NINTH DAY.

WEDNESDAY, September 15, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. White, of the Convention.

The journal of yesterday was read and approved.

Mr. Burns offered a proposition that no property shall be


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exempt from the payment of judgments rendered for libel or slander or defamation. Referred to committee on exemptions.

Also, a proposition that mechanical and agricultural employees shall have a lien upon all property manufactured or produced by their labor. Referred to committee on legislative department.

Mr. White, a proposition that there shall be exempt to the head of each family from execution or other final process of a court, eighty acres of land, if in the country, or in lieu thereof a house, and if in any town or city not exceeding one thousand dollars in value, and five hundred dollars worth of personal property, to be selected by the claimant thereof, as may be provided by law, and the legislature shall have no power to increase this exemption. Referred to committee on exemptions.

Mr. Lewis, a proposition providing for organization of a board of public works. Referred to committee on legislative department.

Mr. Oates, from committee on judicial department, submitted the following majority report:

The committee on the judicial department, to which was referred the ordinance declaring who are the lawful tax collectors of this State, as follows, to-wit: Whereas, a contest is now going on in many of the counties of this State between claimants to the office of tax collector; and, whereas, there is great doubt as to who are the lawful tax collectors; and, whereas, it is proper to relieve the respective judges of probate of uncertainty as to who are entitled to the tax books of their counties; and, whereas, a settlement of this question by judicial proceedings would necessarily greatly delay the collection of public revenue, and might result in serious loss to the State and many counties thereof-therefore,

Sec. 1. Be it ordained by the people of Alabama, in convention assembled, That the tax collectors who were elected at the general election held for the election of State and county officers in this State, on the 3d day of November, 1874, or appointed since that time, and who have given bond and qualified as such, are hereby declared to be the lawful tax collectors of this State, and shall have the right to collect all the taxes due for the year 1875.

Sec. 2. Be it further ordained, That all laws or parts of laws which are in conflict with the provisions of the first section of this ordinance, be and the same are hereby repealed; ‑‑‑have had the same under consideration, and a majority of said committee instruct me to report adversely thereto.


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Mr. Woolf, from the minority of said committee, submitted the following report:

The minority of the committee on judicial department, to which was referred the ordinance relating to or declaring who are the lawful tax collectors of this State, respectfully dissent from the report of the majority, and do recommend the passage of said ordinance by this convention.

H. A. WOOLF,

W. S. MUDD,

S. J. BOLLING,

R. O. PICKETT.

Messrs. Cobb and Torrey submitted the following report:

We do not concur in the report of either the majority or minority of the committee, and prefer to remain uncommitted by the report of either.

Mr. Inzer moved that the minority report be substituted for the majority report.

Mr. Lowe moved to lay the motion upon the table; which was carried.

Mr. Rice moved to lay the majority report upon the table; which motion was lost.

Ayes 24, noes 67.

Those who voted yea, are-

Messrs. Bolling, Booth, Bulger, Burns, Carson, Curtis, Davis, Delbridge, Foster of Hale, Garrett, Green of Conecuh, Hargrove, Ingle, Inzer, Knox, Livingston, Mudd, Pickett, Plowman, Powell of Tuscaloosa, Rice, Samford, Woolf-24.

Those who voted nay, are-

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss, Brewer, Brown, Burton, Burgess, Calloway, Cobb, Coleman, Dickinson, Flournoy, Forwood, Foster of Barbour, Gibson, Gilbreath, Gordon, Gullett, Green of Choctaw. Hames, Heflin, Herndon, Hudson, Johnson of Macon, Jones, Kelly, Langdon, Laird, Lewis, Little, Long, Lowe, Manasco, Martin, McClellan, Meadows, Moren, Murphree, Musgrove, NeSmith, Nisbett, Norwood, Nowlen, Oates, O’Bannon, O’Neal, Parks, Powell of Bullock, Prince, Pugh, Ralls, Rather, Richards, Robinson, Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Weathers, White and Willett-69.

The adverse report of the majority of the committee, was then concurred in.

Mr. Lowe, from the committee on exemptions, submitted a report and an article.

Mr. Foster of Barbour, moved that the report lie on the table and that one hundred copies be printed; which motion was carried.


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Mr. Herndon, from the commits on executive department, submitted a report and article.

Mr. Harrison, from the same committee, submitted a minority report.

Mr. Garrett moved that both reports lie on the table and that one hundred copies be printed; which motion was carried.

Mr. Mudd offered a proposition as a schedule for the constitution; and on his motion, the same was laid on the table and one hundred copies ordered printed.

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

CCB