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THIRTEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Thursday, June 6, 1901.

The Convention met pursuant to adjournment.

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

ROLL CALL.

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

Messrs. President,

Cunningham,

Almon,

Davis (DeKalb),

Altman,

Davis (Etowah),

Banks,

deGraffenried,

Barefield,

Duke,

Bartlett,

Eley,

Beavers,

Eyster,

Beddow,

Espy,

Bethune,

Ferguson,

Blackwell,

Fitts,

Boone,

Fletcher,

Brooks,

Foshee,

Burnett,

Foster,

Burns,

Freeman,

Byars,

Gilmore,

Cardon,

Glover,

Carmichael (Colbert),

Graham (Montgomery),

Carmichael (Coffee),

Graham (Talladega),

Carnathon,

Grant,

Case,

Grayson,

Chapman,

Greer (Calhoun),

Cofer,

Greer (Perry),

Coleman (Greens),

Haley,

Coleman (Walker),

Handley,

Cornwell,

Harrison,

Craig,

Heflin (Chambers),


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Heflin (Randolph),

Pettus,

Henderson,

Phillips,

Hinson,

Pillans,

Hodges,

Pitts,

Hood,

Porter,

Howze,

Proctor,

Inge,

Reese,

Jackson,

Renfro,

Jenkins,

Reynolds (Chilton),

Jones (Bibb),

Reynolds (Henry),

Jones (Hale),

Robinson,

Jones (Montgomery),

Rogers (Lowndes),

Jones (Wilcox),

Rogers (Sumter),

Kirk,

Samford,

Kirkland,

Sanders,

Knight,

Sanford,

Kyle,

Searcy,

Ledbetter,

Selheimer,

Leigh,

Sloan,

Locklin,

Smith (Mobile),

Lowe (Lawrence),

Smith, Mac. A ,

Macdonald,

Smith, Morgan M.,

McMillan (Baldwin),

Sollie,

McMillan (Wilcox),

Spears,

Malone,

Spragins,

Martin,

Stewart,

Maxwell,

Studdard,

Merrill,

Tayloe,

Miller (Marengo),

Thompson,

Miller (Wilcox),

Vaughan,

Moody,

Waddell,

Mulkey,

Walker,

Murphree,

Watts,

NeSmith,

Weatherly,

Norman,

White,

Norwood,

Whiteside,

Oates,

Willett,

Opp,

Williams (Barbour),

O'Rear,

Williams (Marengo),

Palmer,

Williams (Elmore),

Parker (Cullman),

Wilson (Clarke),

Parker (Elmore),

Wilson (Washington).

Pearce,

Winn-138


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LEAVE OF ABSENCE.

Was granted to Messrs. Williams, of Elmore, for to-day; Bulger, for to-day; O’Neal, of Lauderdale, for to-day; Byars, indefinitely; Smith, Mac. A., for to-morrow; Davis, of DeKalb, for to-morrow and Saturday; Long, of Walker, indefinitely; Lomax, for to-day; Locklin, for to-day.

COMMITTEE GRANTED LEAVE TO SIT DURING SESSION.

On motion of Mr. White, the Committee on Suffrage and Elections were granted leave to sit during the session of to-day.

SUSPENSION OF THE RULES.

Mr. DeGraffenreid moved that the rules be suspended in order that he could make a motion to postpone the consideration of the ordinances and resolutions reported from the Committee on Municipal Corporations, and now upon the calendar.

Mr. Samford moved as a substitute for the motion of Mr. DeGraffenreid that the rules he suspended and that the further consideration of the ordinances and resolutions reported from that Committee on Municipal Corporations, and now upon that calendar, be postponed until the Committee on Municipal Corporations shall have reported a full and complete article touching said subject.

Mr. DeGraffenreid accepted the substitute for his motion.

The rules were suspended, and the motion of Mr. Samford prevailed.

STENOGRAPHIC REPORT.

Mr. Robinson called the attention of the Convention to the fact that ordinance No. 78, “An ordinance to regulate the granting of franchises by municipal corporations.

“Be it ordained by the people of Alabama in Convention assembled, that no municipal corporation shall


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grant an exclusive franchise to an individual or private corporation unless an election be held under the laws regulating municipal elections, and a majority of the qualified voters voting at such election vote for the granting of such franchise,” which was reported adversely on yesterday by the Committee on Municipal Corporations, and the action of the Convention in tabling the same, did not appear in the stenographic report of the proceedings of yesterday, the twelfth day.

The President ordered the report corrected accordingly.

REPORT OF COMMITTEE ON JOURNAL.

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

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

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

QUESTION OF PRIVILEGE.

Mr. Sloan arose to a question of personal privilege, and stated that his post office address as shown in the records of this Convention was incorrect in that it gave his post office address at Sloan, when it should be Oneonta.

The President ordered the necessary correction made.

RESOLUTIONS ON FIRST READING.

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

Resolution 123, by Mr. Foster:

Whereas, This Convention has now been in session two weeks, and a great many ordinances have been intro-


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duced and referred to the several committees, and

Whereas, the ordinances heretofore introduced relate to the amending of only a few of the provisions of the present Constitution, thus manifesting the desire of the delegates to retain intact most of the provisions of the present Convention, and

Whereas, longer and more frequent sessions of the several committees are necessary to expedite the work of this Convention; therefore, be it

Resolved, First-That after the 10th day of June inst. no ordinances proposing amendments to the present Constitution, or additions thereto, shall be introduced before the Convention.

Second-That when the Convention adjourns on the l0th inst. it recess for one week.

Third-That the several standing committees shall, during such recess, hold daily session, and shall on the first day of the meeting of the Convention after such recess, report back to the Convention, for its action, articles or chapters, for the proposed new Constitution which relate to or affect the subjects indicated by the titles of the respective committees.

Fourth-That such articles or chapters so reported shall be typewritten and in a completed or entire form, and subdivided into sections, such sections being consecutively numbered, after the manner of the present Constitution.

Fifth-That nothing herein contained shall be construed so as to prevent any delegate from proposing amendments to the reports of the several committees.

The resolution was referred to the Committee on Rules.

Resolution No. 124, by Mr. Sanders:

Resolved, That hereafter all requests for leaves of absence shall be in writing, and laid upon the President’s desk each morning before the assembling of the Convention. The President shall announce the names of those for whom leave of absence is sought, and if there is no objection, leaves shall be granted. Said request may be proffered by any member for other members.


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The resolution was referred to the Committee on Rules.

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

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

Resolution 125, by Mr. Jackson:

Resolved, That all ordinances or resolutions referred to the Committee on Rules and reported back to this Convention without action thereon by said committee, shall be placed upon the calendar, to be called up in their regular order.

The resolution was referred to the Committee on Rules.

Resolution No. 126, by Mr. Kirk:

Relating to the formation of new counties.

Resolved, That in the Constitution to be framed by this Convention, it shall be provided that no new county shall be formed of less extent than six hundred square miles, as now provided by the Constitution of 1875.

The resolution was referred to the Committee on State and County Boundaries.

Resolution 127, by Mr. Mac. A. Smith, of Autauga:

Resolved, That whenever a committee has voted adversely to an ordinance, resolution, petition or memorial which has been referred for its consideration, such adverse action need not be reported by the Committee to the Convention unless the same be called for by a vote of one-fifth of the members present, when such ordinance, resolution, petition or memorial shall then be reported by the Committee, with its adverse action thereon, and the same shall be placed on the calendar and come up, in regular order, for consideration by the Committee.

The resolution was referred to the Committee on Rules.

Resolution 128, by Mr. Williams, of Elmore:

To base representation in the General Assembly of Alabama upon the voting population of the various counties of the State.


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Be it resolved by this Convention, That all representation in the General Assembly of Alabama shall be fixed by this Convention and be based upon the voting population of the several respective counties of the State.

The resolution was referred to the Committee on Representation.

Resolution 129, by Mr. Oates:

Resolved, That the Committee on Legislative Department be authorized to employ a clerk for so long as said committee may need his services.

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

The motion prevailed, and the rules were suspended and the resolution was adopted.

Resolution 130, by Mr. Carmichael, of Colbert:

Resolved, That hereafter the committee of the Convention shall not report to the Convention ordinances and resolutions which have been adversely acted upon; provided, any member of the Convention may on any day immediately after the report of the committee to which an ordinance has been referred and adversely acted upon, move to recall said ordinance from said committee, and said ordinance may, upon a majority vote of the Convention, be placed upon the calendar for consideration by the Convention; provided, this resolution shall not apply to the Committee on Rules.

The resolution was referred to the Committee on Rules.

POINT OF ORDER.

Mr. Cofer raised the point of order that no quorum had voted on the motion of Mr. Brooks to suspend the rules and adopt resolution 129.

Mr. Heflin raised the point of order that Mr. Cofer was out of order, in that his (Cofer’s) motion came too late, other business having intervened.

The point of order of Mr. Heflin was sustained.


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ORDINANCES ON FIRST READING.

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

Ordinance 320, by Mr. Banks:

Providing for the collection of taxes.

The ordinance was referred to the Committee on Executive Department.

Ordinance 321, by Mr. Espy:

To amend Section 1 of Article VI of the Constitution.

The ordinance was referred to the Committee on Judiciary.

Ordinance 322, by Mr. Foshee:

Providing that the representation be based on the white population only.

The ordinance was referred to the Committee on Representation.

Ordinance 323, by Mr. Grayson:

To repeal Section 8 of Article XI of the Constitution.

The ordinance was referred to the Committee on Taxation.

Ordinance 324, by Mr. Harrison:

To amend Section 21 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 325, by Mr. Heflin, of Randolph:

To amend Section 3, 5, and 6, of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 326, by Mr. Miller, of Wilcox:

To provide for the election of County Superintendent of Education, and the County Board of Education, and to define their duties.

The ordinance was referred to the Committee on Education.

Ordinance 327, by Mr. Pearce:

That after the adoption of this Constitution no person learned in the law shall be eligible to hold any office under the State except of a judicial nature.


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The ordinance was referred to the Committee on Judiciary.

Ordinance 328, by Mr. W. H. Samford:

To amend Section 21, Article I of the Constitution.

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

Ordinance 329, by Mr. J. W. A. Sanford:

To strike out Section 35 from the Declaration of Rights.

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

Ordinance 330, by Mr. Watts:

To require the General Assembly to enlarge the State Capitol grounds.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 331, by Mr. Williams, of Marengo:

To regulate the conveying of homesteads by executors contract.

The ordinance was referred to the Committee on Exemptions.

REPORT OF STANDING COMMITTEES.

The several standing committees were called for report, but none were submitted.

ADJOURNMENT.

On motion of Mr. Waddell, the Convention adjourned until to-morrow morning at 10 o’clock a.m.