EIGHTEENTH DAY.

SATURDAY, September 25, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Callaway of the Convention.

On motion of Mr. Moren, the reading of the Journal was dispensed with.

Mr. Pugh moved that the president be authorized to appoint the chairman of the committee on militia, [Mr. Battle] and Mr. Woolf on the committee on the order, consistency and harmony of the whole constitution; which was carried.

Mr. Battle moved to reconsider the vote by which the Convention adopted section 57 of the report of the committee on the legislative department.

Mr. Willett moved to lay the motion to reconsider on the table; which was carried.

Mr. Gibson, a resolution that there shall be two separate propositions on exemptions submitted to the people: number one to embrace what is now exempt under the present constitution, and number two to exempt to the head of each family, from sale under execution, five hundred dollars worth of property, real or personal, or mixed, at the option of those claiming the exemption, and that the right to waive exemption, as reported by the committee on exemptions, be stricken out.

Referred to committee on exemptions.

Mr. Cobb, from the committee on contested elections, submitted a report upon the matter of the petition of John S. Simpson, claiming a seat in the Convention as a delegate from Lawrence county.

The committee report in favor of the sitting delegate, Hon. Charles Gibson.


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On motion of Mr. Rice, the consideration of the report was postponed until 12 o’clock Monday.

The motion of Mr. Oates to reconsider the vote by which section 1 of the report of the committee on the judicial department was adopted with a view to amend by striking out the words “chancery courts, and courts of probate,” and making the section read as in the constitutions of 1819 and 1865, came up.

Mr. Coleman moved to lay the motion upon the table, which was carried.

Mr. Burns moved to reconsider the vote by which Mr. Prince’s amendment, as an independent section, to the report of the committee on finance and taxation, was laid on the table yesterday.

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

The Convention proceeded to the consideration of the report of the committee on the judicial department, the question being on the amendment of Mr. Coleman to the 8th section.

The amendment was lost.

Mr. Powell of Tuscaloosa, moved to amend by adding at the end of the section, “:and in all trials in said courts either party may demand a trial by jury of any issue of fact under such regulations as may be prescribed by law.”

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

At the hour of 0 o’clock, the special order came up, it being section 7 of the report of the committee on the legislative department.

Mr. Foster of Barbour, moved to postpone the consideration of the special order for the purpose of continuing the consideration of the report of the committee on the judicial department, which was lost.

Mr. Garrett moved to suspend the consideration of the special order for the purpose of taking up the majority and minority reports of the committee on elections and basis of representation, which motion was carried.

Mr. Garrett moved to substitute the minority report for sections 7 and 8 of the majority report.

Mr. Harrison moved to strike out “Lee” where it last occurs in the minority report and insert Sumter, and, strike out “Sumter” where it occurs and insert Lee.

Mr. Lyon demanded the previous question and the call was not sustained.


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Mr. Brown moved to lay the substitute and amendment upon the table, which was carried; ayes 55, noes 35.

The question recurred upon the adoption of the majority report.

Mr. O’Neal moved to strike out “Lauderdale” where it occurs in the 7th section and insert Lawrence; which was lost.

Mr. Powell of Tuscaloosa, moved to strike out the word “Bibb,” where it occurs in the 8th section and insert “Fayette.”

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

Mr. Powell of Bullock, moved to amend 7th section by striking out all after the word “provided,” and insert the following: “The apportionment of Representatives among the several counties shall continue as now existing”, which amendment was lost.

Mr. Knox moved to strike out “Jefferson” in the 7th section and insert it after the word “Henry.”

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

Mr. Knox moved to strike out “Pike,” and insert it between “Marshall” and “Randolph.”

Mr. Oates moved to lay the amendment on the table, which was carried.

Mr. Sterrett moved to strike out “Walker” in the 8th section, and insert “Bibb.”

On motion of Mr. Hargrove the amendment was laid upon the table.

The report of the majority of the committee was concurred in.

The article was referred to the committee on the order, consistency and harmony of the whole constitution.

On motion of Mr. Little, the 7th section of the report of the committee on the legislative department was taken up.

The section was then adopted, and the article was referred to the committee on the order, consistency and harmony of the whole constitution.

On motion of Mr. Oates, the Convention resumed the consideration of the report of the committee on the judicial department, the question being upon the amendment to strike out “districts” in the 8th section, and insert “county.”

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

Mr. Cobb moved to amend by striking out “twice” and inserting “one,” which was adopted.

The section, as amended, was then adopted.


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Section 9 was read as follows:

The General Assembly shall have power to establish in each county within the State a court of probate, with general jurisdiction for the granting of letters testamentary and of administration, and for orphans’ business.

Mr. Swan moved to amend by adding, “and also such other duties as may be conferred upon said court by statute.”

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

Mr. Cobb moved to amend by inserting between the words “testamentary” and “and” the following words: “and for the sale and distribution of real estate.”

Mr. Hargrove moved to lay the amendment on the table; which was carried.

Mr. McClellan moved to adjourn until Monday morning at 11 o’clock; which was lost.

Mr. Brown moved to take a recess until 3 p. m.; which was lost.

The 9th section was then adopted.

Section 10 was adopted as follows:

The judges of the Supreme Court, circuit courts and courts of chancery shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites, nor hold any office (except judicial offices) of profit or trust under this state, or the United States, during the term for which they have been elected, nor under any other power, during their continuance in office.

Section 11 was read:

The Supreme Court shall consist of a chief justice, and such number of associate justices as may be prescribed by law.

Mr. Garrett moved to amend the section by adding the words “not exceeding two.”

On motion of Mr. Oates, the amendment was tabled.

The section was adopted.

Section 12 was read as follows:

The chief justice and associate justices of the Supreme Court, judges of the circuit courts, probate courts and chancellors, shall be elected by the qualified electors of the State, circuits, counties, and chancery divisions for which such courts may be established, at such times as may be prescribed by law.

Mr. NeSmith offered the following amendment: Add after the word “chancellors,” in the second line, the words “a solicitor for each judicial circuit, except for the circuit in which the capitol shall be situated,” and add, at the end of the sec-


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tion, “Provided, That no election for solicitors shall be held before the general election in 1876.”

Mr. Oates moved to lay the amendment on the table; which was carried-ayes 52, noes 33.

Those who voted yea are-

Messrs. President, Aiken, Allgood, Battle, Bolling, Brewer, Brown, Burgess, Burns, Burton, Cobb,  Coleman, Dickinson, Forwood, Foster of Barbour, Gamble, Gibson, Garrett, Gilbreath, Gordon, Gullett, Hames, Hargrove, Harrison, Heflin, Herndon, Johnson of Macon, Jones, Kelly, Langdon, Lea of Baldwin, Lyon, Martin, Murphree, Norwood, Nowlen, Oates, O’Bannon, O’Neal, Pickett, Pugh, Ralls, Rather, Scott, Smith, Sterrett, Stone, Swan, Sykes, White, Willett and Woolf-52.

Those who voted nay are-

Messrs. Akers, Bliss, Curtis, Davis, Delbridge, Flournoy, Foster of Hale, Green of Choctaw, Green of Conecuh, Hudson, Ingle, Knox, Laird, Lewis, Long, Manasco, Meadows, Moren, Mudd, Musgrove, NeSmith, Parks, Plowman, Powell of Bullock, Powell of Tuscaloosa, Prince, Rice, Richards, Robinson, Samford, Taylor and Torrey-33.

On motion of Mr. Moren, the Convention adjourned until 11 o’clock Monday.

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