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TWENTY-SECOND DAY.

CONVENTION HALL.

Montgomery Ala., Monday, June 17, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphree 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:


295

CONSTITUTIONAL CONVENTION.

Messrs. President,

Grayson,

Almon,

Handley,

Altman,

Harrison,

Ashcraft,

Heflin (Chambers),

Banks,

Heflin (Randolph),

Barefield,

Hinson,

Bartlett,

Howell,

Beavers,

Howze,

Beddow,

Inge,

Bethune,

Jenkins,

Blackwell,

Jones (Bibb),

Brooks,

Jones (Hale),

Bulger,

Jones (Montgomery),

Burnett,

Kirk,

Burns,

Kirkland,

Byars,

Knight,

Cardon,

Kyle,

Carmichael (Colbert),

Ledbetter,

Case,

Leigh,

Chapman,

Locklin,

Cobb,

Lomax,

Cofer,

Long (Butler),

Coleman (Greene),

Long (Walker),

Craig,

Lowe (Jefferson),

Davis (DeKalb),

Lowe (Lawrence),

Dent,

Macdonald,

deGraffenried,

McMillan (Baldwin),

Duke,

Malone,

Eley,

Martin,

Eyster,

Maxwell,

Espy,

Merrill,

Ferguson,

Miller (Wilcox),

Fitts

Morrisette,

Fletcher,

Mulkey,

Foster,

Murphree,

Foshee,

NeSmith

Freeman,

Norman,

Gilmore,

Norwood,

Glover,

Oates,

Graham (Montgomery),

O’Neal (Lauderdale),

Graham (Talladega).

O’Rear,

Grant,

Palmer,



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JOURNAL OF ALABAMA

Parker (Cullman),

Sorrell,

Pettus,

Spears,

Phillips,

Spragins,

Pillans,

Stewart,

Porter,

Studdard,

Proctor,

Tayloe,

Reese,

Thompson,

Reynolds (Chilton),

Vaughan,

Reynolds (Henry),

Walker,

Robinson,

Watts,

Rogers (Lowndes),

Weakley,

Rogers (Sumter),

Weatherly,

Samford,

Willett,

Sanders,

Williams (Barbour),

Sanford,

Williams (Elmore),

Sentell,

Wilson (Clarke),

Sloan,

Wilson (Washington).

Smith (Mobile),

Winn-121.

Smith, Mac. A.,

LEAVES OF ABSENCE.

Was granted to Messrs. Searcy for to-day; Fitts for to-day, to-morrow and Wednesday; M. M. Smith for to-day; Hodges for to-day; Sollie for to-day and to-morrow; Frank N. Julian for to-day and to-morrow; Jackson for to-day and to-morrow; Boone for to-day; Greer Calhoun for to-day; Whiteside for to-day; Eyster for to-day, Tuesday and Wednesday; Henderson for to-day; Greer of Perry for to-day; White for to-day; Waddell for to-day; Davis of Etowah for to-day; Hood for to-day; Coleman of Walker, for Saturday and to-day; Cardon for to-day; Moody for to-day.

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 twenty-first day of the Convention and that the same is correct.

Respectfully submitted.

JOHN F. PROCTOR, Chairman.


297

CONSTITUTIONAL CONVENTION.

Mr. Beddow asked unanimous consent to be allowed to introduce a resolution, which reads as follows:

Resolution 153, by Mr. Beddow:

Whereas, This Convention has now been in session twenty-one working days, and

Whereas, Not a single article of the proposed new Constitution has yet been adopted; and

Whereas, At the present rate of progress it will take some months to revise the Constitution, and

Whereas, This body will thereby subject itself to the unjust criticism that members are causing delay at the expense of the taxpayers of this State;

Therefore, Be it Resolved, That it is the sense of this Convention, that notwithstanding the length of time consumed by this Convention in so revising the said Constitution, that no per diem be allowed any member in excess of fifty days.

Mr. Beddow moved the suspension of the rules in order that the resolution might be placed upon its immediate passage. The motion was lost, and the resolution was referred to the Committee on Rules.

QUESTION OF PERSONAL PRIVILEGE.

Mr. Long, of Walker, arose to a question of personal privilege growing out of a recent editorial in The Montgomery Advertiser.

Mr. Long, of Walker, offered the following resolution, which was read at length:

Resolution 154, by Mr. Long, of Walker:

Whereas, There appears in The Montgomery Advertiser of the 15th inst. an editorial under the caption of “A Discouraging Vote,” reflecting seriously upon the honesty of a two-thirds majority of this Convention;

Therefore, Be it resolved, That the said editorial is hereby condemned as unwise and unwarranted.

Mr. Long, of Walker, moved the suspension of the rules in order that the resolution might be placed upon its immediate passage. The motion was lost and the resolution was referred to the Committee on Rules.



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JOURNAL OF ALABAMA

ORDINANCES ON FIRST READING.

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

Ordinance 377, by Mr. O’Neal, of Lauderdale:

To amend Section 21 of Article IV of the Constitution of Alabama:

The ordinance was referred to the Committee on Legislative Department.

Ordinance 378, by Mr. Oates:

Prescribing the number of Grand Jurors, and for the suppression of crime.

The ordinance was referred to the Committee on Judiciary.

Ordinance 379, by Mr. deGraffenried:

To amend Section 7 of Article I of the Constitution of the State of Alabama.

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

Ordinance 380, by Mr. Kyle:

To amend Section 14 of the Constitution on Banks and Banking.

SUSPENSION OF THE RULES.

Mr. Morrisette moved the suspension of the Rules, which motion prevailed, and then moved that the privileges of the floor be extended to the ministers of the city who so kindly opened the exercises of the Convention with prayer.

Mr. Pettus moved to amend the motion of Mr. Morrisette by adding the name of Judge J. J. Arnold, a distinguished member of the Legislature.

The amendment was accepted, and the motion, as amended, was adopted.


299

CONSTITUTIONAL CONVENTION.

Mr. Blackwell introduced, by unanimous consent, the following petition, which was read at length and referred to the Committee on Taxation:

Petition No. 1:

STATE OF ALABAMA,

Morgan County,

Court of County Commissioners,

Decatur, Ala., June 15, 1901.

To the Honorable Constitutional Convention, Montgomery, Ala.:

The undersigned Commissioners’ Court of Morgan County, Alabama, respectfully ask and request your honorable body not to reduce the present rate of one-half of 1 per cent allowed for special taxes, and we respectfully ask that the Commissioners’ Court be allowed this special tax for the building and repairing the court houses, jails and public bridges and public roads of the

several counties in this State.

The people of our county are not asking any reduction in this special rate of taxation, but on the contrary, are clamoring for the privilege of paying a special tax for the improvement of our public roads.

Our county is traversed by many streams which require bridges to accommodate the traveling public. One-fourth of one per cent will not permit us to keep these bridges and our court house and jail in proper repair.

We therefore ask and urge that you allow the present rate of one-half of one per cent of taxation for these special purposes to remain as it is, with the words “public roads” added thereto.

Very respectfully,

WM. E. SKEGGS,

A. F. MURRAY,

S. P. LOVELADY,

M. W. RATLIFF,

S. R. GARRISON.


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JOURNAL OF ALABAMA

REPORT OF COMMITTEE ON RULES.

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

Resolution 150, with a favorable report:

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

Resolution 155, with favorable report:

Resolved, That rule eleven be amended so as to read as follows:

When any delegate is about to speak or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to the President; provided, that while the report of any committee is under consideration, the members of the committee may exchange seats with other members of the Convention.

Each of the foregoing resolutions was read at length.

Mr. Smith moved that the rules he suspended and the resolutions be adopted, and the motion prevailed, and the resolutions were adopted.

Mr. Smith, of Mobile, acting chairman on behalf of the Committee on Rules, submitted the following substitute for resolution 146, which was read at length:

The substitute reads as follows:

Resolved, That after the passage of this resolution this Convention shall meet regularly each day at 10 o’clock in the morning, and shall remain in session from that time to l 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 l0 o’clock a. m. of the succeeding day.

Mr. Smith of Mobile moved that the resolution and substitute be laid upon the table until next Thursday, and from day to day thereafter, until called up for action by the Convention, and the motion prevailed.


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CONSTITUTIONAL CONVENTION.

Mr. Dent asked unanimous consent to introduce a resolution. Consent was given, and the resolution was read at length:

Resolution 156, by Mr. Dent:

That when this Convention adjourn, it adjourn to meet again at 3 o’clock p. m. to-day.

Mr. Dent moved that the rules be suspended and the resolution be placed upon its immediate passage. The motion was lost, and the resolution was referred to the Committee on Rules.

Mr. O’ Neil, of Lauderdale, asked unanimous consent to introduce the resolution, which was read at length.

Resolution 157, by Mr. O’Neal, of Lauderdale:

Resolved, That on account of the limited capacity of the Convention Hall, hereafter the privileges of the floor shall not be extended to any person except by unanimous vote of the Convention.

Mr. Samford moved that the rules be suspended and the resolution be adopted, and the motion of Mr. Samford prevailed, and the resolution was adopted.

Mr. Graham, of Talladega, was given unanimous consent to introduce the resolution 158, which was read at length.

Resolution 158, by Mr. Graham, of Talladega:

Resolved, That the thanks of this Convention are hereby tendered to the Western Railway of Alabama for courtesies recently extended on the occasion of the funeral of Gov. W. J. Samford, to members of this Convention through Gen. George P. Harrison; also to Superintendent J. C. Clarke of the Mobile & Ohio Railroad for courtesies recently extended to a special committee of this Convention.

Mr. Graham, of Talladega, moved that the rules be suspended and the resolution be placed upon its immediate passage.

The motion prevailed, and the resolution was adopted.

Mr. Willett moved to adjourn, but withdrew the motion in order that Mr. Jones, of Montgomery, might state a question of:



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JOURNAL OF ALABAMA

PERSONAL PRIVILEGE.

Mr. Jones, of Montgomery, denied the authorship of a recent editorial in The Montgomery Advertiser, in which there were expressions complimentary to him. He stated further that he had not seen or heard of the editorial in question until he found the same in print upon his desk in the hall of the Convention.

Mr. Willett renewed his motion to adjourn, but the Convention refused to adjourn, and proceeded to the consideration of the:

UNFINISHED BUSINESS.

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

The question being upon the motion of Mr. Lowe, of Jefferson, to recommit, with certain recommendations to the Committee on Executive Department Section 13 of the amendments thereto.

Mr. deGraffenried was given unanimous consent to introduce the following amendment, which was read at length:

Strike from the section all that precedes the words “if any bill” in the eighteenth line thereof, and in lieu thereof insert the following: “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 to that House in which it shall have originated, who shall enter the objections at large upon the Journal; and the House to which the bill shall be returned shall proceed to reconsider it; if after such reconsideration, a majority of the whole number elected to that House shall vote for the passage of such bill, it shall be sent, with the objections, to the other House, by which it shall likewise be reconsidered; if approved by a majority of the whole number elected to that House, it shall become a law, but in such cases the votes 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.”


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CONSTITUTIONAL CONVENTION.

ADJOURNMENT.

Pending the further consideration of the motion of Mr. Lowe, of Jefferson, the hour of 1 o’clock p. m. arrived under tile rules the Convention stood adjourned until 10 o’clock tomorrow morning.