FIFTH DAY.

FRIDAY, September 10, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Tichenor.

The journal of yesterday was read and approved.

Mr. Sykes, from the select committee on rules, made a partial report, as follows:

The committee on rules have had the same under consideration, and instruct me to make the following partial report:

Not having had the time to frame an entire body of rules, we have taken the rules of the House of Representatives of 1874-5, as the basis, and recommend their adoption, with the changes indicated in this report. First. Strike out “Speaker,” and insert “President.” Second. That the 9th of said rules be changed by adding thereto the following, namely, “except a chairman of a standing committee, when the subject under consideration is the report of his committee.” Third. That the 11th of said rules be changed by adding thereto the following: “but the yeas and nays shall not be called, unless at the desire of one-sixth of the members present.” Fourth. That the 26th of said rules shall be so changed as to read as follows: “After the journal is read, the first half hour shall be appropriated to the introduction of resolutions and propositions looking to the amendment and revision of the constitution, unless such business is sooner disposed of.” The next business shall be, first, reports from standing committees;


22

second, reports from select committees, which may, also, be made at any time during the session of the convention, unless precluded by a privileged motion or order; third, orders of the day, provided that orders set for a definite time shall be taken up; fourth, unfinished and miscellaneous business.

The order of business above prescribed, shall be followed unless suspended by a vote of two-thirds of the convention.

Fifth. That the 34th of said rules be changed by striking out the word “bill,” and inserting the words “articles of the constitution.” Sixth. That the 37th of said rules be changed by adding the following: “but the committee of the whole may adopt rules limiting the time of each speaker and the number of speeches by any member on the same question.” Seventh. That the 21st, 27th, 29th, 30th, 31st, 32d, 35th, 39th and 41st rules be stricken. out, as they are inappropriate to the convention. Eighth. The 22d and 23d rules have already been changed by the convention, which changes the committee recommend be continued.

Mr. Rice moved to postpone the consideration of the report until to-morrow; which motion was lost.

Mr. Rice, an amendment that free discussion shall not be suppressed, denied or impaired by any vote of this convention of less than four-fifths of the delegates voting.

Mr. Powell of Tuscaloosa, moved the previous question, and the call was sustained.

The report of the committee was then concurred in.

Mr. Foster of Barbour, moved to reconsider the vote yesterday adopting the resolution authorizing an address to the people at the close of the convention; which motion was carried.

Mr. Foster moved to amend the resolution by making the number of the committee five from the State at large and one from each congressional district, which motion was adopted, and the resolution as thus amended was adopted.

Mr. Foster of Barbour, a resolution that the committee on education be instructed to prepare and submit to the convention for its action a memorial to congress asking that an appropriation, of not less than $300,000, be made by the General Government to rebuild the buildings of the State University and apparatus of the University, destroyed by fire by the Federal troops, April 3, 1865; ruled out of order.

Mr. Garrett, a resolution that the committee on finance and taxation be requested to enquire if the expenses of the assessment and collection of taxes cannot be lessened, and to this end that they enquire whether it would not be more expeditious and economical for the assessments in each election pre-


23

cinct to be made by justices of the peace, or other persons appointed by the Auditor.

Resolved, That said committee be requested to enquire into the expediency of restricting the legislature from allowing any exemptions of property held by tax payers, and whether such restriction, with an efficient mode of assessing and collecting, will not raise more revenue for the State than is now collected upon a largely reduced per centum. Referred to committee on finance and taxation.

Also, a resolution instructing the committee on the judiciary department to enquire into the expediency and practicability of providing for but two chancellors, or restricting the number to two, and holding the courts at convenient points in districts to be arranged by the legislature, and the election of judges of the supreme court, chancellors, circuit judges and solicitors by the General Assembly. Referred to committee on judiciary.

Mr. Oates, a resolution instructing the committee on finance and taxation to report constitutional provisions for the relief of the State from financial embarrassments on account of endorsement of railroad bonds. Referred to committee on finance and taxation.

Mr. Foster of Hale, a proposition to amend the constitution in relation to education. Referred to committee on education.

Mr. Stone, from committee on bill of rights, reported a bill of rights for the constitution of Alabama.

Mr. Knox, from same committee, made a minority report.

On motion of Mr. Pickett, the reports were laid on the table, and 100 copies of each ordered to be printed.

Mr. Battle, from the committee on militia, reported an article on militia for the constitution of the State.

Mr. Garrett moved that the report lie upon the table, and that 100 copies be printed. Carried.

Mr. Garrett, from select committee on the communication of John H. White, stenographer, reported adversely thereto, which report was concurred in.

Mr. Garrett moved to take from the table the resolution authorizing appointment of such assistants about the hall as may be necessary. Carried.

Mr. Sykes moved to amend by striking out “such assistants as may be deemed necessary,” and inserting “one hall attendant;” which motion was carried, and thus amended the resolution was adopted.

Mr. Samford, a proposition relating to exemptions. Referred to committee on exemptions.


24

Mr. Murphree, a proposition relating to the per diem and mileage of the members of the legislature. Fixes per diem at $4, and mileage at 10 cents. Referred to committee on legislative department.

Mr. White, a proposition in relation to education. Referred to committee on education.

Mr. Hargrove, a resolution instructing the committee on the legislative department to inquire into the expediency of declaring the office of senator or representative vacant when the person elected to said office has removed from the district or county for which he was elected. Referred to committee on legislative department.

On motion of Mr. Smith, the convention adjourned until 12 o’clock to-morrow.