_______

FOURTEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Friday, June 7, 1901.

The Convention met pursuant to adjournment.

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


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ROLL CALL.

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

Messrs. President,

Fitts

Almon,

Fletcher,

Altman,

Foshee,

Ashcraft,

Foster,

Banks,

Gilmore,

Barefield,

Glover,

Bartlett,

Graham (Montgomery),

Beavers,

Graham (Talladega),

Beddow,

Grant,

Bethune,

Grayson,

Blackwell,

Greer (Calhoun),

Boone,

Greer (Perry),

Brooks,

Haley,

Browne,

Handley,

Burnett,

Harrison,

Burns,

Heflin (Chambers),

Cardon,

Heflin (Randolph),

Carmichael (Colbert),

Henderson,

Carmichael (Coffee),

Hodges,

Case,

Hood,

Chapman,

Howell,

Cobb,

Howze,

Cofer,

Inge,

Coleman (Greene),

Jackson,

Coleman (Walker),

Jenkins,

Cornwell,

Jones (Bibb),

Craig,

Jones (Hale),

Cunningham,

Jones (Wilcox),

Davis (Etowah),

Kirk,

deGraffenried,

Kirkland,

Duke,

Knight,

Eley,

Kyle,

Eyster,

Ledbetter,

Espy,

Leigh,

Ferguson,

Locklin,

Lomax,


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Long (Butler),

Reynolds (Chilton),

Lowe (Jefferson),

Reynolds (Henry),

Lowe (Lawrence),

Robinson,

Macdonald,

Rogers (Lowndes),

McMillan (Baldwin).

Rogers (Sumter),

McMillan (Wilcox),

Sanders,

Malone,

Sanford,

Martin,

Searcy,

Maxwell,

Selheimer,

Merrill,

Sentell,

Miller (Marengo),

Sloan,

Miller (Wilcox),

Smith (Mobile),

Moody,

Smith, Morgan M,

Mulkey,

Sollie,

Murphree,

Sorrell,

NeSmith,

Spears,

Norman,

Spragins,

Norwood,

Stewart,

Oates,

Studdard,

O’Neill (Jefferson),

Tayloe,

O’Neal (Lauderdale),

Thompson,

Opp,

Vaughan,

O’Rear,

Waddell,

Palmer,

Walker,

Parker (Cullman),

Weakley,

Parker (Elmore),

Weatherly,

Pearce,

White,

Pettus,

Whiteside,

Phillips,

Willett,

Pillans,

Williams (Barbour),

Pitts,

Williams (Marengo),

Porter,

Williams (Elmore),

Proctor,

Wilson (Clarke),

Reese,

Wilson (Washington),

Renfro,

Winn-141.

LEAVE OF ABSENCE

Was granted to Messrs. Carnathon, indefinitely; Norwood, for to-morrow; Freeman, until Tuesday; Bethune, for to-morrow; Martin, for to-morrow; Bartlett, for to-


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morrow and Monday; Ledbetter, for to-day and to-morrow; Smith, M. M., of Autauga, to-morrow and Monday; Burnett, for to-morrow; Kirkland, for to-morrow and Monday; Bulger, for to-day; Renfroe, for to-morrow; Palmer, for to-morrow and Monday; Sentell, indefinitely; Vaughan, for to-morrow; Cobb, for yesterday; Howell, for yesterday; Leigh, for to-morrow; Heflin, of Randolph, for to-morrow; Craig, for to-morrow and Monday.

COMMITTEE GRANTED LEAVE TO SIT DURING SESSION.

On motion of Mr. Coleman, of Greene, the Committee on Suffrage and Elections was granted leave to sit during to-day’s session.

MOTION TO ADJOURN.

Mr. Renfro moved that when the Convention adjourn to-day that it adjourn until 12 o’clock on Monday.

The motion was lost.

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 thirteenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

REPORT OF COMMITTEE ON RULES.

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

The Committee on Rules begs leave to report that it has had under consideration the resolutions hereinafter mentioned, and begs to report thereon as follows:

The committee reports back to the Convention resolution number 114, introduced by Mr. Sanford, of Mont-


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gomery, without recommendation on its part, for the action of the Convention.

The committee herewith returns to the Convention the resolution hereinabove mentioned.

Mr. Sanford moved that the resolution, 114, be adopted by the Convention.

The motion was lost.

RESOLUTIONS ON FIRST READING.

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

Resolution 131, by Mr. Burns:

Resolved first, That the Committee on Judiciary be requested to frame an ordinance that will prohibit Justices of the Peace trying or finally disposing of criminal cases wherein they are entitled to fees or costs, to define their jurisdiction, as to territory and misdemeanors.

Resolved second, That it is the sense of this Convention that no judicial officer should ever be interested in the termination or result of any case, criminal or civil, over which he may leave jurisdiction; and that he should be paid the sum of $3 for each criminal case brought before and legally disposed of by him, to be paid through the Probate Judge, of his county.

The resolution was referred to the Committee on Judiciary.

Resolution 132, by Mr. Carmichael, of Colbert:

Resolved, That the Committee on Order, Consistency and Harmony of the Constitution shall include in its report of the proposed Constitution all of the provisions of the present Constitution not amended, altered, changed or stricken out, as well as all amendments, changes and additions that may be made to the present Constitution.

The resolution was referred to the Committee on Rules.

Resolution 133, by Mr. Carmichael of Colbert:

Resolved, That the several standing committees shall not report to the Convention any ordinance unless the


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same amends, changes, alters or adds to the present Constitution, or strikes out parts thereof, and when so reporting shall only report the section amended, changed or altered of the proposed addition.

The resolution was referred to the Committee on Rules.

Resolution 134, by Mr. Jones, of Montgomery:

Resolved, That the President express to Governor W. J. Samford the deep interest of the members of this Convention in his welfare, and their earnest wishes for his speedy restoration to health.

On motion of Mr. Jones, of Montgomery, the rules were suspended and the resolution was unanimously adopted by a rising vote.

Resolution 135, by Mr. Knight:

A resolution to abolish the offices of State and County Back Tax Commissioners:

Resolved, That the Constitution about to be framed shall contain a provision abolishing the offices of State and County Back Tax Commissioners.

The resolution was referred to the Committee on Executive Department.

Resolution 136, by Mr. Proctor:

Resolved, That on and after the passage of this resolution, all requests for leave of absence shall be reduced to writing, and sent to the Secretary’s desk by 12 o’clock of each day, and passed on by the Convention at that hour. And that no other requests for absence shall be considered at any other time.

The resolution was referred to the Committee on Rules.

Resolution 137, by Mr. Williams, of Elmore:

To provide for the distribution or disposal of the poll taxes collected under the suffrage clause adopted by this Convention.

Be it resolved, That if this Convention adopts the payment of a poll tax as a requisite qualification to suffrage, that said poll taxes shall be applied to the support of the public schools, in the counties in which such taxes are levied and collected.


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The resolution was referred to the Committee on Education.

ORDINANCES ON FIRST READING.

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

Ordinance 332, by Mr. Blackwell:

To amend Article VIII of the Constitution, regulating the right to vote by striking out the whole of said article.

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

Ordinance 333, by Mr. Lomax, of Montgomery:

To amend the Constitution of Alabama by adding to Article IV a section.

The ordinance was referred to the Committee on Local Legislation.

Ordinance No. 334, by Mr. NeSmith, by request:

To amend Article VIII of the Constitution.

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

Ordinance 335, by Mr. Porter:

To repeal Section 7 of Article X of the Constitution of Alabama.

The ordinance was referred to the Committee on Exemptions.

Ordinance 336, by Mr. Reynolds, of Chilton:

To regulate and control the employment of children in factories and other public works.

The ordinance was referred to the Committee on Corporations.

Ordinance 337, by Mr. Reynolds, of Chilton:

To amend Section 5 of Article VIII of the Constitution of the State of Alabama.

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

Ordinance 338, by Mr. Reynolds, of Chilton:

To amend Section 2 of Article VIII of the Constitution of Alabama.


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

Ordinance 339, by Mr. Reynolds, of Chilton:

To amend Article VIII of the Constitution of the State of Alabama, by adding new sections 8 and 9.

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

Ordinance 340, by Mr. J. W. A. Sanford:

To amend Section 31 of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 341, by Mr. M. M. Smith, of Autauga:

For the equitable distribution of the surplus moneys arising from the sale of fertilizer tags.

The ordinance was referred to the Committee on Legislative Department.

MEMORIALS.

The following memorial was offered by Mr. Pillans, of Mobile, by request, and the same was read at length and referred to the Committee on Suffrage and Elections:

Mr. President and Members of the Constitutional Convention, Montgomery:

Dear Sirs-Perhaps the most important matter to be considered by your august body is the question bearing on the civil and political rights of the negro.

Speaking as an ex-slave, a native of Alabama, with an experience as a public man covering a period of nearly thirty years, all of which time has been spent in the moral, educational and religious interests of my race, permit me to say, that every law-abiding, property holding, intelligent negro in Alabama, every one with a family, and contributes by his material wealth and worth to the common wealth and worth of our great State-is looking with abiding faith to your Convention, and hoping that in the framing of the organic law of Alabama, you will recognize the following facts:


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First-That the negro and the Southern white man, in the province of God, are here together, and here to stay.

Second-The interests of the two races are identical, and like the Union of the States, “one and inseparable.”

Third-The intelligent, law-abiding negro is a patriotic and loyal citizen of his State.

Fourth-The law-abiding negro has used well the privileges granted him in acquiring education, in accumulating property, in establishing himself in the confidence of his neighbors, and in elevating himself as a citizen.

Fifth-The intelligent and law-abiding negro in every community where he lives seeks to aid an approbation of his sympathetic and fair-minded white neighbor.

Sixth-The feeling of amity and mutual dependence between the better classes of the two races is growing stronger in every community where their interests merge into each other.

Seventh-The better class of colored people strongly desire to unite with the better class of white people on common grounds of the material and the economic advancement of our great and resourceful State.

Eighth-The intelligent negro, conscious of the liberality and partiality of the white tax payers of the State is grateful for the enormous expenditure of money upon the common schools of his race-a sum far exceeding the amount paid into the treasury by the tax payers of his own race. This of itself, by the law of gratitude, binds us to our white fellow citizens with ties which only the white Southern man himself can sever.

Ninth-Last, but not least, the better classes of the two races in the South are closer together now, and understand each other better than in any other period since the days of reconstruction.

Now, if you admit the above statement of facts, allow me to respectfully ask of your august body:

That you so frame your organic law on the suffrage and school questions that the intelligent, struggling, honest, law-abiding, patriotic negro citizen will be encouraged in his efforts to elevate himself to a standard


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worthy the name of Southern citizenship-a standard at once reflecting credit on himself and his great State.

By doing this you will not only justify the abiding faith of your “Brother in Black,” but your names will go down with honor to posterity, and in the ages to come, generations will rise up and call you blessed.

Respectfully submitted,

A. F. OWENS, Pastor, Etc.

Mobile, June 6th, 1901.

REPORTS OF STANDING COMMITTEES.

Mr. Jones, of Montgomery, chairman of the Committee on Executive Department, submitted the following report:

Mr. President:

The Committee on the Executive Department instructs me to report herewith an ordinance to take the place of the article in the present Constitution on the subject.

The committee has not deemed it necessary to report specially upon the several ordinances or resolutions referred to it. All of them have been maturely considered, and the principles of some have been incorporated in the article. The reading of the article as reported, will enable the Convention and the authors of the ordinances and resolutions referred to us to see how far their respective suggestions have been adopted. These ordinances and resolutions are herewith respectfully returned.

The material changes reported are as follows:

The office of Lieutenant Governor is created. The name of the office of Commissioner of Agriculture is changed to that of Commissioner of Agriculture and Industries, and both are made officers of the Executive Department. The terms of the officers of the Executive Department elected hereafter are lengthened from two to four years. The Lieutenant Governor, the Commissioner of Agriculture and Industries, and the Superintendent of Education are included among the officers, the returns of whose election are required to be directed


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to the Speaker. To remove uncertainty as to the Speaker’s powers and duties under Section 4, in counting the votes, it is provided that his duties are ministerial, and his decisions subject to the control of the Joint Convention. The officers of the Executive Department, after the first election under the Constitution, are made ineligible to succeed themselves. The Governor is made ineligible to any office under this State within one year after the expiration of his term; and his acceptance of the office is a pledge to the people not to accept an election or appointment to the Senate of the United States during his term, or at any time within one year thereafter. The salary of the Governor is fixed at five thousand dollars per annum, to take effect on the adoption of the Constitution, and the article contains the usual limitations upon the legislative power to increase or diminish the compensation of the Executive Officers during their term.

Section 9 of the present article of the Constitution has been amended to provide for the ease of a refusal to give information when required by the Governor.

A Board of Pardons is created, to meet on the call of the Governor, which shall sit in public, before whom shall be laid all recommendations or petitions for commutations, pay rolls or pardons in cases of felony, which Board must advise with the governor; after which, or delay to act for more than sixty days, the Governor may act as to him seems best for the public interest. He is also required to report to the General Assembly, the opinions of the board of Pardons, as well as his own reasons, in all cases of felony, in which he acts favorably.

Section 13 of the present Constitution has been amended so as to authorize the two Houses, when the Governor vetoes a bill, to amend it to meet his objections, instead of passing it over his veto. The Governor is given ten days after final adjournment in which to approve bills, before him at that time. A recess of the General Assembly, as well as adjournment, excuses the Governor from returning a bill within six days, the time fixed in the article within which, if the General Assembly is in session, the Governor must return a bill, or it


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will become a law. Section 14 provides the procedure in case of a veto of a part of an appropriation bill to remove doubt, heretofore existing, whether the organic bill shall be returned in such case.

Careful provision is made in Section 15, defining the order of succession when the Governor dies, resigns or is removed from office, and when he is impeached, or absent or under other disabilities; and specific provision is made for the contingency of the Governor-elect’s failure or refusal, or that of the Lieutenant Governor elect, to qualify, from any cause, and the succession defined in that event.

Section 16 is a new provision, to meet the contingency of the Governor or other officer administering the office of Governor, becoming of unsound mind, and provides for the ascertainment thereof. Similar provision is made with reference to the other officers of the Executive Department.

Section 20 is a new section, prohibiting the Governor from appointing any member of the General Assembly to office during the term for which the member shall have been elected.

A new section has been added, constituting the Governor, Lieutenant Governor and Attorney General a Board of Conciliation, with provision for the addition of two citizens in each case, if thought proper, for the adjustment of differences between employer and employee. The finding of the Board is to be advisory merely; unless both parties have agreed in writing, in advance, to perform the award, when it may be enforced by proceedings in the courts, under rules and regulations to be prescribed by law.

A new section has also been added allowing the Governor, Auditor and Treasurer, or the Governor and either of the other officers, when there is a surplus in the Treasury, not immediately needed, to loan it out on call, or for such time as they may deem advisable, taking bonds of the United States or of this State as collateral to the full amount loaned, with interest, and providing how such loan shall be made.


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The section regarding Sheriffs has been amended, to provide in substance: If a prisoner is taken from the custody of the law, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, and is put to death or suffers grievous bodily harm, the Sheriff may be impeached before the Supreme Court, and the Governor is authorized, after hearing, to suspend the Sheriff from office, until the impeachment proceedings are determined.

The committee refrains from discussing at this time the reasons for the changes reported; since the merits or demerits of the amendments will readily occur to the members, and be fully disclosed and discussed when the proposed article is passed upon by the Convention. Upon three of the amendments, the members of the committee are not all agreed; and as to these the dissenting members reserve liberty of action, without now making a final minority report.

THOMAS G. JONES, Chairman.

The undersigned member of the Committee on Executive Department does not concur in the report of the Committee as to Sections 7 and 27, and he offers as a substitute for Section 7 the following:

Sec. 7. The Governor, Lieutenant Governor, Secretary of State, State Auditor and Attorney General shall receive compensation for their services which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, and shall, except the Lieutenant Governor, reside at the State Capitol during the time they continue in office, except in cases of epidemic.

And he further recommends that Section 27 (which relates to the loaning of money in the State Treasury) as reported by said committee, be stricken out, and do not pass.

Respectfully submitted,

WATKINS M. VAUGHAN.

An ordinance to create and define the Executive Department.


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Be it ordained by the people of Alabama, in Convention assembled, that Article V of the Constitution be stricken out, and the following article inserted in lieu thereof:

ARTICLE V.

EXECUTIVE DEPARTMENT.

Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, Commissioner of Agriculture and Industries, and a Sheriff for each county.

Sec. 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled “the Governor of the State of Alabama.”

Sec. 3. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Auditor, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be elected every four years by the qualified electors of this State, at the same time and places appointed for the election of members of the General Assembly.

Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of government, and directed to the Speaker of the House of Representatives, who shall during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly in joint convention; but the Speaker’s duty shall be purely ministerial, in this respect and any objection to any return on account of informality, defect or other cause, shall be decided by the Speaker, subject to the control of the majority of the joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more persons


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shall have an equal and highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

Sec. 5. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education, and Commissioner of Agriculture and Industries shall hold their respective offices for the term of four years from the first day of December of the year in which they shall have been elected, and until their successors shall be elected and qualified, and after the first election under this Constitution neither of them shall be eligible as his own successor; and the Governor shall not be eligible to election to any office under this State within one year after the expiration of his term; and his acceptance of the office of Governor shall be a pledge to the people not to accept an election or appointment to the Senate of the United States at any time during his term, or within one year thereafter.

Sec. 6. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President pro tem from among its own members, who shall discharge the duties of the Lieutenant Governor in the Senate, whenever he is absent or disqualified.

Sec. 7. The Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for


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which they have been elected, and with the exception of the Lieutenant Governor, shall reside at the Capital. After the adoption of this Constitution, the compensation of the Governor shall be five thousand dollars per annum, which shall not be thereafter increased or diminished during the term for which he shall have been elected.

Sec. 8. The Governor shall take care that the laws be faithfully executed.

Sec. 9. The Governor may require information in writing, under oath, from the officers of the Executive Department named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the condition, management, and expenses of their respective offices and institutions. Any such officer or manager who makes a willfully false report, or fails without sufficient excuse to make such report when demanded, is guilty of an impeachable offense.

Sec. 10. The Governor may, by proclamation on extraordinary occasions, convene the General Assembly at the seat of government, or, at a different place, if since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infectious or contagious disease; he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.

Sec. 11. The Governor shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient; and at the commencement of each regular session of the General Assembly, and at the close of his term of office, give information by written message, of the condition of the State; and he shall account to the General Assembly, as may be prescribed by law, for all moneys received and paid out by him, or by his order; and, at the commencement of each regular session, he shall present to the


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General Assembly estimates of the amount of money required to be raised by taxation for all purposes.

Sec. 12. The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commutations of sentence and pardons. The Attorney General, Secretary of State and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions, for pardon or commutations or paroles, in cases of felony; and the Board shall hear them in open session, and give their opinion in writing, to the Governor thereon, after which or on the board’s failure to advise for more than sixty days, the Governor may grant or refuse the commutation, parole or pardon, as to him seems best for the public interest. He shall communicate to the General Assembly at each session, each case of reprieve, commutation, parole, or pardon, with his reasons therefore, and the opinion of the Board of Pardons in each case required to be referred; stating the name, the crime of the convict, the sentence, its date, and the date of reprieve, commutation, parole or pardon. Pardons in cases of felony and other offenses involving the crimenfalsi, shall not relieve from civil and political disabilities, unless specifically expressed in the pardon.

Sec. 13. Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large upon the Journal, and proceed to reconsider it. If the Governor’s message proposes amendment which would remove his objections, the House to which it is sent may so amend the bill, and send it with the Governor’s message to the other House, which may adopt, but cannot amend said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor, and acted on by him as on other bills. If the House to which the bill is returned refuses to make such amendment, it shall proceed


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to reconsider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number of that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall proceed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every case, the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the Journals of each House respectively. If any bill shall not be returned by the Governor, Sundays excepted, within six days after it shall have been presented, the same shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjournment or recess, prevent its return, in which case it shall not be a law; but bills presented to the Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final adjournment, if approved by the Governor at any time within ten days after the final adjournment, if approved and deposited with the Secretary of State within that time. Every vote, order or resolution to which concurrence of both Houses may be necessary, except questions of adjournment, and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor; and before the same 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.

Sec. 14. The Governor shall have power to approve or disapprove any item or items of any bill making appropriations embracing distinct items, and the part or parts of the bill approved shall be the law; and the item or items disapproved shall be void, unless repassed, according to the rules and limitations prescribed for the passage of other bills over the Executive veto; and he


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shall in writing, state specifically the item or items he disapproves, setting the same out in haec verba, in his message; but in such case, the enrolled bill shall not be returned with the Governor’s objection.

Sec. 15. In case of the Governor’s removal from office, death or resignation, the Lieutenant Governor shall become Governor. If both the Governor and Lieutenant Governor are removed from office, die or resign, prior to the next general election, thereafter, for members of the General Assembly, the Governor and Lieutenant Governor shall be elected at such election for the unexpired term. In case of the impeachment of the Governor, his absence from the State, unsoundness of mind, or other disability, the power and authority of the office shall devolve, in the order herein named, upon the Lieutenant Governor, President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, State Auditor, Secretary of State, and State Treasurer; if any of these officers be under any of the disabilities herein specified, the office of Governor shall be administered in the order named by these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or relieved from other disability. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor, who shall enter upon the duties of the Governor, if both the Governor and Lieutenant Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President pro tem of the Senate, who shall enter upon the duties of the Governor, and so on in case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Governor, until the governor or other officers entitled to administer the office in succession to the Governor, returns. If the Governor-elect fails or refuses from any cause, to qualify, the Lieutenant-elect shall qualify, and exercise the duties of the Governor’s office until the Governor-elect qualifies; and in event both the Governor-elect and Lieutenant Governor-elect, from any cause, fail to qualify, the President pro tem of the Senate, the


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Speaker of the House of Representatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, administer the government until the Governor or Lieutenant Governor-elect qualifies.

Sec. 16. If the governor or other officer administering the office, shall become of unsound mind, it shall be the duty of the Supreme Court of Alabama, upon request in writing of any two of the officers named in Section 15, not next in succession to the Governor, to ascertain the mental condition of the Governor, or other officer exercising the office, and if he is of unsound mind, to so certify upon its minutes; a copy of which, duly certified, shall be filed in the office of the Secretary of State; and in that event, it shall be the duty of the officer next in succession, to perform the duties of the Governor, until the Governor or other officer exercising the office is restored to his mind.

Sec. 17. The Lieutenant Governor, the President pro-tem of the Senate, and the Speaker of the House of Representatives, shall receive during the time they respectively administer the government, like compensation as that fixed for the Governor; provided, if the General Assembly shall be in session during the time such officer may administer the office of Governor, they shall receive no compensation as officers or members of the General Assembly.

Sec. 18. No person shall at one and the same time hold the office of Governor of this State and any office, civil or military, either under this State or the United States, or any other State or government, except as otherwise provided in this Constitution.

Sec. 19. The Governor shall be commander-in-chief of the militia and volunteer forces of this State, except when they shall be called into the service of the United States; and he may call out the same to execute the laws, suppress insurrection, and repel invasion; but need not command in person unless directed to do so by resolution of the General Assembly, and when acting in the service of the United States, he shall appoint his staff and the General Assembly shall fix his rank.


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Sec. 20. The Governor shall not appoint any member of the General Assembly, during the term for which he shall have been elected, to any office.

Sec. 21. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, Superintendent of Education, Attorney General, or Commissioner of Agriculture and Industries, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years old when elected.

Sec. 22. There shall be a Great Seal of State, which shall be used officially by the Governor, and the Seal now in use shall continue to be used until another shall have been adopted by the General Assembly. Said Seal shall be called the Great Seal of the State of Alabama.

Sec. 23. The Secretary of State shall be the custodian of the Seal of the State, and shall authenticate therewith all official acts of the Governor; his approval of laws, resolution, appointments to office and administrative orders, excepted. He shall keep a register of the official acts of the Governor, and when necessary, shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either House of the General Assembly, when required to do so, and shall perform such other duties as may be prescribed by law.

Sec. 24. All grants and commissions shall be issued in the name and by the authority of the State of Alabama., sealed with the Great Seal and signed by the Governor, and countersigned by the Secretary of State.

Sec. 25. Should the office of Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education or Commissioner of Agriculture and Industries become vacant, for any cause, the Governor shall fill such vacancy until the disability is removed or a successor elected and qualified. In case any of said officers shall become of unsound mind, such unsoundness shall he ascertained by the Supreme Court upon the suggestion of the Governor.

See. 26. The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation,


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for the adjustment of differences between employer and employees engaged in mining, manufacturing, transportation, or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or of some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to be done to adjust the disputes or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be enforced by appropriate proceedings in the courts, under such rules and regulations as may be prescribed by law. The Board shall have power to compel the production of papers and the attendance of witnesses in matters germane to the dispute or difference, under such rules and regulations as may be provided by law.

Sec. 27. The Governor, Auditor and Treasurer, or the Governor and either the Auditor or Treasurer, when there are funds in the Treasury not immediately needed, may loan out the same on call, for such time and at such rate of interest, as they may deem advisable, taking as collateral, bonds of the United States, or of this State, to the full amount loaned, and the interest agreed to be paid therefore; such loans shall not be made until after one week’s public notice, through some paper published at the Capital, and a record of such loans shall be kept in the office of the Auditor, and reported by the Governor to the General Assembly at its next meeting.

Sec. 28. The State Treasurer, State Auditor, Attorney General, and the Commissioner of Agriculture and Industries shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall, every year, at a time the General Assembly may fix, make a full and complete report to the Governor, showing the receipts and disbursements of revenues of every character, and all claims audited and paid out by items, and all taxes and revenues collected and paid into


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the Treasury, and from what sources; and they shall make reports oftener upon any matters pertaining to their office if required by the Governor or General Assembly.

Sec. 29. The State Auditor, State Treasurer, Attorney General, Secretary of State, and Commissioner of Agriculture and Industries shall not receive to their use, any fees, costs, perquisites of office, or other compensation than their salaries, as prescribed by law, and all fees that may be payable for any services performed, through such officers, shall be at once paid into the State Treasury.

Sec. 30. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for a term of four years, unless sooner removed, and shall be ineligible to such office as his own successor. Whenever any prisoner is taken from the jail or from the custody of the Sheriff or his deputy, and put to death or suffers grievous bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, such Sheriff may be impeached under Section 2 of Article VII of the Constitution; and the Governor, when satisfied, after hearing the Sheriff, that he should be impeached, may suspend him from office for such time as he may think proper, until the impeachment proceedings are finally disposed of.

Mr. Jones, of Montgomery, moved that the reading of the ordinance above set out be dispensed with. The motion was lost.

Mr. Rogers, of Sumter, asked unanimous consent that the reading of the ordinance be dispensed with. An objection was interposed.

The ordinance was read at length a second time, and placed on the calendar.

Mr. Brooks moved that the Secretary be instructed to have the report of the Committee printed and placed on the desks of each delegate, and that the further consideration of the ordinance be postponed until Tuesday.


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Mr. Jones, of Montgomery, moved that the rules be suspended in order that he could make a motion to have the report and ordinance laid upon the table, and that 300 copies be ordered printed.

The Chair held that the motion of Messrs. Brooks and Jones, of Montgomery, were not necessary, as the rules of the Convention provided for that which the motions sought to accomplish.

Mr. Brooks moved that only the majority and minority reports of the Committee be printed. The motion was lost.

Mr. Jones, of Montgomery, moved that the report of the Committee and the ordinance submitted by the Committee be printed in full. The motion prevailed.

ADJOURNMENT

On motion of Mr. Brooks, the Convention adjourned until 10 o’clock to-morrow morning.