FIFTEENTH DAY.

WEDNESDAY, September 22, 1875.

The Convention met pursuant to adjournment.

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

The journal of yesterday was read and approved.

Mr. Burton presented a petition from the citizens of Calhoun, Cleburne and Talladega counties to reduce the constitutional limit of counties to four hundred square miles. Referred to legislative department.

GENERAL ORDER.

The general order, which was the report of the committee on the legislative department, then came up.

Mr. Lyon moved to reconsider the vote by which section two of the article on State and county boundaries was adopted; which motion was carried.

On motion of Mr. Mudd, the consideration of the 7th section was postponed until 41/2 o’clock this afternoon.

Section two of the article on State and county boundaries was amended in some verbal particulars, and the said section was then adopted.

Section eight was read, as follows:

SEC. 8. The Senate, at the beginning and close of each regular session, and at such other times as may be necessary, shall elect one of its members president thereof, and the House of Representatives shall elect one of its members as speaker, and the president of the Senate and the speaker of the House of Representatives shall hold their offices, respectively, until their successors are elected and qualified. Each house shall choose its own officers, and shall judge of the election returns and qualifications of its members.

Mr. Sykes moved to strike out the words “and close” in the first line, which was adopted.

On motion of Mr. Little, the words “at the beginning of each session” were inserted after the word “speaker,” where it first occurs.

The section, as amended, was adopted:

Section nine was then read, as follows:

Members of the House of Representatives shall be chosen at the general election every second year-and members of the


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senate shall serve four years, as hereinafter provided-their time of service shall begin on the day after their election.

Whenever a vacancy shall occur in either house, the Governor for the time being shall issue a writ of election to fill such vacancy for the remainder of the term.

Mr. Little moved the following substitute for section nine:

At the general election in the year 1876, senators shall be elected in the odd numbered districts, to serve for two years, and in the even numbered districts to serve for four years, so that thereafter one-half the senators may be chosen biennially. Members of the House of Representatives shall be elected at the general election every second year. The time of service of senators and representatives shall begin on the day after their election. Whenever a vacancy shall occur in either house, the Governor for the time being shall issue a writ of election to fill such vacancy for, the remainder of the term.

Mr. Rice moved to strike out “odd” and “even,” and insert “even” for “odd,” and “odd” for “even,” where they occur; which was accepted.

Mr. Garrett moved to lay the substitute on the table; which was lost.

The substitute was adopted, and the section, thus amended, was adopted.

Section ten was adopted, as follows:

A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.

Section eleven was read, as follows:

Each house shall have power to determine the rules of its proceedings, and punish its members or other persons for contempt or disorderly behavior in its presence, to enforce obedience to its process, to protect its members against violence, or offers of bribes or private solicitation, and with the concurrence of two-thirds of either house, to expel a member, but not a second time for the same cause; and shall have all the powers necessary for the legislature of a free State.

On motion of Mr. Prince, the word “private” was stricken out, and the word “corrupt” inserted in lieu thereof.

Mr. Hargrove moved to strike out “cause” and insert “offense,” which was lost.

The section, as amended, was then adopted.

Sections 12, 13, 14 and 15 were adopted, as follows:

SEC. 12. A member of either house expelled for corruption, shall not thereafter be eligible to either house; and punish-


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ment for contempt or disorderly behavior shall not bar an indictment for the same offense.

SEC. 13. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as in its judgment may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-tenth of the members present, be entered on the journals. Any member of either house shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public or any individual, and have the reasons of his dissent entered on the journals.

SEC. 14. Members of the General Assembly shall in all cases except treason, violation of their oath of office and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.

SEC. 15. The doors of each house shall be opened, except on such occasions as in, the opinion of the house may require secrecy.

Section sixteen was read, as follows:

SEC. 16. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.

Mr. Oates moved to strike out “three” and insert “one,” which was lost.

The section was then adopted.

Sections 17 and 18 were adopted, as follows:

SEC. 17. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created or the emoluments of which shall have been increased during such term, except such office as may be filled by election by the people.

SEC. 18. No person hereafter convicted of embezzlement of the public money, bribery, perjury, or other infamous crime, shall be eligible money, the General Assembly, or capable of holding any office of trust or profit in this State.

On motion of Mr. Little, section nineteen was stricken out.

Section twenty was adopted, as follows:

SEC. 20. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose.

Section twenty-one was read, as follows:


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SEC. 21. No bill shall be considered by either house unless referred to a committee and returned therefrom.

Mr. Rice moved to strike out the section, which was lost.

Mr. Cobb offered the following substitute, which was adopted:

No bill shall become a law until it shall have been referred to a committee and returned therefrom.

The section, as amended, was adopted.

Section twenty-two was read, as follows:

Every bill shall be read at length, on three different days, in each house-and no bill shall become a law unless on its final passage the vote be taken by yeas and nays, the name of the members voting for and against the same be entered on the journals, and a majority of each house be recorded thereon as voting in its favor, except as otherwise provided in this constitution.

Mr. Oates moved to amend by inserting between the words “passage” and “the” the following, “it be read at length and,” and to strike out “at length” in the first line.

Mr. Hargrove offered the following substitute:

Every bill shall be read on three different days in each house, and no bill shall become a law unless on its final passage it be read at length and a majority of each house vote in its favor.

Mr. Oates moved to lay the substitute on the table. Carried.

The amendment of Mr. Oates was adopted.

The section, as amended, was then adopted.

Section twenty-three was read, as follows, and adopted:

No amendment to bills by one house shall be concurred in by the other except by the vote of a majority of each house, taken by yeas and nays, and the names of those voting for and against recorded upon the journals thereof; and reports of committees of conferences shall in like manner be adopted in each house.

Section twenty-four was read, as follows:

No special or local law shall be enacted for the benefit of individuals or corporations in cases which are or can be provided for by a general law, or where the relief sought can be given by any court of this State. Nor shall the operation of any general law be suspended by the General Assembly for the benefit of any individual, corporation or association.

Mr. Oates offered the following substitute for the section:

The General Assembly shall not pass any local or special law: (1st.) granting divorces; (2d.) making any married woman a free dealer or relieving her from the disabilities of cov-


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erture; (3d.) declaring any named person to be of age, or relieving any minor of the disabilities of non-age; (4th.) legitimatizing or adopting children; (5th.) changing the name of any person or place; (6th.) prohibiting the sale or giving away of spirituous or vinous liquors; (7th.) fixing or changing the place of voting; (8th.) transferring, or authorizing the transfer of the administration of the estate of any minor, or deceased person, or person of unsound mind, from one county to another; (9th.) changing the law of descent or affecting the estates of minors or persons tinder disability; (10th.) authorizing the laying out, opening, altering, maintaining or vacating the roads, highways, streets or alleys; (11.) creating corporations or amending, extending or explaining the charter thereof; but it shall be the duty of the General Assembly to provide for the same to be done under general laws. In all other cases where a general law is applicable, no local or special law shall be enacted.

Mr. Lyon moved to lay the substitute on the table, which was carried.

Mr. Laird offered the following substitute:

The General Assembly may enact general laws, but shall not have power to enact any special or local laws.

Mr. Inzer moved to lay the substitute on the table; which motion was carried.

Mr. Moren called for the previous question, and the call being sustained, the section was adopted-ayes 85, noes 2.

Section 25 was read as follows:

No local or special law shall be passed, on a subject which cannot be provided for by a general law, unless notice of the intention to apply therefore shall have been published in the locality where the matter or things to be affected may be situated, which notice shall be at least twenty days prior to the introduction into the General Assembly of such bill-the evidence of such notice having been given, shall be exhibited to the General Assembly, before such act shall be passed; Provided, That the provisions of this constitution as to special or local laws shall not apply to public or educational institutions of or in this State, nor to industrial, mining or manufacturing corporations or interests.

On motion of Mr. Lyon, the word “immigration” was inserted between the words “mining” and “or” in the provision.

Mr. Powell of Tuscaloosa moved to amend by striking out all down to and including the word “provided.”

On motion of Mr. Bliss, the amendment was laid on the table.


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Mr. Norwood moved to strike out all in the proviso after the word “State.”

On motion of Mr. Richards, the amendment was laid on the table.

The section was adopted.

Mr. White moved to reconsider the vote by which section 23 was adopted; which motion prevailed.

Mr. White moved to strike out the words “each house,” and insert “such other house;” which was adopted.

The section, thus amended, was adopted.

Section 26 was read as follows:

The General Assembly shall pass general laws, under which local and private interests shall be provided for and protected.

Mr. Rice offered the following amendment: Amend by adding “No law shall be enforced which makes the right of any qualified voter of this State to vote, at any election in this State, dependent upon his producing or surrendering any certificate of registration or other instrument, when he offers to vote.”

On motion of Mr. Martin, the amendment was laid upon the table.

The section was adopted.

Mr. Lowe offered the following as an independent section:

The General Assembly shall enact no law requiring a citizen of this State to obtain a license to engage in or carry on any useful trade or occupation; nor shall such power be delegated to any county, town or municipal corporation; Provided, the General Assembly shall have power to authorize the issue of licenses or other police regulations promotive of the comfort, safety, decency and good order of society.

Mr. White moved to lay the amendment on the table; which motion was carried-ayes 51, noes 40.

Those who voted yea are-

Messrs. President, Aiken, Akers, Allgood, Bliss, Bolling, Brown, Burgess, Burton, Cobb, Coleman, Dickinson, Foster of Hale, Gamble, Garrett, Gibson, Gordon, Green of Choctaw, Gullett, Hames, Hargrove, Heflin, Hudson, Ingle, Jones, Lea of Baldwin, Lewis, Little, Long, Manasco, McClellan, Moren, Murphree, Musgrove, Norwood, O’Neal, Powell of Tuscaloosa, Pugh, Ralls, Rather, Robinson, Scott, Smith, Sterrett, Stone, Swan, Sykes, White and Willett-51.

Those who voted nay are-

Messrs. Battle, Booth, Brewer, Bulger, Burns, Callaway, Curtis, Davis, Delbridge, Flournoy, Forwood, Gilbreath, Herndon, Johnson of Macon, Inzer, Lea of Dallas, Livingston, Lowe, Lyon, Martin, Meadows, Mudd, NeSmith, Nowlen,


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Oates, Parks, Pickett, Powell of Bullock, Prince, Rice, Richards, Samford, Taylor, Torrey, Weathers and Woolf-40.

Section 27 was read as follows:

The Legislature shall not authorize any lottery, or gift enterprise, for any purpose whatever.

Mr. Booth offered the following amendment: Amend by adding “and all acts or parts of acts heretofore passed by the General Assembly of this State, authorizing a lottery or lotteries, or gift enterprise, and all acts amendatory thereof, or supplemental thereto, are hereby avoided.”

The amendment was adopted.

Mr. Murphree offered the following amendment: By adding, “and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery.”

Mr. Richards moved to lay the amendment on the table; which was lost.

Mr. Battle offered the following as a substitute for the section as amended:

The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State, and all acts or parts of acts heretofore passed by the General Assembly of this State, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided.

Mr. Martin moved to amend the substitute by striking out the words “in this State” where they occur, and inserting the same words between the words “prohibit” and “the;” which was lost.

The substitute was adopted.

The section, as amended, was adopted.

The Convention, on motion of Mr. O’Neal, took a recess until 4 o’clock, p. m.

________

AFTERNOON SESSION.

The Convention met at the hour designated.

Sections 28, 29, 30 and 31 were adopted as follows:

SEC. 28. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the General Assembly, after


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the titles have been publicly read immediately before signing, and the fact of signing shall be entered on the journal.

SEC. 29. The General Assembly shall prescribe by law the number, duties and compensation of the officers and employees of each house; and no payment shall be made from the State Treasury, or be in any way authorized, to any person, except to an acting officer or employee, elected or appointed in. pursuance of law.

SEC. 30. No bill shall be passed giving any extra compensation to any public officer, servant or employee, agent or contractor, after the services shall have been rendered or contract made, nor shall any officer of the State bind the State to the payment of any sum of money but by authority of law.

SEC. 31. All stationery, printing, paper and fuel used in the legislative and other departments of government, shall be furnished, and the printing, binding and distribution of laws, journals, department reports, and all other printing and binding, and repairing and furnishing the halls and rooms used for the meetings of the General Assembly and its committees, shall be performed under contract, to be given to the lowest responsible bidder below a maximum price, and under such regulations as shall be prescribed by law; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the Governor, State Auditor and State Treasurer.

On motion of Mr. Lowe, the thirty-second section was stricken out.

Sections 33, 34 and 35 were adopted as follows:

All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills.

The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the State, interest on the public debt and for the public schools; all other appropriations shall be made by separate bills, each embracing but one subject.

No money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof.

Section 36 was read as follows:

No appropriation shall be made to any charitable or educational institution not under the absolute control of the State, other than normal schools established by law for the professional training of teachers for the public schools of the


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State, except by a vote of two-thirds of all the members elected to each house.

Mr. Livingston moved to strike out all after “State” down to and including “State” where it occurs the second time, which was lost.

The section was adopted.

Section 37 was read as follows:

No act of the General Assembly shall authorize the investment of any trust funds by executors, administrators, guardians and other trustees, in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments heretofore made.

Mr. Murphree moved to amend by inserting after “corporation” the words “or in any other paper or obligations not at par with the currency of the country;” which was lost.

The section was adopted.

Section 38 was read as follows:

The power to change the venue in civil and criminal causes is vested in the courts; to be exercised in such manner as shall be provided by law.

Mr. Lowe moved to strike out the section.

On motion of Mr. McClellan, the motion was laid upon the table.

The section was adopted.

Section 39 was read as follows:

When the General Assembly shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session.

Mr. Samford moved to amend by adding “or recommended by message of the Governor communicated to the General Assembly after convening;” which was lost.

Mr. Knox moved to strike out the section; which was lost.

The section was adopted.

Mr. Foster of Hale moved to reconsider the vote by which the Convention, this morning, laid upon the table the amendment of Mr. Lowe as section 27.

Mr. Sykes moved to lay the motion on the table; which latter motion was carried-ayes 53, noes 39.

The hour of half-past four o’clock having arrived, the seventh section came up for consideration.

Mr. Oates moved to postpone the further consideration of the section until to-morrow at 12 o'clock; which was carried.

On motion of Mr. Mudd, the further consideration of the report of the committee on the legislative department was


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postponed for the purpose of allowing the committee on elections and the basis of representation to make a report.

Mr. Mudd, from said committee, submitted a majority report.

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

The reports were ordered to lie upon the table and one hundred copies be printed.

The article is as follows:

MAJORITY REPORT.

ARTICLE.

REPRESENTATION.

SECTION 1. The whole number of Senators shall be not less than one-fourth or more than one-third of the whole number of representatives.

SEC. 2. The House of Representatives shall consist of not more than one hundred members, who shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States, for the year 1880; which apportionment, when made, shall not be subject to alteration until the first session of the General Assembly after the next decennial census of the United States have been taken.

SEC. 3. It shall be the duty of the General Assembly, at its first session after the taking of the decennial census of the United States, in 1880, and after each subsequent decennial census, to fix, by law, the number of representatives, and apportion them among the several counties of the State; Provided, That each county shall be entitled to at least one representative.

SEC. 4. It shall be the duty of the General Assembly, at its first session after the taking of the decennial census of the United States in 1880, and after each subsequent decennial census, to fix by law the number of Senators, and to divide the State into as many Senatorial districts as there are Senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one Senator and no more; and which districts when formed shall not be changed until the next apportioning session of the General Assembly after the next decennial census of the United States shall have been taken. No county shall be divided between two districts and no district shall be made of two or more counties not contiguous to each other.


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SEC. 5. Should the decennial census of the United States, from any cause, not be taken, or if when taken, the same as to this State is not full or satisfactory, the General Assembly shall have power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabitants of this State, and once in each ten years thereafter, upon which it shall be the duty of the General Assembly to make the apportionment of Representatives and Senators as provided for in this article of the Constitution.

SEC 6. At the first general election after each new apportionment, elections shall be held anew in all the Senatorial Districts. The Senators elected, when convened at the next ensuing session of the General Assembly, shall be divided by lot into two classes, as nearly equal as may be; the seats of the Senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years, from the day of election, so that (except as above provided) one-half of the Senators may be chosen biennially.

SEC. 7. Until the General Assembly shall make apportionment of Representatives among the several counties, after the first decennial census of the United States as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Dale, DeKalb, Elmore, Etowah, Escambia, Fayette, Franklin, Geneva, Henry, Lauderdale, Marion, Morgan, Monroe, Marshall, Randolph, Sanford, Shelby, St.Clair, Walker, Washington and Winston, shall each have one Representative; the counties of Barbour, Bullock, Butler, Chambers, Greene, Hale, Jackson, Jefferson, Limestone, Lawrence, Lowndes, Lee, Macon, Marengo, Perry, Pickens, Pike, Russell, Sumter, Talladega, Tallapoosa, Tuscaloosa and Wilcox, shall have each two Representatives; the county of Madison three Representatives; the counties of Dallas and Montgomery shall have each four Representatives, and the county of Mobile shall have five Representatives.

SEC. 8. Until the General Assembly shall divide the State into Senatorial Districts as herein provided, the Senatorial Districts shall be as follows:

Lauderdale and Limestone shall form one district; Colbert and Lawrence shall form one district; Morgan, Winston and Blount shall form one district; Marshall, Jackson and DeKalb shall form one district; Cherokee, Etowah and St. Clair shall form one district; Calhoun and Cleburne shall form one


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district; Talladega and Clay shall form one district; Randolph and Chambers shall form one district; Macon and Tallapoosa shall form one district; Franklin, Marion, Fayette and Sanford shall form one district; Bibb and Tuskaloosa shall form one district; Greene and Pickens shall form one district; Walker, Jefferson and Shelby shall form one district; Lowndes and Autauga shall form one district; Coosa, Elmore and Chilton shall form one district; Choctaw, Clarke and Washington shall form one district; Henry, Coffee, Dale and Geneva shall form one district; Pike, Crenshaw and Covington shall form one district; Butler and Conecuh shall form one district; Monroe, Escambia and Baldwin shall form one district; the counties of Barbour, Bullock, Dallas, Hale, Lee, Madison, Marengo, Mobile, Montgomery, Perry, Russell, Wilcox and Sumter, shall each form one district.

MINORITY REPORT.

Mr. President: The undersigned, members of the committee on elections and basis of representation, respectfully ask permission to dissent from so much of the majority report as pertains to the number of members composing each house of the legislature, and here recommend that until the year 1880 the number of Senators shall be twenty-five, and the Representatives seventy-five, and that the apportionment in each house shall be until said time as follows:

Lauderdale, Limestone and Morgan, one senator.

Colbert, Franklin and Lawrence, one senator.

Madison, one senator.

Jackson, DeKalb, Marshall and Cherokee, one senator.

Etowah, St. Clair, Calhoun and Cleburne, one senator.

Winston, Walker, Blount and Jefferson, one senator.

Marion, Sandford, Fayette and Tuskaloosa, one senator.

Pickens and Sumter, one senator.

Shelby, Bibb, Chilton and Coosa, one senator.

Talladega, Clay and Randolph, one senator.

Chambers and Lee, one senator.

Tallapoosa and Elmore, one senator.

Macon and Russell, one senator.

Montgomery, one senator.

Autauga and Lowndes, one senator.

Dallas, one senator.

Perry and Hale, one senator.

Marengo and Greene, one senator.

Barbour and Henry, one senator.

Bullock and Pike, one senator.


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Dale, Coffee, Geneva, Covington and Crenshaw, one senator.

Baldwin, Conecuh, Escambia and Monroe, one senator.

Butler and Wilcox, one senator.

Choctaw, Clarke and Washington, one senator.

Mobile, one senator.

The House of Representatives as follows:

Autauga, Baldwin, Bibb, Blount, Bullock, Butler, Chambers, Calhoun, Cherokee, Coffee, Chilton, Choctaw, Clarke, Clay, Cleburne, Colbert, Conecuh, Covington, Crenshaw, Coosa, Dale, DeKalb, Elmore, Etowah, Escambia, Fayette, Franklin, Greene, Geneva, Hale, Henry, Jackson, Jefferson, Lauderdale, Lee, Limestone, Lawrence, Marengo, Marion, Macon, Marshall, Monroe, Morgan, Pike, Pickens, Randolph, Russell, Sanford, Shelby, St. Clair, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington and Winston, shall have one Representative each; and Barbour, Dallas, Lowndes, Madison, Montgomery, Perry, Sumter and Wilcox, shall have two Representatives each; and Mobile shall have three Representatives.

THOMAS B. NESMITH,

WILLIAM A. MUSGROVE,

WILLIAM A. SMITH,

J. D. MURPHREE.

The Convention resumed the consideration of the report of the committee on the legislative department.

Section forty was read, as follows:

Every order, resolution or vote to which the concurrence of both houses may be necessary, except on the question of adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or being disapproved shall be passed by two-thirds of both houses, according to the rules and limitations presented in case of a bill.

On motion of Mr. Rather, the word “two-thirds” was stricken out and “a majority” inserted.

On motion of Mr. Oates, the words “and of bringing on elections by the two houses” were inserted after the word “adjournment.”

On motion of Mr. Woolf, the words “a majority of all the members of both houses” were inserted after the word “passed,” in lieu of “a majority of both houses.”

Mr. Herndon offered the following substitute:

Every order, vote or resolution to which the concurrence of both houses may be necessary, (except questions of adjournment and of bringing on elections by the two houses, and of


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amending this constitution,) shall be presented to the Governor, and before it shall take effect be approved by him, or being disapproved shall be repassed by both houses according to the rules and limitations prescribed in the case of a bill.

On motion of Mr. Cobb, the substitute was laid on the table.

The section, as amended, was adopted.

Section forty-one was read, as follows:

No State office shall be continued or created for the inspection or measuring of any merchandise, manufacture, or commodity; but any county or municipality may appoint such officers when authorized by law.

Mr. Livingston moved to strike out the section, which was lost.

The section was adopted.

Section forty-two was read, as follows:

No law changing the location of the capitol of the State shall be valid until the same shall have been submitted to the qualified electors of the State at a general election, and approved by them, and such law shall specify the proposed new location.

Mr. Aiken moved to amend by striking out “them” and inserting in lieu thereof “a majority of those voting for representatives, and the result of said election shall be made known by the Governor by proclamation within thirty days after returns are made.”

Mr. Knox moved to lay the amendment on the table, which motion was lost.

Mr. Cobb moved as an amendment to the amendment, to insert “a majority of such electors voting upon the same,” which was accepted and the amendment was adopted.

Mr. Manasco moved to strike out the section.

Mr. Lyon demanded the previous question, and the call being sustained, the section, as amended, was adopted.

Sections 43, 44, 45, 46, 47, 48 and 49, were adopted, as follows:

SEC. 43. A member of the General Assembly who shall corruptly solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation or person; any money, office, appointment, employment, reward, thing of value or enjoyment, or of personal advantage, or promise thereof, for his vote or official influence, or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or de-


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mand any such money or other advantage, matter or thing aforesaid, for another, as the consideration of his vote or official influence, or for withholding the same, or shall give or withhold his vote or influence in consideration of the payment or promise of such money, advantage, matter or thing to another, shall be guilty of bribery within the meaning of this constitution, and shall incur the disabilities provided thereby for such offense, and such additional punishment as is or shall be provided by law.

SEC. 44. Any person who shall, directly or indirectly, offer, give or promise any money or thing of value, testimonial, privilege or personal advantage to any executive or judicial officer, or member of the General Assembly, to influence him in the performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law.

SEC. 45. The offense of corrupt solicitation of members of the General Assembly, or of public officers of this State, or of any municipal division thereof, and any occupation or practice of solicitation of such members or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment.

SEC. 46. A member of the General Assembly who has a personal or private interest in any measure or bill, proposed or pending before the General Assembly, shall disclose the fact to the house of which be is a member, and shall not vote thereon.

SEC. 47. In all elections by the General Assembly, the members shall vote viva voce, and the votes shall be entered on the journals.

SEC. 48. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide differences by arbitration, to be appointed by the parties who may choose that mode of adjustment.

SEC. 49. It shall be the duty of the General Assembly, after the adoption of this constitution, to make provision by law for the revision, digesting, publication and distribution of all public statutes of this State, both civil and criminal; but not oftener than once in ten years.

Section fifty was read, as follows:

The General Assembly shall have power to pass such penal laws as they may deem expedient to suppress the evil practice of dueling.

Mr. Hargrove moved to strike out the section.

On motion of Mr. Bliss, the motion was laid on the table.

The section was then adopted.


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Section fifty-one was adopted as follows:

It shall be the duty of the General Assembly to regulate by law the cases in which deductions shall be made from the salaries of public officers for neglect of duty in their official capacities, and the amount of such deductions.

Section fifty-two was read, as follows:

No money shall be drawn from the treasury but in pursuance of an appropriation made by law; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually in such manner as may be by law directed.

Mr. White moved to strike out all preceding the semicolon and the word “and” following; which was lost.

The section was adopted.

Section fifty-three was adopted, as follows:

It shall be the duty of the General Assembly to make adequate provision in each county for the maintenance of the poor of this State.

Section fifty-four was read, as follows:

Any citizen of this State who shall, after the adoption of this constitution, either in or out of this State, fight a duel with deadly weapons, or send or accept a challenge so to do, or act as a second, or knowingly aid or assist in any manner those thus offending, shall be incapable of holding any office under this State.

Mr. Powell of Bullock, moved to strike out “either” and “or out of.”

On motion of Mr. Davis, the motion was laid on the table.

Mr. Burns moved to strike out the section.

On motion of Mr. Flournoy, the motion was laid on the table.

Mr. Powell of Bullock, offered the following amendment:

Amend by adding, Provided the General Assembly may by a two-thirds vote of all the members present in each house; remove the disabilities imposed by this section.

On motion of Mr. Garrett, the amendment was laid on the table.

The section was adopted.

On motion of Mr. Cobb, the vote by which the convention adopted section fifty-three was reconsidered, and the consideration of the section was postponed for the present.

On motion of Mr. Oates, the vote by which section forty-nine was adopted was reconsidered.

Mr. Oates offered the following substitute for the section, which was adopted:

It shall be the duty of the General Assembly, at its first


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session after the ratification of this constitution, and within every subsequent period of ten years, to make provision by law for the revision, digesting and promulgation of the public statutes of this State of a general nature, both civil and criminal.

The section, as amended, was adopted.

Sections 55 and 56 were adopted, as follows:

SEC. 55. The General Assembly shall not have power to authorize any municipal corporation to pass any laws contrary to the general laws of the State.

SEC. 56. In the event of annexation of any foreign territory to this State, the General Assembly shall enact laws extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition, anything in this constitution to the contrary notwithstanding.

On motion of Mr. Garrett, the convention adjourned until 10 2 o’clock to-morrow.