journal was dispensed with.

The President announced as the committee on the address to the people, Messrs. Lyon, Pugh, Pickett, Stone, Langdon, Moren, Foster of Barbour, Cobb, Rather, Little, Gamble, and Lea of Dallas.

Mr. McClellan offered, as an additional article: “The General Assembly shall forever foster and encourage the agricultural and mechanical interests of the State.” Referred to committee on the order, harmony and consistency of the whole constitution.

Mr. Pugh, from committee on the order, consistency and harmony of the whole constitution, made a report on the legislative department. It strikes out section fifty, in relation to dueling, as power has been granted the Legislature to prepare laws on the subject.


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Also, strikes out section fifty-eight, and puts it at the end of the constitution.

On the executive department, it adds to the first section “superintendent of education.”

Section twenty-three adds “superintendent of education” to the list of officers to be elected.

On exempted property it changes the first section, and exempts after “13th day of July, 1868,” instead of “since adoption of the constitution of 1867,” as in the original section.

On finance and taxation it strikes out in the fourth section, “Provided, That after tile ratification of this constitution a greater rate of taxation than one-half of one per centum shall not be levied by the General Assembly.”

In section eight it changes “superintendent of public instruction” to “superintendent of education;” all of which were concurred in.

The Convention adjourned until 3 2 p. m.

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AFTERNOON SESSION.

The Convention met at 4 p. m.

Mr. Pugh, from the committee on the order, harmony and consistency of the whole constitution, made reports, with verbal amendments, on the remaining articles; all of which were concurred in.

The Convention then adopted the constitution as a whole.

The following schedule was also reported by the committee:

SCHEDULE.

In order that no injury or inconvenience may arise from the alterations and amendments made by this constitution to the existing constitution of this State, and to carry this constitution into effect, it is hereby ordained and declared:

1. That all laws in force at the ratification of this constitution, and not inconsistent therewith, shall remain in full force until altered or repealed by the General Assembly; and all rights, actions, prosecutions, claims and contracts of this State, counties, individuals or bodies corporate, not inconsistent with this constitution, shall continue to be as valid as if this constitution had not been ratified.

2. That all bonds executed by or to any officer of this State, all recognizances, obligations, and all other instruments executed to this State, or any subdivision or municipality thereof,


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before the ratification of this constitution, and all fines, taxes, penalties and forfeitures due and owing to this State, or any subdivision, or to any municipality thereof; and all writs, suits, prosecutions, claims and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the ratification of this constitution. All indictments which may have been found, or which may hereafter be found, for any crime or offense committed before the ratification of this constitution, shall be proceeded upon in the same manner as if this constitution had not been ratified.

3. That all the executive and judicial officers, and all other officers in this State, who shall have been elected at the election held in this State on the third day of November, 1874, or who may have been appointed since that time, and all members of the present General Assembly, and all that may be hereafter elected members of the present General Assembly, and all other officers holding office at the time of the ratification of this constitution, except such as hold office under any act of the General Assembly, shall continue in office and exercise the duties thereof until their respective terms shall expire as provided by the present constitution and laws of this State.

4. This constitution shall be submitted to the qualified electors of this State for ratification or rejection, as authorized and required by an act of the General Assembly of this State entitled, “An act to provide for the calling of a convention to revise and amend the constitution of this State, A. D. 1875.”

5. If at said election the said constitution shall be found to have been ratified by a majority of all the qualified electors voting at said election, the said new constitution of the State of Alabama, within the time stated in the proclamation of the Governor, and shall thereafter be binding and obligatory as such upon all the people of this State, according to the provisions of said act, approved nineteenth day of March, A. D. 1875.

6. That instead of the publication as required by section twelve of said act, the Governor of the State is hereby authorized to take such steps as will give general publicity and circulation to this constitution in as economical manner as practicable.

7. That all laws requiring an enumeration of the inhabitants of this State during the year 1875 are hereby avoided.

8. That the Board of Education of this State is hereby abolished.

9. The salaries of the executive and judicial officers of this State who may be holding office at the time of the ratification


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of this constitution, and the pay of the present members of the General Assembly, shall not be affected by the provisions of this constitution.

Mr. Rice offered the following amendment:

Nothing contained in this constitution shall be construed to repeal, impair or affect any statutory provision now existing for the benefit of any fire company or firemen’s organization.

Pending consideration of the schedule, the convention adjourned until 9 o’clock to-morrow.

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