SEVENTH DAY.

MONDAY, September 13, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Andrews.

The journal of Saturday was read and approved.

Mr. Lyon moved that the convention adjourn until Wednesday at 10-o’clock, in order to give the several committees an opportunity to perfect the work now before them, which motion was lost.

Mr. Meadows, a proposition to dispense with State and county superintendents. Referred to the committee on education.

Mr. Swan, a proposition providing for biennial sessions of the General Assembly, and the sessions shall not be longer than thirty days, except by a two-thirds vote of each house, and for the time beyond thirty days the pay of the members


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shall be one dollar per day. Referred to committee on legislative department.

Mr. Prince, a proposition providing that taxation shall be equal and uniform throughout the State, and that all property shall be taxed in proportion to its value, which shall be ascertained in such manner as shall be prescribed by law. Referred to committee on finance and taxation.

Mr. Samford, a proposition prohibiting discrimination in charges or facilities for transportation by transportation companies and individuals, for or against either, by abatement, drawback or otherwise, or in charges for through and local freight.

Also, prohibiting the granting of free passes or tickets to any member of the General Assembly or State officer, and making the acceptance of such work a forfeiture of office.

Referred to committee on corporations.

Mr. Rather, a resolution that the committee on education be instructed to enquire into the expediency of submitting to the voters of this State for their ratification the 11th section of the 11th article of the present constitution, separate and apart from the other provisions which said committee may prepare on the subject of education. Referred to the committee on education.

Also, a proposition on suffrage and election. Referred to committee on elections and basis of representation.

Mr. Harrison, a resolution that the General Assembly shall not have power to authorize any officer or tribunal to collect State or county taxes, either general or special, except the duly qualified tax collectors. Referred to committee on finance and taxation.

Mr. O’Bannon, a resolution upon the qualification of voters. Referred to committee on elections.

Mr. Laird, a resolution that county boundaries shall be arranged and designated by a two-thirds vote of the General Assembly, which may be altered by a like vote; but no new county shall be of less extent than five hundred square miles, nor shall any new county be abolished or reduced to less extent than five hundred square miles, nor shall any new county be formed which does not contain a sufficient number of inhabitants to entitle it to one representative, provided that each existing county shall be entitled to at least one representative. Referred to committee on elections.

Mr. Murphree, a resolution that no new county shall be established by the General Assembly of less extent than six hundred square miles, and no existing county shall be reduced to a less extent than six hundred square miles; nor shall the


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dividing line of a county be less than ten miles from the county site, nor shall a new county be established which does not contain sufficient population to entitle it to one representative, leaving the counties from which it is taken also entitled to separate representation.

Pending the consideration of the same, the time allotted under the rules to the consideration of resolutions, &c., amending and revising the constitution expired, whereupon,

Mr. Sykes moved that the rule be suspended for the purpose of continuing the same business; which motion was carried.

Mr. Murphree’s resolution was then referred to the committee on corporations.

Mr. Gordon, a resolution that the committee on exemptions be instructed to enquire into the expediency of so amending the exemption law of this State that it may be equal between the citizens thereof who reside in the country and those who reside in the towns and cities, and report upon the same; referred to committee on exemptions.

Also, a resolution that the appropriate committee be instructed to enquire into and report upon the expediency of reducing the constitutional size of the counties of this State to five hundred square miles. Referred to committee on legislative department.

Mr. Sykes, a resolution that the article on exempted property to be submitted to the people be left blank, and that two propositions on exempted property be submitted separately:

1. The same as under the present constitution.

2. Five hundred dollars’ worth of property belonging to every citizen of this State, to be selected by the owner thereof, shall be exempt from levy and sale on execution or other final process.

That the proposition receiving the largest number of votes shall be inserted in the constitution and become part thereof. Referred to committee on exemptions.

Mr. Prince, a resolution that the census of this State shall not be taken the present year, nor until the year 1885, and every ten years thereafter. Referred to committee on elections.

Mr. Jones, a proposition that the General Assembly, by a two-thirds vote of both houses, may arrange and designate boundaries for the several counties, which shall not be altered except by a like vote. But no new county shall be formed of less extent than six hundred square miles, nor shall any existing county be reduced to less extent, and no new county shall


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be formed which does not contain sufficient inhabitants to entitle it to one representative, or unless the county or counties from which it is taken shall be left with the required number of inhabitants entitling such county or counties to separate representation. Referred to committee on legislative department.

Mr. Livingston, a proposition, that the property, real and personal, of the State, counties, religious denominations, cemeteries and organizations strictly for charitable purposes, shall be exempt from taxation. Referred to committee on exemptions.

Mr. Booth, a proposition, that the committee on the legislative department be instructed to enquire into the propriety of providing in the constitution now to be framed that the Seat of Government of this State can only be removed by a direct vote of the people of the State, taken in accordance with law, on the question of removal. Referred to committee on legislative department.

Mr. Parks, a proposition, that the committee on the judicial department be instructed to enquire into the expediency of fixing the salary of the Attorney General at one thousand dollars, and of making the person who is elected or appointed to said office, also hold the office of Solicitor for the second judicial circuit. Referred to committee on judicial department.

Mr. Powell of Bullock, a resolution that the committee on exemptions be instructed to enquire into the expediency of exempting from sale or execution, &c., property to the value of three thousand dollars, whether real, personal or mixed, at the option of the owner, and report accordingly. Referred to committee on exemptions.

Mr. Robinson, a resolution, accompanied by a petition, that the committee on education take into consideration the propriety of abolishing the Board of Education and all unnecessary officers connected with the present system, and the reduction of salaries of the offices not abolished. Also, the propriety of incorporating into the organic law a school system, and thereby prevent the frequent changes it would be subject to if left to the General Assembly. Referred to committee on education.

Mr. Aiken, a resolution that the salary of the Governor be three thousand dollars; of the Secretary of State, fifteen hundred dollars; of the Auditor, fifteen hundred dollars; of the Treasurer, fifteen hundred dollars; of the Superintendent of Public Instruction, fifteen hundred dollars. Referred to committee on executive department.

Mr. Norwood, a petition from numerous citizens of Jackson,


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praying for the reduction of the area of the counties to four or five hundred square miles. Referred to committee on elections and basis of representation.

Mr. McClellan, a proposition that all railroad companies shall pay reasonable value for all stock killed or injured, and all property destroyed by their respective roads without fault on the part of the owner or owners thereof, the Legislature to provide at its first session for the proper enforcement of this article. Referred to committee on corporations.

Mr. Lea of Dallas, a proposition that the General Assembly shall consist of a House of Representatives composed of seventy-five members, and a Senate composed of twenty-five members. Referred to committee on elections and basis of representation.

Mr. Knox, a proposition in relation to amending article six, section eleven, of the present constitution, relating to the election of judges of the supreme, circuit, probate and other courts, and chancellors. Referred to committee on judicial department.

Mr. Norwood, a resolution that the committee on the executive department enquire into the propriety and expediency of filling all vacancies in office, where said office is or may be elective, by election, when the unexpired time is for more than one year. Referred to committee on executive department.

Mr. Samford, a proposition that the General Assembly shall meet biennially, the Senators in the Senate Chamber and Representatives in the Representative Hall in the State Capitol, on such day as may be by law prescribed, and shall not remain in session longer than sixty days, and all laws or enactments passed after sixty days shall be absolutely void Provided, in case of epidemic or urgent necessity, to be judged of by the Governor, he may convene the General Assembly at some other place by proclamation for twenty days preceding such assembling. Referred to committee on legislative department.

Mr. Jones, a resolution that the committee on the legislative department be instructed to enquire into the expediency of incorporating into the organic law a mode which will better secure the collection of the poll-tax. Referred to committee on legislative department.

Mr. Green of Choctaw, a petition in behalf of corporations. Referred to committee on corporations.

Mr. Oates, a resolution that the committee on the judicial department be instructed to enquire into and report upon the expediency of abolishing the county criminal courts of this State. Referred to committee on judicial department.


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Mr. Burns, a proposition that the property of principals and sureties on bail bonds shall not be exempted from the payment of forfeitures and fines. Referred to committee on judicial department.

Mr. Forwood, a resolution that if it be expedient the counties of Clarke and Monroe be formed into a Senatorial District. Referred to committee on elections and basis of representation.

Mr. Booth, a proposition in relation to the mode of amending the Constitution of the State. Referred to committee on amendments and miscellaneous provisions.

Mr. Moren, a resolution that the committee on elections be required to enquire into the expediency of changing the term of the Governor’s office from two to four years. Referred to committee on elections and basis of representation.

Mr. Hargrove, a resolution that the committee on the legislative department be instructed to enquire into and report on the expediency of fixing the time of meeting of the General Assembly on the third Monday in January. Referred to committee on legislative department

Mr. Manasco, a resolution that there be the sum of two thousand dollars worth of property, real, personal or mixed, permanently exempt from all legal process, to the head of each family, with the privilege of waiving the same. Referred to committee on exemptions.

Mr. Rice, a resolution that no law shall be enforced which in any manner or to any extent makes the right of any qualified voter dependent upon his having the actual possession of any certificate, or other written or printed instrument, at the time he may offer his vote. Referred to committee on elections.

Mr. Hames, a resolution that the Governor shall have power to veto any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be law, and the item or items of appropriation vetoed shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto. Referred to committee on executive department.

Mr. Davis, a resolution that the committee on education be instructed to enquire into the expediency of memorializing the Congress of the United States to make an additional appropriation to each township in this State of one section of land for the benefit of the public schools therein, and report to this Convention by memorial or otherwise. Referred to committee on education.


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Mr. Aiken, a proposition to fix the salary and mileage of the legislators, and to require biennial sessions. Referred to committee on legislative department.

Mr. Harrison, a proposition that the General Assembly shall have no power to grant, or authorize any county or municipal authority to grant any extra compensation, fee or allowance to a public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and performed in whole or in part, nor pay nor authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void. Referred to committee on legislative department.

Mr. Burton, a resolution that the committee on exemptions enquire into the expediency of reporting the following clause after the exemptions allowed:

“Provided, That any person entitled to the above exemptions may waive his or her right to any part or all of said exemptions in any contract or obligation in writing for the payment of money; and if the person entitled to said exemption is a married man, his wife shall sign said obligation or contract, provided said instrument shall be recorded as other instruments or conveyances are required to be recorded.” Referred to committee on exemptions.

Mr. NeSmith, a proposition that the General Assembly shall divide the State into a convenient number of judicial circuits, having regard to the time required by law to hold all the terms of the circuit courts of the counties composing each circuit; and no circuit shall be formed requiring a less time to hold all the terms of all the courts in such circuit than thirty-five weeks in each year. Referred to committee on judicial department.

Mr. Stone, a resolution that the committee on corporations enquire into the expediency of reporting as a provision of the revised constitution: The General Assembly may, by a two-thirds vote of both houses thereof, arrange and designate boundaries of the several counties of this State, which boundaries shall not be altered except by a like vote. But no new counties shall be hereafter formed of less extent than six hundred square miles, and no existing county shall be reduced to less extent than six hundred square miles; and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative under the ratio at the time of its formation, or unless the county or counties from which it is taken be left with the required num-


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ber of inhabitants entitling such county or counties to separate representation, but no part of a county shall be taken off to form a new county without the consent of a majority of the voters of all the counties affected by the change proposed. Referred to committee on corporations.

Mr. Norwood, a resolution that the judiciary committee’s attention be directed to the expediency of the abolition of the chancery court system, and especially the rule for taking testimony in said court, and whether or not the jurisdiction of the circuit court might not be extended so as to cover all cases in equity as well as law. Referred to committee on judiciary department.

Also, that the same committee enquire into the expediency of abolishing the county court system; to abolish the office of county solicitor; to confer the criminal power, now exercised by the county courts, to magistrates and notaries public; to extend their jurisdiction to three hundred dollars. Referred to committee on judicial department.

Mr. Powell of Bullock, a proposition that any citizen of this State who shall, after the adoption of this Constitution, in this State fight a duel with deadly weapons, or send or accept a challenge so to do, or act as second, or knowingly aid or assist in any manner those thus offending, shall be disqualified for holding any office under the State. Referred to committee on legislative department.

Mr. Knox, a resolution that the committee on the executive department be instructed to enquire into the expediency of fixing salaries as follows: Governor, $ 1,500; Attorney General, $1,200; Secretary of State, $1,000; Auditor, $ 1,200; State Treasurer, $1,200. Referred to committee on executive department.

Mr. Laird, a proposition that the Governor of this State shall always reside, during the term for which he may have been elected, at the capital of the State, or at such other place as the sessions of the General Assembly may be held. Referred to committee on legislative department.

Mr. Samford, a proposition that the Executive of this State shall never call upon the Executive of the United States for military aid to interfere in the affairs of this State. Referred to committee on executive department.

Mr. Davis, a proposition that in the organization of the militia the whites and colored shall not be embraced in the same organization. Referred to committee on militia.

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