253

CONSTITUTIONAL CONVENTION.

NINETEENTH DAY.

CONVENTION HALL.

Montgomery, Ala., Thursday, June 13, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Gay 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),

Ashcraft,

Dent,

Banks,

deGraffenried

Barefield,

Duke,

Bartlett,

Eley,

Beavers,

Eyster,

Beddow,

Espy,

Bethune,

Ferguson,

Blackwell,

Fitts.

Boone,

Fletcher,

Brooks,

Foshee,

Browne,

Foster,

Burnett,

Freeman,

Burns,

Gilmore,

Byars,

Glover,

Cardon,

Graham (Montgomery)

Carmichael (Colbert),

Graham (Talladega),

Carmichael (Coffee),

Grant,

Case,

Grayson

Chapman,

Greer (Calhoun),

Cofer,

Harrison,

Coleman (Greene),

Greer (Perry),

Coleman (Walker),

Haley,

Craig,

Handley,


254

JOURNAL OF ALABAMA

Heflin (Chambers),

Oates,

Heflin (Randolph),

O’Neal (Lauderdale),

Henderson,

Opp,

Hinson,

O’Rear,

Hodges,

Palmer,

Hood,

Parker (Cullman),

Howell,

Parker (Elmore),

Howze

Pearce,

Inge,

Pettus,

Jackson,

Phillips,

Jenkins,

Pillans,

Jones (Bibb),

Pitts,

Jones (Hale),

Porter,

Jones (Montgomery),

Proctor,

Jones (Wilcox),

Reese,

Kirk,

Robinson,

Kirkland,

Rogers, (Sumter),

Knight

Sanders,

Ledbetter,

Sanford,

Leigh

Searcy,

Locklin,

Selheimer,

Lomax,

Sentell,

Long, (Butler),

Sloan

Long (Walker),

Smith (Mobile),

Lowe (Jefferson),

Smith Mac. A.,

Lowe (Lawrence),

Smith, Morgan M.,

Macdonald,

Sollie,

McMillan (Baldwin),

Sorrell,

McMillan (Wilcox),

Shears,

Malone,

Spragins,

Martin,

Stewart,

Maxwell,

Tayloe,

Merrill,

Thompson,

Miller (Marengo),

Vaughan,

Miller (Wilcox),

Waddell,

Moody,

Walker,

Morrisette,

Watts,

Murphree,

Weakley,

NeSmith,

Weatherly,

Norman,

White,

Norwood,

Whiteside,


255

CONSTITUTIONAL CONVENTION.

Willett,

Wilson, (Clarke),

Williams (Barbour),

Wilson (Washington).

Williams (Marengo),

Winn-142.

Williams (Elmore),

LEAVE OF ABSENCE

Was granted to Mr. Kyle until Monday.

RESOLUTIONS.

Mr. Harrison offered the following resolution:

Resolution 143, by Mr. Harrison:

Whereas, the remains of Hon. W.J. Samford, late Governor of this State, now lie in state in the Capitol, and

Whereas, His funeral services will occur at his home in Opelika to-morrow, Friday, at 9:30 o’clock a. m. and the delegates of this Convention desire to attend these services;

Now, therefore, be it resolved, That this Convention do now recess until 2:30 this afternoon, and that when it adjourns this afternoon it adjourn to meet at 2:30 o’clock to-morrow, Friday, afternoon, in order to give the delegates the opportunity of attending said funeral services.

Mr. Graham, of Talladega, moved that the rules be suspended.

The motion prevailed.

Mr. Harrison moved that the resolution be adopted.

The motion prevailed.

RECESS.

Under the resolution above set out, the Convention recessed until 2:30 o’clock this afternoon.

EVENING SESSION.

The Convention met pursuant to adjournment.


256

JOURNAL OF ALABAMA

ROLL CALL.

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

Messrs. President,

Graham (Talladega),

Barefield,

Grant,

Bartlett,

Grayson,

Beddow,

Greer (Calhoun),

Bethune,

Greer (Perry),

Brooks,

Haley,

Browne,

Handley,

Burnett,

Harrison,

Burns,

Heflin (Chambers),

Byars,

Heflin (Randolph),

Cardon,

Hinson,

Carmichael (Colbert),

Hood,

Carmichael (Coffee),

Howell,

Case,

Howze,

Cobb,

Jackson,

Cofer,

Jenkins,

Coleman (Greene),

Jones (Bibb),

Coleman (Walker),

Jones (Hale),

Craig,

Jones (Montgomery),

Cunningham,

Jones (Wilcox),

Davis (DeKalb),

Kyle,

Davis (Etowah),

Ledbetter,

Dent,

Leigh,

deGraffenried,

Locklin,

Duke,

Lomax,

Eley,

Long (Walker),

Eyster,

Lowe (Jefferson),

Espy,

Lowe (Lawrence),

Ferguson,

Macdonald,

Pitts,

McMillan (Wilcox),

Fletcher,

Malone,

Foshee,

Martin,

Freeman,

Merrill,

Gilmore,

Miller (Marengo),

Glover,

Miller (Wilcox),


257

CONSTITUTIONAL CONVENTION.

Moody,

Smith (Mobile),

Morrisette,

Smith, Mac. A.,

Murphree,

Smith, Morgan M.,

NeSmith,

Sollie,

Norwood,

Sorrell,

Oates,

Spears,

O’Neal (Lauderdale),

Spragins,

Opp,

Stewart,

O’Rear,

Studdard,

Parker (Elmore),

Thompson,

Pearce,

Vaughan,

Pettus,

Waddell,

Phillips,

Walker,

Pillans,

Watts,

Pitts,

Weakley,

Proctor,

Weatherly,

Reese,

White,

Robinson,

Whiteside,

Rogers (Lowndes),

Williams (Barbour),

Rogers (Sumter),

Williams (Marengo),

Sanders,

Williams (Elmore),

Sanford,

Wilson (Washington),

Selheimer,

Winn-117.

Sentell,

LEAVE OF ABSENCE

Was granted to Messrs. Williams, of Elmore, indefinitely; Reynolds, of Henry, until Monday.

REPORT OF THE 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 seventeenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.


258

JOURNAL OF ALABAMA

RESOLUTIONS ON FIRST READING.

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

Resolution 144, by Mr. Watts:

Be it resolved, That the Committee on Executive Department report to this Convention whether any separate ordinance or provision in the Constitution to be framed is necessary to provide for succession in the office of Governor until the Governor elected in 1902 goes into office.

The resolution was referred to the Committee on Executive Department.

Resolution 145 (with message), by Mr. Weakley:

Be it resolved by this Convention that the proper officers of this Convention be instructed to transmit to the Constitutional Convention of the State of Virginia, now in session at Richmond, the following message:

To the President and Delegates of the Constitutional Convention of the State of Virginia, Richmond, Va.:

The President and delegates of the Constitutional Convention of the State of Alabama, now in session at Montgomery, extend greetings to the President and delegates of the Constitutional Convention of the State of Virginia now in session at Richmond.

Mr. Weakley moved that the rules be suspended, and that the resolution be adopted.

The motion prevailed and the resolution was adopted.

ORDINANCES ON FIRST READING.

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

Ordinance 370, by Mr. Rogers of Sumter:

Relates to the meeting of the Legislature.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 371, by Mr. Parker, of Elmore:


259

CONSTITUTIONAL CONVENTION.

An ordinance to amend Section 17 of Article VI of the present Constitution.

The ordinance was referred to the Committee on Judiciary.

REPORT OF STANDING COMMITTEES.

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

Mr. President:

The Committee on Executive Department direct me to report as a substitute for ordinance No. 349, “To establish a Great Seal for the State of Alabama,” the following:

Section 22. Commemorative of the heroism of Emma Sanson the Great Seal of the State, which shall be used officially by the Governor, shall consist of the figure of an officer on horseback, fully armed, and a young woman seated behind him, with her left hand pointing forward;

and the legend “I will show you the way.” The said seal shall be called the Great Seal of the State of Alabama. The committee recommend that Section 22 of the ordinance “to create and define the Executive Department,” as it now stands, be stricken out, and that said substitute be adopted in lieu thereof.

THOMAS G. JONES, Chairman.

The ordinance was read a second time at length, and placed upon the calendar, and 300 copies ordered printed.

REPORT OF THE COMMITTEE ON RULES.

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

The committee reports adversely resolution No. 136, introduced by Mr. Proctor of Jackson, and recommends that it be not adopted by the Convention. Said resolution reads as follows:


260

JOURNAL OF ALABAMA

Resolution No. 136:

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 upon by the Convention at that hour and that no other requests for absence shall be considered at any other time.

The committee amends resolution No. 141, introduced by Mr. Wilson, of Clarke, by striking out the words “ten-thirty” and inserting in place thereof the word “eleven.” The committee reports favorably on the resolution, as amended, and recommends that it, as amended, be adopted by the Convention. Said resolution, as amended, reads as follows:

Resolution No. 141:

Resolved, That subdivision 6, of Rule 22, be amended so as to read as follows: 6. Call of the roll in alphabetical order for the introduction of resolutions, memorials, petitions and ordinance, and their proper reference. But if the roll call is not completed by 11 o’clock of any day, the Convention shall at that hour proceed with the next regular order of business.

The committee herewith returns to the Convention the resolutions herein above referred to.

Mr. Beddow moved that resolution 136, set out in the above and foregoing report of the Committee on Rules, be laid upon the table.

And the motion prevailed.

Mr. White moved that resolution 141, set out in the above and foregoing report of the Committee on Rules, be adopted.

And the motion prevailed.

SUSPENSION OF THE RULES.

Mr. White moved that the rules be suspended and that the committee proceed to the consideration of the report of the Committee on Executive Department.

The rules were suspended, and the Convention proceeded to the Consideration of the


261

CONSTITUTIONAL CONVENTION.

UNFINISHED BUSINESS,

Which was an ordinance “To create and define the Executive Department.”

The question being upon the adoption of the amendment to Section 3 of the said ordinance, offered by Mr. Burnett.

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 following words, “The Legislature shall have the power to change the time of holding the election.”

By unanimous consent the amendment was withdrawn.

Mr. Sanford offered the following amendment to Section 3, which was read at length:

To amend 3 by striking out the words “four years” and the insertion therein of the words “two years.”

Mr. Reese moved to table the amendment offered by Mr. Sanford, and the motion prevailed.

Mr. O’Rear offered the following amendment to Section 3, which was read at length:

Amend Section 3 by striking out the figures “1902” and insert in lieu thereof the figures “1904.”

Mr. Jones, of Montgomery, moved to table the amendment offered by Mr. O’Rear, and the motion prevailed.

Mr. Coleman, of Greene, offered the following amendment to Section 3, which was read at length:

Amend Section 3 by striking out the words “1902” and insert therein the words “1904.”

Mr. Dent moved to table the amendment offered by Mr. Coleman, of Greene, and the motion prevailed.

Mr. Jones, of Bibb, offered the following amendment to Section 3, which was read at length:

Amend section 3 by adding immediately after the words “Attorney General'” the words “who shall be learned in the law.”

The amendment offered by Mr. Jones, of Bibb, was lost.


262

JOURNAL OF ALABAMA

Mr. Howze moved that Section 3, as amended:

Sec. 3. The Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, 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 motion of Mr. Howze prevailed, and Section 3, as amended, was adopted.

SECTION FOUR.

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 shall have an equal and the 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,-was read at length.


263

CONSTITUTIONAL CONVENTION.

Mr. Graham, of Talladega, offered the following amendment to Section 4, which was read at length:

Amend Section 4 by striking out the word “State” before the words “Auditor and Treasurer” wherever it occurs in the section.

The amendment was adopted.

Mr. Graham, of Talladega, offered the following amendment to Section 4, which was read at length:

Amend line 13 of Section 4 by substituting the word “any” four the word “either.”

The amendment was adopted.

Mr. Robinson offered the following amendment to Section 4, which was read at length:

Amend Section 4 by inserting after the word “Convention” in the ninth line, the following, “but said objection shall be determined without debate or delay, and the power of said Convention shall be limited by that of the Speaker.”

The amendment was adopted.

RECONSIDERATION.

Mr. Fitts moved that the vote by which the amendment offered by Mr. Robinson passed, be reconsidered.

Mr. Reese raised the point of order that under the rules the motion of Mr. Fitts should go over until tomorrow for consideration.

The point of order was sustained.

Mr. deGraffenried moved that the rules be suspended in order to immediately reconsider the vote by which the amendment was adopted.

The motion prevailed, and the rules were suspended.

Mr. Fitts moved that the vote by which the amendment offered by Mr. Robinson was adopted be reconsidered and the motion prevailed.

Mr. Rogers, of Sumter, offered the following resolution which was read at length:

Resolved, That it is the sense of this Convention that Section 4 of an ordinance “to create and define the Executive Department” is ambiguous, and that we do recommend it to said committee for revision.


264

JOURNAL OF ALABAMA

The resolution was adopted, and Section 4 of the ordinance was recommitted to the Committee on Executive Department.

SECTION FIVE.

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 under 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 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 there-after.

Was read at length.

Mr. Jones, Chairman of the committee, offered the following amendment to Section 5, which was read at length:

Amend Section 5 by adding the words “elected in the year 1902” between the words “Commissioner of Agriculture and Industries” and the word “shall” in such Section.

Mr. Walker offered the following substitute for the amendment offered by the committee, which was read at length:

Amend by adding after word 1902 in amendment the following words, “and in each fourth year thereafter.”

Mr. Lomax moved to table the substitute for the amendment offered by Mr. Walker, and the motion prevailed.

The question recurred upon the adoption of the amendment offered by the committee.


265

CONSTITUTIONAL CONVENTION.

Mr. Jones, of Montgomery, moved that the amendment be adopted, and the motion prevailed.

Mr. deGraffenried offered the following amendment to Section 5, which was read at length:

Amend Section 5 by striking therefrom all the section that succeeds the following words in line seven, viz.: “After the expiration of his term.”

Mr. Long, of Walker, offered the following substitute for the amendment offered by Mr. deGraffenried, which was read at length:

Amend Section 5 by adding the words “or appointment” after the word “election” in the sixth line.

Amend further by striking out all words after the word “term” in the seventh line.

The substitute was lost.

Mr. Greer, of Calhoun, offered the following amendment to the amendment offered by Mr. deGraffenried, which was read at length:

Amend by striking out after the word “qualified” in fifth line the balance of said section.

Mr. Boone moved to table the amendment to amendment offered by Mr. Greer, of Calhoun:

And the motion prevailed.

Mr. Browne, offered the following substitute for the amendment offered by Mr. deGraffenried, which was read at length:

Strike out all of Section 5 after the words “shall be eligible” in line 6, and insert in lieu thereof the words “to election or appointment to any office under this State within one year after the expiration of his term.

The substitute for the amendment was temporarily withdrawn.

ADJOURNMENT.

Mr. Jones, of Montgomery, moved that the Convention adjourn until 2:30 p. m. to-morrow.

The motion prevailed.

And finding the further consideration of the amendment offered by Mr. deGraffenried to Section 5 of the ordinance “To create and define the Executive Department,” the Convention adjourned until to-morrow at 2:30 p. m.