__________

TWENTY‑FIRST DAY.

CONVENTION HALL.

Montgomery, Ala., Saturday, June15, 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 constitute a quorum:

Messrs. President,

Beavers,

Almon,

Beddow,

Altman,

Bethune,

Banks,

Blackwell,

Barefield,

Boone,

Bartlett,

Brooks,


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Browne,

Inge,

Burns,

Jackson,

Byars,

Jenkins,

Carnathon,

Jones (Bibb),

Case,

Jones (Hale),

Chapman,

Jones (Montgomery),

Cobb,

Knight,

Cofer,

Ledbetter,

Coleman (Greens),

Leigh,

Cornwell,

Locklin,

Craig,

Lomax,

Cunningham

Long (Walker),

Davis (DeKalb),

Lowe (Jefferson),

Davis (Etowah),

Macdonald,

Dent,

Martin,

deGraffenried,

Maxwell,

Duke,

Merrill,

Eley,

Morrisette,

Eyster,

Mulkey,

Ferguson,

Murphree,

Fitts,

NeSmith,

Fletcher,

Norman,

Foshee,

Oates,

Foster,

O’Neal (Lauderdale),

Freeman,

O’Neill (Jefferson),

Gilmore,

Opp,

Glover,

Palmer,

Graham (Montgomery),

Parker (Cullman),

Graham (Talladega),

Parker (Elmore),

Grant,

Pearce,

Greer (Calhoun),

Pettus,

Greer (Perry),

Pillans,

Handley,

Pitts,

Harrison,

Porter,

Heflin, (Chambers),

Proctor,

Heflin (Randolph),

Renfro,

Henderson,

Reynolds (Chilton),

Hinson,

Rogers (Lowndes),

Hodges,

Rogers (Sumter),

Hood,

Samford,

Howze,

Sanders,


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Sanford,

Tayloe,

Searcy,

Vaughan,

Selheimer,

Waddell,

Sentell,

Walker,

Sloan,

Watts,

Smith (Mobile),

Weatherly,

Smith, Mac. A.,

White,

Smith, Morgan M.,

Whiteside,

Sorrell,

Williams (Barbour),

Spears,

Wilson (Clarke),

Spragins,

Wilson (Clarke),

Stewart,

Winn-121.

Studdard,

LEAVES OF ABSENCE.

Was granted to Messrs. Miller, of Marengo, for to-day and Monday; Parker, of Elmore for Monday; O’Rear until Monday; Kirk for yesterday and to-day; Malone for to-day; Carmichael of Colbert, for to-day; Lowe, of Lawrence, for to-day; Thompson for to-day; Jones, of Wilcox, for to-day; Ashcraft for to-day; Howell for to-day; Miller, of Wilcox, for to-day; Burnett for to-day; Reese for to-day; Foshee for to-day; Kirkland for to-day.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on 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 twentieth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR. Chairman.

QUESTION OF PRIVILEGE.

Mr. Long, of Walker, arose to a question of personal privilege and proceeded to state his question of privilege.


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CONSTITUTIONAL CONVENTION.

Mr. Pettus raised the point of order that the remarks of Mr. Long, of Walker, did not cover a question of privilege.

The point of order was sustained.

Mr. Long, of Walker, appealed from the decision of the Chair.

The Chair was sustained.

PRIVILEGES OF THE FLOOR.

On motion of Mr. Hinson the privileges of the floor were extended to Hon. R. H. Clarke, of Mobile.

UNFINISHED BUSINESS.

Mr. Pettus moved that the rules be suspended and that the Convention proceed to the consideration of the unfinished business which was the report of the Committee on Executive Department.

The motion was lost.

ORDINANCES ON FIRST READING.

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

Ordinance 372, by Mr. Rogers, of Sumter:

Relates to the duty and the powers of the Joint Convention and the Speaker of the House in canvassing the returns of the State elections.

The ordinance was referred to the Committee on Executive Department.

Ordinance 373, by Mr. Cofer:

To be entitled an ordinance to define in part the duties of Lieutenant Governor of the State, as provided for by this Convention.

The ordinance was referred to the Committee on Executive Department.

Ordinance 374, by Mr. Craig:

To amend Section 1 of Article VIII of the Constitution of Alabama.


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

Ordinance 375, by Mr. Greer, of Perry:

To provide for the filling of vacancies in certain offices in the several counties of the State.

The ordinance was referred to the Committee on Judiciary.

Ordinance 376, by Mr. Hinson:

An ordinance to establish an inferior court in cities of five thousand inhabitants or more, and to abolish the office of Justice of the Peace in such cities.

The ordinance was referred to the Committee on Judiciary.

RESOLUTIONS ON FIRST READING.

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

Resolution 1462, by Mr. deGraffenried:

Resolved, that after next Monday this Convention shall meet regularly each day at 10 o’clock in the morning and shall remain in session from that time until 1 o’clock p. m., when a recess shall be taken to 3 p. m., and the Convention shall remain in session until 5 p. m., when the Convention shall stand adjourned until 10 o’clock a. m. of the succeeding day.

The resolution was referred to the Committee on Rules.

Resolution 147, by Mr. Long, of Walker:

Whereas, There appears in The Montgomery Advertiser of this State an editorial reflecting upon the honesty of purpose of a majority of this Convention;

Therefore, be it resolved, that this Convention hereby condemns said editorial as unjust and unwarranted coming, as it does, from a Democratic newspaper that prints subsidized seventy dollars per day resolutions of the proceedings of this Convention.

Mr. Long, of Walker, moved that the rules be suspended, and the motion prevailed.


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Mr. Watts moved to table the resolution; the motion prevailed, and the resolution was tabled.

Resolution 148, by Mr. Harrison:

Resolved, that when this Convention adjourns to-day it adjourn to meet at 12 o’clock m. on Monday.

The rules were suspended, and the resolution was adopted.

Resolution 149, by Mr. Eyster:

Resolved, That the courtesies and privileges of the floor of the Convention be extended to Hon. William D. Jelks, Governor of Alabama; Charles E. Waller and E. M. Robinson.

The rules were suspended and the resolution was adopted.

Resolution 150, by Mr. Browne:

Resolved, That the report of the Committee on Taxation be set for the special order of this Convention, to be taken up and considered by sections, immediately after the conclusion of the existing special orders.

The resolution was referred to the Committee on Rules.

Mr. Browne moved that the rules be suspended and the resolution be adopted, the motion was lost, and the resolution was referred to the Committee on Rules.

Resolution 151, by Mr. O’Neal, of Lauderdale:

Resolved, by the people of Alabama, in Convention Assembled, That it is the sense of this Convention that the General Assembly should, at its first meeting after the ratification of this Constitution, fix the salary of the Governor of Alabama at five thousand dollars per annum; provided, the same can be done without an increase of taxation in this State.

The resolution was referred to the Committee on Executive Department.

Resolution 152, by Mr. Jones, of Montgomery:

Resolved, That hereafter there shall be no call for introduction of resolutions or ordinances; but any member desiring to introduce a resolution or ordinance shall send it to the clerk’s desk at any time, and the President, at such time during the day as he may deem proper, shall have such ordinance or resolution read and referred to the appropriate committee.


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The resolution was referred to the Committee on Rules.

RECOMMITTAL OF ORDINANCE.

Mr. Smith, of Mobile, chairman of the Committee on Judiciary, returned to the Convention ordinance 240:

“To dispense with the necessity of indictment in certain felony cases.”

And requested that the same be referred to the Committee on Preamble and Declaration of Rights. The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Mr. Foster, chairman of the Committee on Amending the Constitution and Miscellaneous Provisions, returned to the Convention ordinance 304:

“To regulate primary elections in the State of Alabama,”

And requested that the same be referred to the Committee on Suffrage and Elections.

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

UNFINISHED BUSINESS.

The Convention then proceeded to the consideration of the unfinished business, which was the report of the Committee on Executive Department, which was an ordinance “to create and define the Executive Department.”

The question being upon the adoption of Section 9, which was read at length:

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


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who makes a willfully false report, or fails without sufficient excuse to make such report when demanded, is guilty of an impeachable offense.

Mr. Walker offered the following amendment, which was read one time at length:

Amend by striking out the words “such report when demanded,” on line seven, and insert in their stead the words “the required report on demand.”

Mr. Hinson moved to table the amendment offered by Mr. Walker; the motion of Mr. Hinson was lost, and the amendment of Mr. Walker was adopted.

Section 9, as amended, was thereupon adopted.

SECTION TEN.

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 diseases, he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.

Was read at length.

Mr. Sanford offered the following amendment to Section 10, which was read at length:

Amend Section 10 by adding at the end of the fifth line the words “and the General Assembly shall at that time consider no other subject.”

The amendment was lost.

Mr. Maxwell offered the following amendment to Section 10, which was read at length:

Amend Section 10 of Article V by inserting in line four the word “and” after the word “diseases.”

The amendment of Mr. Maxwell was adopted.

Mr. Fitts moved that Section 10, as amended, be adopted as a whole, and the motion of Mr. Fitts prevailed.


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SECTION ELEVEN.

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

Was read at length and adopted.

SECTION TWELVE.

See. 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 crimen falsi shall


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not relieve from civil and political disabilities, unless specifically expressed in the pardon.

Was read at length.

Mr. Walker offered the following amendment to Section 12, which was read at length:

Amend by striking out the words “crimen falsi” in line 14, and insert in their stead the words “involving moral turpitude.”

The amendment was accepted by the chairman of the Committee on Executive Department, and was thereupon adopted.

Mr. Pettus offered the following amendment to Section 12, which was read at length:

Amend by striking out the words “Attorney General” in the third line of said section, and inserting in lieu thereof the words “Treasurer.”

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

Mr. Jones, of Montgomery, offered the following amendment which was read at length:

Amend Section 12, line six, by adding after the word “felony” in line six, the words “except in cases of impeachment.”

And the amendment was adopted.

Mr. Smith of Mobile, offered the following amendment, which was read at length:

To amend Section 12 by inserting in the ninth line after the word “interest” the following: “Provided, the Governor shall have power to suspend the execution of any sentence until the Board of Pardons shall have acted.”

Mr. Boone moved to table the amendment offered by Mr. Smith, of Mobile, and the motion to table prevailed.

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

Amend Section 12 by adding the words at the end of section “and approved by the Board of Pardon.”

And the amendment was adopted.

Mr. Lomax offered the following amendment, which was read at length:


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Amend by inserting in line ten, before the word “reprieve,” the words “the remission of fines and forfeitures.”

And the amendment was adopted.

Mr. Fitts moved that Section 12, as amended, be adopted.

The motion of Mr. Fitts prevailed, and Section 12, as amended, was thereupon adopted as a whole.

SECTION THIRTEEN.

Sec. 13. Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approves, 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 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 ex-


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cepted, 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 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.

Mr. Jones, chairman of the Committee on Executive Department, submitted the following amendment for the committee, which was read at length:

Amend Section 13 by striking out the words “or recess” and by adding after the words “in which cases it shall not be a law,” the following words, “but when return is prevented by a recess, such bill must be returned to the House in which it originated, within two days after reassembling, otherwise it shall become a law.”

And the amendment was adopted.

Mr. Heflin, of Chambers, offered the following amendment which was read at length:

Amend Section 13 by striking out the words (beginning in line 21) “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 and deposited with the Secretary of State within that time.”

Mr. Fitts moved to table the amendment offered by Mr. Heflin, of Chambers, and the motion to table prevailed.

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


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Amend Section 13 by adding; after the words “to reconsider it,” in the forth line, the following: “If the Governor’s message proposes no amendment which would remove his objection to the bill, the House in which the bill originated may proceed to reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the bill shall be sent to the other House which shall, in like manner, reconsider, and if a majority of the whole number elected to that House vote on the passage of the bill, the same shall become a law, notwithstanding the Governor’s veto.”

Mr. Lowe, of Jefferson, moved to recommit Section 13 and amendments thereto to the Committee on Executive Department with the request that certain parts of said section be eliminated.

ADJOURNMENT.

Pending the further consideration of the motion of Mr. Lowe, the Convention adjourned to meet at 12 o’clock on Monday.