JOURNAL OF ALABAMA

SEVENTEENTH DAY.

CONVENTION HALL

Montgomery, Ala., Tuesday, June 11, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Stickney, 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,

Henderson

Altman,

Davis (DeKalb),

Ashcraft,

Davis (Etowah),

Banks,

Dent,

Barefield,

deGraffenried,

Bartlett,

Duke,

Beavers,

Eley,

Beddow,

Eyster,

Bethune,

Espy,

Blackwell,

Ferguson,

Boone,

Fitts,

Brooks,

Fletcher,

Browne,

Foshee,

Bulger,

Foster,

Burnett,

Gilmore,

Burns,

Graham (Montgomery),

Cardon,

Graham (Talladega),

Carmichael (Colbert),

Grant,

Carmichael (Coffee),

Grayson,

Case,

Greer (Calhoun),

Chapman,

Greer (Perry),

Cobb,

Haley,

Cofer

Handley,

Coleman (Greens),

Harrison,

Coleman (Walker),

Heflin (Chambers),

Craig,

Heflin (Randolph),


243

CONSTITUTIONAL CONVENTION.

Hinson,

Opp,

Hodges,

O’Rear,

Hood,

Palmer,

Howell,

Parker (Cullman),

Howze,

Parker (Elmore),

Inge,

Pearce,

Jackson,

Pettus,

Jenkins,

Phillips,

Jones (Bibb),

Pillans,

Jones (Hale),

Pitts,

Jones (Montgomery,

Porter,

Jones (Wilcox),

Proctor,

Kirk,

Reese,

Kirkland,

Renfro,

Knight,

Reynolds (Chilton),

Kyle,

Reynolds (Henry),

Ledbetter,

Robinson,

Leigh,

Rogers (Lowndes),

Lomax,

Rogers (Sumter),

Long (Butler),

Sanders,

Long (Walker),

Sanford,

Lore (Jefferson),

Searcy,

Lowe (Lawrence),

Selheimer,

Macdonald,

Sentell,

McMillan (Baldwin),

Sloan,

McMillan (Wilcox),

Smith (Mobile),

Malone,

Smith, Mac. A.,

Martin,

Smith, Morgan M

Maxwell,

Sollie,

Merrill,

Sorrell,

Miller (Marengo),

Spears,

Miller (Wilcox),

Spragins,

Moody,

Stewart,

Mulkey,

Tayloe,

Murphree,

Thompson,

NeSmith,

Vaughan,

Norman,

Waddell,

Norwood,

Walker,

Oates,

Watts,

O’Neal (Lauderdale),

Weakley,

O’Neill (Jefferson),

Weatherly,


244

JOURNAL of ALABAMA

White,

Williams (Marengo),

Whiteside

Williams (Elmore),

Willett,

Wilson (Washington).

Williams (Barbour),

Winn-142.

LEAVE OF ABSENCE

Was granted to Messrs. Maxwell, Glover, Carmichael and Almon for today.

REPORT OF COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

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

JOHN F. PROCTOR, Chairman.

ORDINANCES ON FIRST READING.

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

Ordinance 366, by Mr. Brooks:

To define a trust, and to prohibit the same in this State.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 367, by Mr. Jones, of Hale:

To amend Section 26 of Article VI. (Relates to Justice of the Peace.)

The ordinance was referred to the Committee on Judiciary.

Ordinance 368, by Mr. Burns:

 To amend Article VIII of the present Constitution.

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

Ordinance 369, by Mr. Burns:

To amend Section 3 of Article VIII.


245

CONSTITUTIONAL CONVENTION.

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

SUSPENSION OF THE RULES.

Mr. White moved to suspend the rules in order to dispense with the regular order of business, and then moved to take up the report of the Committee on Executive Department. The rules were suspended and the Convention proceeded to the consideration of the report of the committee.

Mr. Harrison moved that the Convention resolve itself into committee of the whole, in which the five minute rule should apply.

Mr. Jones, of Montgomery, moved the indefinite postponement of Mr. Harrison’s motion.

POINT OF ORDER.

Mr. deGraffenried made the point of order that the motions of both Messrs. Harrison and Jones, of Montgomery, were out of order, in that the rules provided that the minority report is considered, an amendment to the ordinance and that the ordinance on third reading, should be considered section by section.

The Chair held that there was no rule providing for the Convention to go into a committee of the whole, but it was in order for any delegate to make a motion that the Convention resolve itself into a committee of the whole.

(The motion of Mr. Harrison was withdrawn.)

Mr. Fitts moved that the ordinance be ordered to a third reading.

At the request of Mr. Jones, of Montgomery, Mr. Fitts withdrew his motion.

Mr. Jones, of Montgomery, stated that he desired to make a motion that the ordinance be ordered to a third reading, and that his object in making this motion was to place the ordinance before the Convention.

Mr. Jones, of Montgomery, addressed the Convention at length upon the ordinance submitted by the Com-


246

JOURNAL of ALABAMA

mittee on Executive Department, and thereupon withdrew his motion to order the ordinance to a third reading.

Mr. Jones, of Montgomery, moved that the ordinance be placed upon a third reading, and that it be considered section by section.

Mr. Harrison raised the point of order that under Rule 51 of the Convention, the proposed question was upon the minority report which was to be considered an amendment

The Chair held that the point of order was well taken, but that the minority report would be taken up when the sections it sought to amend were reached.

The ordinance:

“To create and define the Executive Department.”

Was ordered read section by section.

Section 1 was thereupon read as follows:

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.

Mr. Oates offered the following amendment to Section 1.

Amend Section 1 by striking out the word “State” where it occurs in the second line of Section 1 before the word Auditor and Treasurer.

The amendment offered by Mr. Oates was adopted.

Mr. Long, of Walker, offered the following amendment:

Amend the ordinance by striking out the words “Lieutenant Governor” wherever they occur in said ordinance

Mr. Oates raised the point of order that the amendment offered by Mr. Long of Walker was out of order in that it was an amendment to the entire ordinance, and that the Convention was considering only Section 1 of the ordinance.

The point of order was sustained.

Mr. Long, of Walker, thereupon asked unanimous consent that he be allowed to offer the amendment so that it would apply only to Section 1.


247

CONSTITUTIONAL CONVENTION.

Unanimous consent was given.

Mr. O’Neal of Lauderdale, called for the previous question on the amendment offered by Mr. Long, of Walker. The call for the previous question was sustained.

The question recurred upon the adoption of the amendment offered by Mr. Long, of Walker.

The amendment was lost.

Mr. Jones, of Montgomery moved the previous question on the adoption of Section 1, as amended, and the motion prevailed.

Section 1:

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

SECTION TWO.

Mr. Jones, of Montgomery, moved that Section 2 of the ordinance be adopted.

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.”

Mr. Oates offered the following amendment to Section 2:

Amend Section 2 by striking out the words “of the State” where said words appear in the second line of Section 2.

Mr. O’Neal, of Lauderdale, moved to lay the amendment offered by Mr. Oates upon the table, and the motion prevailed.

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,” was adopted.

SECTION THREE.

Sec. 3. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Auditor, Attorney


248

JOURNAL OF ALABAMA

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, was read at length.

Mr. Jones, of Montgomery, moved that the following amendment offered by the Committee on Executive Department be adopted:

Amend Section 3 by adding after the words “shall be elected” the following words, “on the first Monday in August, 1902, and thereafter.”

Mr. Coleman, of Greene, offered the following amendment as a substitute for the amendment offered by the Committee:

Amend Section 3 by striking out all of said section, beginning with the words “every four years,” and substituting therefore the following:

“Shall be elected at the same time and places appointed for the election of members of the General Assembly in 1902, and every four years thereafter by the qualified electors of the State.”

The amendment offered by Mr. Coleman, of Greene, was accepted by the committee.

Mr. Pillans offered the following amendment as a substitute for the amendment offered by Mr. Coleman, of Greene:

Amend by adding after the words “shall be elected” the following words, “in the year 1902 and thereafter.”

The substitute offered by Mr. Pillans for the amendment offered by Mr. Coleman of Greene, was lost.

The question recurred upon the amendment offered by Mr. Coleman, of Greene:

Amend Section 3 by striking out all of said section, beginning with the words “every four years,” and substituting therefore the following:

Shall be elected at the same time and places appointed for the election of members of the General Assembly in 1902, and every four years thereafter, by the qualified electors of the State.

And the amendment was adopted.


249

CONSTITUTIONAL CONVENTION.

Mr. Browne offered the following amendment to Section 3:

Amend Section 3 by striking out the words “State” where it appears in the first line of said section of the printed copy before the words Treasurer, and immediately after the word Treasurer.

The amendment was adopted.

Mr. Oates offered the following amendment to Section 3:

Amend Section 3 by striking out the words “Attorney General” where said words occur in said section.

Mr. Waddell moved to lay the amendment of Mr. Oates upon the table, and the motion prevailed.

Mr. Burnett offered the following amendment to Section 3:

To amend Section 3 by striking out the words where they occur, “on the first Monday in August,” and inserting in lieu thereof the following, “on Tuesday after the first Monday in November,” and to add to said Section 3, at the end the following words “the Legislature shall have power to change the time of holding the election.”

Pending the further consideration of the amendment offered by Mr. Burnett, Mr. Heflin, of Chambers, raised the point of order that the hour of 1 o’clock p. m. having arrived, under the rules the Convention stood adjourned.

The point of order was sustained, and the Convention adjourned until 10 o’clock to-morrow morning.