TWENTIETH DAY.

TUESDAY, Sept. 28, 1875.

Convention met pursuant to adjournment.

Prayer by Rev. Mr. Ralls of the Convention.

On motion of Mr. Davis, the reading of the journal was dispensed with.

The Convention resumed the consideration of the article on corporations.

Mr. Hargrove moved to amend the seventh section by striking out “and individuals” after the words “other corporations,” and the words “or individuals” after “such corporations”; which amendment was lost.

Mr. Little moved to amend by striking out “or secured” after the words “shall be paid”; which was adopted.

The seventh section, as amended, was then adopted.

Sections 8 and 9 were adopted.

Mr. Hargrove moved to amend the tenth section by striking out the last sentence; which was lost.


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Mr. Harrison moved to insert the word Aspecial” between the words “no” and “law”; which was lost.

The tenth section was then adopted.

Mr. Herndon moved to amend the eleventh section by striking out the last sentence; which was lost.

The eleventh section was then adopted.

The twelfth section was adopted.

Mr. Mudd moved to reconsider the vote by which the third section was adopted; which motion was carried.

Mr. Rice offered the following amendment:

Strike out the word “other” before “general,” and insert after the words “benefit of such corporation” the words “other than in execution of the trust created by law or by contract”; which amendment was adopted.

The third section, as amended, was then adopted.

The thirteenth section was adopted.

Mr. Langdon moved to amend the fourteenth section by striking out “as provided in the thirteenth section.”

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

The amendment was adopted, and the section, as amended, was adopted.

The fifteenth section was adopted.

Mr. Bliss moved to amend the sixteenth section by inserting the words “notes and,” between “such” and “deposits;” which was adopted.

The sixteenth section, as thus amended, was adopted.

The 17th, 18th, 19th, 20th and 21st sections were adopted.

Mr. Foster of Barbour moved to strike out the 22nd section.

Mr. Gamble moved to lay the motion on the table; which motion was lost.

Mr. Murphree offered the following substitute for the section:

It shall not be lawful for any railway or other transportation company to charge for local or way freight, or passage, exceeding fifty per cent additional per mile, over and above the amount charged per mile for through freight or passage.

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

The motion to strike out the section was lost-yeas 36, nays 57.

Those who voted yea are-

Messrs. President, Bliss, Brewer, Booth, Cobb, Coleman, Dickinson, Foster of Barbour, Garrett, Gibson, Hames, Harrison, Herndon, Inzer, Johnson of Hale, Johnson of Macon,


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Jones, Knox, Lea of Baldwin, Little, Livingston, Mudd, Murphree NeSmith, O’Neal, Pickett, Powell of Bullock, Rather, Rice, Richards, Sykes, Torrey and Weathers-36.

Those who voted nay are-

Messrs. Aiken, Akers, Allgood, Battle, Bolling, Brown, Burgess, Burns, Barton, Callaway, Carson, Curtis, Davis, Delbridge, Flournoy, Forwood, Foster of Hale, Gamble, Cordon, Green of Choctaw, Green of Conecuh, Gullett, Hargrove, Heflin, Hudson, Ingle, Langdon, Laird, Lea of Dallas, Lewis, Long, Lyon, Manasco, Martin, McClellan, Meadows, Moren, Musgrove, Norwood, Nowlen, O'Bannon, Parks, Powell of Tuscaloosa, Prince, Pugh, Ralls, Robinson, Samford, Smith, Sterrett, Stone, Swan, Taylor, White, Willett and Woolf-57.

Mr. McClellan offered the following substitute:

The General Assembly shall pass laws to correct abuses, and prevent unjust discriminations and extortions in the rates of freight and passenger tariffs on railroads, canals and rivers in this State.

Mr. Burns moved to amend by striking out “rivers.”

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

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

Mr. Martin moved to amend the section by inserting after “greater distance,” the words “and the General Assembly shall enact laws prohibiting the same under proper penalties.”

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

The substitute offered by Mr. McClellan was then adopted-yeas 57, nays 37.

Those who voted yea are-

Messrs. President, Akers, Allgood, Battle, Bliss, Booth, Brewer, Brown, Burton, Coleman, Cobb, Dickinson, Forwood, Foster of Barbour, Garrett, Gibson, Gilbreath, Green of Choctaw, Green of Conecuh. Hames, Hargrove, Harrison, Herndon, Inzer, Johnson of Hale, Johnson of Macon, Jones, Kelly, Knox, Lea, of Baldwin, Little, Livingston, Long, McClellan, Mudd, Murphree, Nisbett, Norwood, Nowlen, Oates, O’Neal, Pickett, Plowman, Powell of Bullock, Prince, Rather, Rice, Richards, Scott, Stone, Swan, Sykes, Torrey; Weathers, White, Willett and Woolf-57.

Those who voted nay are-

Messrs. Aiken, Bolling, Burgess, Burns, Callaway, Curtis, Davis, Delbridge, Flournoy, Foster of Hale, Gamble, Gordon, Gullett, Heflin, Hudson, Ingle, Langdon, Laird, Lea of Dallas, Lewis, Lyon, Manasco, Martin, Meadows, Moren, Musgrove,


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NeSmith, O’Bannon, Parks; Powell of Tuscaloosa, Pugh, Ralls, Robinson, Samford, Smith, Sterrett and Taylor-37.

Mr. Langdon moved to amend the 23rd section by striking out “or hold or acquire lands, free-hold or lease-hold, directly or indirectly, except such as shall be necessary for carrying on its business;” which amendment was adopted.

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

Mr. Willett moved to strike out all after the word “canal;” which was adopted.

Mr. Rice moved to amend by striking out all of the first clause down to the words “nor shall such company.”

On motion of Mr. Pickett; the amendment was laid on the table.

On motion of Mr. Hargrove, the vote refusing to strike out the section was reconsidered.

The 23rd section was then stricken out.

The special order, which was the further consideration of the report of the committee on judicial department, was then taken up.

Mr. Oates submitted the following substitute for section twenty-five:

A solicitor for each judicial circuit shall be elected by joint ballot of the General Assembly, who shall be learned in the law, and who shall, at the time of his election, and during his continuance in office, reside in the circuit for which he is chosen, and whose term of office shall be for six years; Provided, That the General Assembly, at its first session thereof, after the ratification of this constitution, shall, by joint ballot, elect a solicitor for each judicial circuit of the State, whose term of office shall begin on Tuesday after the first Monday in November, 1876, and continue for four years.

Mr. Rice offered the following amendment to the substitute:

Strike out the words “by joint ballot of the General Assembly,” where they first occur, and insert “by the qualified electors of each circuit.”

Mr. Willett moved to lay the amendment on the table; which motion was carried-yeas 58, nays 28.

Those who voted yea are-

Messrs. President, Aiken, Allgood, Bliss, Bolling, Brewer, Brown, Burgess, Burton, Callaway, Cobb, Coleman, Dickinson, Forwood, Foster of Barbour, Gamble, Garrett, Gibson, Gordon, Green of Conecuh, Hames, Hargrove, Harrison, Heflin, Herndon, Hudson, Johnson of Macon, Jones, Kelly, Lea of Dallas, Little, Long, Lyon, Manasco, Martin, Moren,


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Murphree, Nisbett, Oates, O’Neal, Parks, Pickett, Pugh, Ralls, Rather, Richards, Robinson, Samford, Scott, Smith, Sterrett, Stone, Swan, Sykes, Torrey, White, Willett and Woolf-58.

Those who voted nay are-

Messrs. Akers, Booth, Carson, Curtis, Davis, Delbridge, Flournoy, Foster of Hale, Green of Choctaw, Gullett, Ingle, Inzer, Johnson of Hale, Knox, Laird, Lewis, Livingston, Meadows, Mudd, Musgrove, NeSmith, Plowman, Powell of Bullock, Powell of Tuscaloosa, Prince, Rice, Taylor and Weathers-28.

Mr. Laird offered the following amendment: Strike out “six” and insert “three.”

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

Mr. Rice offered the following amendment: Amend the proviso by striking out all of it down to and including the words “circuit of the State,” and inserting the following: “Provided, the qualified electors of each circuit shall elect a solicitor for each judicial circuit as soon after the ratification of this constitution as may be prescribed by law.”

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

Mr. Lewis moved to amend by adding: “Provided, That the term “learned in the law” shall be held to include those who, upon due examination by at least three attorneys in good standing as attorneys, and who shall have given satisfaction to said examiners of his knowledge of law and equity.”

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

Mr. Mudd moved to amend by adding: “And provided further, That the General Assembly may, when necessary, provide for the election or appointment of county solicitors.”

Mr. Hargrove moved to lay the substitute and amendments on the table; which was lost.

The amendment offered by Mr. Mudd was then adopted.

The substitute for the 25th section, as amended was then adopted.

Mr. Oates from committee on judicial department, to which was recommitted section 26, submitted the following substitute for said section: There shall be elected by the qualified electors of each election precinct of the counties, not exceeding two justices of the peace and one constable; such justices shall have jurisdiction in all civil cases wherein the amount in controversy, does not exceed one hundred dollars,


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except in cases of libel, slander, assault and battery and ejectment. In all cases tried before such justices, the right of appeal shall be secured by law, provided that the governor may appoint one notary public for each election precinct in counties, and one for each ward in cities of over five thousand inhabitants, whose jurisdiction and powers shall be the same as justices of the peace. The term of office of such notaries public shall be prescribed by law.

Mr. Herndon offered the following amendment: “Provided, that notaries public shall not have the power and jurisdiction of justices of the peace in towns and cities of over five thousand inhabitants;” which amendment was adopted.

Mr. Bliss moved to amend by adding: “Provided, the General Assembly may increase the jurisdiction of justices of the peace in civil cases to a sum not greater than three hundred dollars;” which amendment was lost.

Mr. Burns moved to amend by inserting after “appeal,” the words “without prepayment of costs.”

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

Mr. Rice offered the following amendment: Amend by inserting after the words “whose jurisdiction and power,” in the proviso, the words “in their respective precincts or wards only;” which was adopted.

The substitute for the 26th section, as amended, was then adopted.

Mr. Oates from committee on judicial department to which was recommitted section 27, submitted the following substitute

An attorney general shall be elected by the qualified electors of the State, at the same time and places of election of members of the General Assembly, and whose term of office shall be for two years, and until his successor is elected and qualified. After his election be shall reside at the seat of government, and shall be the law officer of the State, and shall perform, such duties as are required of him by law.

The substitute was adopted.

Mr. Foster of Barbour, offered the following as an additional section, which was adopted:

SEC.__To secure a fair and impartial trial to every party to a suit, civil or criminal, instituted in any court of record, a change of venue shall be allowed as matter of right, whenever it shall appear upon application and the evidence adduced to the court that a change of venue is necessary to obtain a fair and impartial trial.


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

The convention resumed the consideration of the article on corporations, the section under consideration being the 24th.

On motion of Mr. Little, the 24th section was stricken out.

Mr. Hargrove moved to strike out the 25th section.

Mr. Sanford moved to lay the motion on the table; which motion was lost.

The motion to strike out was lost.

Mr. Parks moved to reconsider the vote by which the convention refused to strike out 25th section; which motion was carried.

On motion of Mr. Little the section was then stricken out.

On motion of Mr. O’Neal the 26th section was stricken out.

Mr. Powell of Tuscaloosa moved to strike out the 27th section; which was lost.

Mr. Samford moved to amend by inserting after the word “discount,” the words “other than is sold to the public generally;” which was adopted.

Mr. Oates moved to amend by striking out “or of the United States” which was adopted.

Mr. Burns moved to amend by striking out the words “the same,” and insert the word “tickets;” which was lost.

Mr. Powell of Tuscaloosa moved to strike out “or other persons;” which was lost.

Mr. Burns moved to amend by striking out “any member of the General Assembly;” which was lost.

The section as amended was then adopted-yeas 59, nays 31.

Those who voted aye are-

Messrs. Aiken, Bliss, Brown, Burgess, Burns, Burton, Coleman, Davis, Delbridge, Flournoy, Foster of Barbour, Foster of Hale, Gibson, Green of Choctaw, Green of Conecuh, Hargrove, Heflin, Herndon, Ingle, Inzer, Johnson of Macon, Kelly, Knox, Langdon, Laird, Lea of Dallas, Little, Long, Lyon, Manasco, Martin, Moren, Mudd, Murphree, NeSmith, Norwood, Nowlen, Oates, O’Bannon, O’Neal, Prince, Pugh, Ralls, Rather, Robinson, Samford, Scott, Smith, Stone, Swan, Sykes, Torrey Weather, White, Willett and Woolf-59.

Those who voted nay are-

Messrs. President, Akers, Allgood, Bolling, Booth, Brewer, Callaway, Carson, Cobb, Curtis, Dickinson, Forwood, Gamble, Gilbreath, Gullett, Harrison, Johnson of Hale, Jones,


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Lea of Baldwin, Lewis, McClellan, Meadows, Musgrove, Pickett, Plowman. Powell of Bullock, Powell of Tuscaloosa, Rice, Richards, Sterrett, and Taylor-31.

The 28th section was adopted.

Mr. Rice moved to amend the 29th section by inserting at the end of the second line, the words-“other than in execution of a trust created by law or by contract;” which was, adopted.

Mr. Willett moved to amend by striking out the word “article,” and substituting “constitution;” which was lost.

The 29th section was then adopted.

Mr. Aiken offered an additional section as follows: “Every rail road corporation organized under the general corporation laws of this State, shall file in the office of Secretary of State from time to time as may be required by law, a complete transcript, under their corporate seal, of their organizations, and the proceedings of their board of directors, and such transcripts shall be public record.”

On motion of Mr. Little the proposed additional section was laid on the table.

The 30th section was adopted.

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

On motion of Mr. Davis the Convention adjourned until 4 p. m.

________

EVENING SESSION.

The Convention re-assembled at the designated hour.

Mr. Powell of Tuscaloosa offered the following, which was adopted:

Resolved, That the committee on the order, consistency and harmony of the whole constitution, be authorized to order the printing of 100 copies of their report before making the same to the Convention.

On motion of Mr. Little the Convention proceeded to the consideration of the article submitted by the committee on education.

On motion of Mr. Langdon the consideration of the article was made the special order for 12 m. to-morrow.

On motion of Mr. Samford the Convention proceeded to the consideration of the article on exemptions.

REPORT FROM THE COMMITTEE ON EXEMPTIONS.

Mr. President:

The committee on exemptions, to which was referred the


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fourteenth article of the constitution, and many and various propositions relating to that subject, have had the same under consideration, and instruct me to report back the article in question without amendment, together with an additional section allowing persons to waive exemptions by an instrument in writing, and recommend the adoption of the whole as article-in the revised and amended constitution.

In view of the great and general diversity of opinion on this subject throughout the State, the committee have thought it prudent and necessary to abstain from any action that might tend to create a dividing issue among our people on the contest for ratification. Our duty, in the premises and under the circumstances, seemed obvious and conclusive.

In our opinion, the matter of exemptions does not properly belong to the articles of organic law, nor should they have been originally incorporated into the constitution. Provisional, personal, and temporary in their nature, they pertain rather to the policy than the principles of government, and should be regulated by the legislature, at the time and under the circumstances, controlled by the immediate necessities and interests of the people. But inasmuch as exemptions have been fixed in the constitution, and made, in a great degree, the basis of the business of the community, we hold it highly inexpedient, at this time, to disturb them.

The additional section, submitted by the committee, allowing parties at their option to waive exemptions, will tend to remove, without the expense and inconvenience of a mortgage, the restrictions which exemptions necessarily place on individual credit.

WM. M. LOWE, Ch'n.

ARTICLE__

SEC. 1. The personal property of any resident of this State to the value of $1,000, to be selected by such resident, shall be exempted from sale on execution, or other final process of any court, issued for the collection of any debt contracted after the adoption of this constitution.

SEC. 2. Every homestead, not exceeding eighty acres of land and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any town, city or village, or in lieu thereof, at the option of the owner, any lot in the city, town or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempt from sale on execution or any other final process from a court,


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from any debt contracted after the adoption of this constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of such homestead, by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife of the same.

SEC. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted after the adoption of this constitution, in all cases, during the minority of the children.

SEC. 4. The provisions of sections one and two of this article shall not be so construed as to prevent a laborer’s lien for work done and performed for the person claiming such exemption, or a mechanic’s lien for work done on the premises.

SEC. 5. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall inure to her benefit.

SEC. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may afterwards be entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her the same as if she were a femme sole.

SEC. 7. The right of exemptions hereinbefore secured, may be waived by an instrument in writing, signed by the head of the family, and if such head of the family is a married man, then said instrument, when seeking to waive exemptions as to realty, must be signed by both husband and wife.

Mr. Gamble moved to amend the first section by inserting after the words “value of” and before the words “one thousand,” the words “not to exceed.”

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

Mr. Pugh moved to amend, after the word “contracted,” by striking out “after the adoption of this constitution,” and substituting “since the adoption of the constitution of 1867,” which amendment was adopted.

Mr. Heflin moved to amend by striking out the word “final,” which was adopted.

Mr. Aiken moved to amend by adding “and after the adoption of this constitution,” which was lost.

Mr. Ralls moved to strike out “one thousand” and insert “five hundred.”


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

Mr. Knox moved to amend by striking out the first line, and all of the second line down to and including the word “resident,” and insert the following: “Property, real or personal, of every head of a family of this State, to the value of three thousand, and of every adult, not the head of a family, to the value of one thousand dollars, to be selected in every case by the person entitled to the exemption.”

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

Mr. Mudd moved to amend by striking out the words “any resident” and substituting “every family,” and by striking out the word “resident” and substituting; “family.”

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

Mr. Cobb moved to strike out the word “resident,” and substitute “citizen.”

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

Mr. Laird moved to amend by inserting after the words “any resident” the words “citizen, head of a family.”

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

Mr. Samford moved to amend by adding the following:

“The property of every family of this State to the value of three thousand dollars, to be selected by the head of such family.”

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

Mr. Powell of Bullock, offered the following substitute:

“Property, of any kind, not exceeding in value the sum of one thousand dollars, may be selected and set apart by any resident of this State, who is the owner thereof, and who is not the head of a family, and such property shall be exempt from sale, on any legal process issued for the collection of any debt contracted since the adoption of this constitution, but this exemption may be waived by any legal agreement in writing.”

Pending consideration of the substitute, on motion of Mr. Smith, the convention adjourned until 10 o’clock to-morrow.