TENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Monday, June 3, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Provence of the city.


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CONSTITUTIONAL CONVENTION.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Grayson,

Almon,

Handley,

Altman,

Harrison,

Banks,

Heflin (Chambers),

Barefield,

Heflin (Randolph),

Bartlett,

Henderson,

Beavers,

Hinson,

Beddow,

Hodges,

Bethune,

Hood,

Blackwell,

Howell,

Brooks,

Jenkins,

Bulger,

Jones (Bibb),

Burnett,

Jones (Hale),

Burns,

Jones (Montgomery),

Byars,

Jones (Wilcox),

Carmichael (Colbert),

Kirk,

Carmichael (Coffee),

Knight,

Carnathon,

Kyle,

Case,

Ledbetter,

Chapman,

Leigh,

Cofer,

Locklin,

Coleman (Greene),

Long (Butler),

Coleman (Walker),

Long (Walker),

Cornwell,

Lowe (Jefferson),

Craig,

Macdonald,

deGraffenried,

McMillan (Wilcox),

Duke,

McMillan (Baldwin),

Eley,

Malone,

Eyster,

Martin,

Espy,

Merrill,

Ferguson,

Moody,

Fitts,

NeSmith,

Foshee,

Norman,

Foster,

Norwood,

Gilmore,

Oates,

O’Neal (Lauderdale),


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O’Neill (Jefferson),

Selheimer,

Opp,

Sentell,

O’Rear,

Smith (Mobile),

Palmer,

Smith, Mac. A.,

Parker (Elmore),

Smith, Morgan M.,

Pettus,

Sollie,

Phillips,

Tayloe,

Pillans,

Thompson,

Pitts,

Vaughan,

Reese,

Waddell,

Renfro,

Walker,

Reynolds (Chilton),

Watts,

Reynolds (Henry),

Weakley,

Robinson,

Weatherly,

Rogers (Lowndes),

White,

Rogers (Sumter),

Whiteside,

Samford,

Willett,

Sanders,

Williams (Barbour),

Sanford,

Wilson (Clarke),

Searcy,

Wilson (Washington).

LEAVE OF ABSENCE.

Leave of absence was granted as follows:

To Mesrs. Cunningham, for to-day; Stewart, for today; Dent, indefinitely; Winn, for to-day and to-morrow; Sollie, for to-morrow; Coleman, of Walker, for to-day; O’Neil, of Jefferson, indefinitely; Glover, for to-day; Spraggins, for to-day; Willett, for to-morrow and Wednesday; Parker, of Cullman, for to-day; Cardon, for to-day; Davis, of Etowah, for to-day and to-morrow; Jenkins, for to-morrow and Wednesday; Fletcher, for to-day; Samford, for to-morrow and Wednesday; Proctor, for to-day; Sloan, for to-day; Graham, of Montgomery, for to-day; Morrisette, for do-day; Sorrell, for the week.

OBJECTION TO LEAVE OF ABSENCE.

Mr. Oates raised objection to leave of absence being granted any delegate indefinitely unless the reason therefore are stated.


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Mr. Bulger raised the point of order that the objection came too late, as leave had already been granted.

The point of order was sustained.

REPORT OF THE COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg to report that they have examined the Journal for the ninth day of the Convention, and that the same is correct.

Respectfully submitted,

MASSEY WILSON, Acting Chairman.

The report was concurred in.

The President of the Convention stated that under a resolution heretofore adopted the Journal must be approved without being read, unless some delegate asked that the same be read.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows:

Resolution 98, by Mr. Reese:

Resolved, That the privileges of the floor of this Convention be and the same are hereby extended to His Excellency, the Hon. William J. Samford, Governor of Alabama.

On motion of Mr. Reese, the rules were suspended, and the resolution unanimously adopted.

Resolution No. 99, by Mr. Heflin, of Randolph:

Resolved, That the Committee on Executive Department are hereby instructed to embody in its report a provision fixing the salary of the Governor of this State at a sum not less than five thousand dollars per annum, said sum not to be increased nor diminished during his term of office.

The resolution was referred to the Committee on Executive Department.


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JOURNAL OF ALABAMA.

Resolution No. 100, by Mr. Bulger:

That whereas the Convention on last Friday adjourned over until noon to-day, thereby losing Saturday, one entire working day;

That, whereas, a session on one hour to-day is not long enough to dispose of the business of the Convention;

Therefore, be it resolved, that the rules of the Convention as to the hour of adjournment be suspended and the Convention remain in session to-day until 2 o’clock p. m.

The resolution was referred to the Committee on Rules.

Mr. Bulger moved that the rules be suspended and the resolution adopted.

The motion was lost, and the resolution was referred to the Committee on Rules.

Resolution No. 101, by Mr. Watts:

Resolved, That whenever either of the committees heretofore appointed, except the Committee on Rules, on Journal, and procuring ministers, is ready to report, the chairman thereof shall hand the said report to the Secretary of this Convention, who shall cause the said report to be printed and a copy thereof placed upon the desk of each member of the Convention before the said report is considered.

Second, that when any such report comes up for consideration by the Convention, each section or paragraph of said report shall be considered separately.

The resolution was referred to the Committee on Rules.

Resolution No. 102, by Mr. Henderson:

Resolved, That hereafter no member of this Convention shall yield his call for the purpose of introducing resolutions and ordinances to any other member, nor shall any under member on the call of his name introduce resolutions or ordinances in the name of any other member where such other member answered to his name on roll call on any day’s session of this Convention.

The resolution was referred to the Committee on Rules.


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CONSTITUTIONAL CONVENTION.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read once time at length, and referred to appropriate committees, as follows:

Ordinance 206, by Mr. Pettus:

To establish courts of County Commissioners in the several counties of the State, and authorize the Legislature to confer powers of local legislation and administration on the same.

The ordinance was referred to the Committee on Local Legislation.

Ordinance 207, by Mr. Sollie:

An ordinance adding Section 29 to Article V1 of the Constitution of Alabama.

The ordinance was referred to the Committee on Judiciary.

Ordinance 208, by Mr. Jenkins:

An ordinance to amend Section 1 of Article VIII of the Constitution, pertaining to suffrage and qualifications of voters.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 209, by Mr. White:

To regulate suffrage and elections in the State of Alabama.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 210, by Mr. Bethune:

To amend the preamble of the Constitution.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 211, by Mr. Bethune:

To amend Section 5, Article XIII of the Constitution. (Refers to Education.)

The ordinance was referred to the Committee on Education.

Ordinance 212, by Mr. Brooks:

To amend Section 1 of Article X1 of the Constitution, relating to the taxation of mortgages.


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The ordinance was referred to the Committee on Taxation.

Ordinance 213, by Mr. Browne:

To amend Sections 5 and 7 of Article XI of the Constitution, relating to taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 214, by Mr. Browne:

Regulating the right to vote. (Relates to Suffrage and Elections.)

The ordinance was referred to the Committee on Suffrage and Elections.

PRIVILEGES OF THE FLOOR.

On motion of Mr. Long, of Walker, the privileges of the floor were extended to the Hon. William Richardson, of Madison, and the Hon. Thomas Taylor of Mobile.

REPORT OF THE COMMITTEE ON RULES

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, submitted the following report:

The Committee on Rules have considered the resolutions hereinafter mentioned, and beg leave to report in regard thereto as follows:

It returns resolution number 22 without action, and recommends that it be referred to the Committee on Education.

It reports as a substitute for the resolution number 71, introduced by Mr. O’Neal, of Lauderdale, said substitute offered by Mr. Pillans of Mobile, and as a substitute for resolution number 85, introduced by Mr. Jones, of Wilcox, the following, and recommends its adoption by the Convention:

Resolved, That it is the sense of this Convention that the several standing committees appointed to deal with and consider proposed amendments, changes and alterations of and additions to the present Constitution, where no change is recommended by the committee, or


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has been made by the Convention in any article or provision of the present Constitution, shall report said provisions of the present Constitution as a part of the new Constitution, to be adopted or rejected, as the Convention may determine.

Resolved, First, That ordinances having for their only purpose the reenactment of articles or sections of the present Constitution, shall state the subject in the caption, and state the number of the article and section proposed to be reenacted, but the reenacting clause need not set out in extenso the article or section to be reenacted.

Second, That ordinances having for their purpose brief amendments to sections of the present Constitution, shall State the subject in the caption, and state the number of the article and section to be amended, but the section amended need not be set out in extenso in the ordinance offered.

It reports as a substitute for resolution number 95, introduced by Mr. Pettus, of Limestone, the following, and recommends its adoption by the Convention:

Resolved, That the Secretary, with the approval of the President of the Convention, be and he is authorized to purchase such blank books, stationery and other necessary supplies as may be necessary for the use of his office.

The committee returns herewith to the Convention the resolutions hereinabove referred to.

On motion of Mr. Smith, of Mobile, the report was adopted.

ADJOURNMENT.

The hour of 1 p.m. having arrived, under the rules the Convention adjourned until to-morrow at 10 o’clock a. m.