339

CONSTITUTIONAL CONVENTION.

TWENTY-FIFTH DAY.

Montgomery, Ala., Thursday, June 20, 1901.

CONVENTION HALL.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphy 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,

Craig,

Almon,

Davis (DeKalb),

Ashcraft,

Davis (Etowah),

Banks,

Dent,

Barefield,

deGraffenried,

Beavers,

Duke,

Beddow,

Eley,

Bethune,

Espy,

Blackwell,

Ferguson,

Boone,

Fitts,

Brooks,

Fletcher,

Browne,

Foshee,

Bulger,

Foster,

Burnett,

Freeman,

Byars,

Gilmore,

Cardon,

Glover,

Carmichael (Colbert),

Graham (Montgomery),

Carmichael (Coffee),

Graham (Talladega),

Carnathon,

Grant,

Case,

Grayson,

Chapman,

Greer (Calhoun),

Cobb,

Greer (Perry),

Cofer,

Haley,

Coleman (Greene),

Handley,

Coleman (Walker),

Harrison,

Cornwell,

Heflin (Chambers),


340

JOURNAL OF ALABAMA

Heflin (Randolph),

Norwood,

Henderson,

Oates,

Hinson,

O’Neal (Lauderdale),

Hodges,

O’Neill (Jefferson),

Hood,

Opp,

Howell,

O’Rear,

Howze,

Palmer,

Inge,

Parker (Cullman),

Jackson,

Parker (Elmore),

Jenkins,

Pearce,

Jones (Bibb),

Pettus,

Jones (Hale),

Phillips,

Jones (Montgomery),

Pillans,

Jones (Wilcox),

Pitts,

Kirk,

Porter

Kirkland,

Proctor,

Knight,

Reese,

Kyle,

Renfro,

Ledbetter,

Reynolds (Chilton),

Leigh,

Reynolds (Henry),

Locklin,

Robinson,

Lomax,

Rogers (Lowndes),

Long (Butler),

Rogers (Sumter),

Long (Walker),

Samford,

Lowe (Jefferson),

Sanders,

Lowe (Lawrence),

Sanford,

Macdonald,

Searcy,

McMillan (Baldwin),

Selheimer,

McMillan (Wilcox),

Sentell,

Malone,

Sloan,

Martin,

Smith (Mobile),

Maxwell,

Smith, Mac. A.,

Merrill,

Smith, Morgan AT.,

Miller (Marengo),

Sorrell,

Miller (Wilcox)

Spears,

Moody,

Spragins,

Morrisette,

Stewart,

Mulkey,

Studdard,

Murphree,

Tayloe,

NeSmith,

Thompson,

Norman,

Vaughan,


341

CONSTITUTIONAL CONVENTION.

Waddell,

Williams (Barbour),

Walker,

Williams (Marengo),

Watts,

Williams (Elmore),

Weakley,

Wilson (Clarke),

Weatherly,

Wilson (Washington).

White,

Winn-147.

Whiteside,

REPORT OF JOURNAL COMMITTEE

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

JOHN F. PROCTOR, Chairman

The report of the committee was concurred in.

RESOLUTIONS.

The following resolution was offered:

Resolution 171, by Mr. Sanders:

Resolved, That this Convention extends hearty greetings to the Alabama Press Association, now in session in Montgomery, and hereby expresses its appreciation of the efforts which the State press has constantly put forth in behalf of the Constitutional Convention in Alabama. We realize that it is through the instrumentality of the press, the county weekly and the daily, that we should be able to reach the people, and that the future political destiny of Alabama is largely in the hands of the newspapers of the State. We hereby express the hope that the labors of this Convention shall be so characterized by wisdom, and courage, as to command the unqualified endorsement and support of the press of Alabama.

Mr. Sanders moved that the rules be suspended, and that the resolution be put upon its immediate passage.

The motion prevailed.


342

JOURNAL OF ALABAMA

Mr. Burns offered the following substitute for the resolution 171, offered by Mr. Sanders:

Substitute for resolution No. 171, by Mr. Burns:

Resolved, That this Convention recognize and appreciate the ability, loyalty, and influence of the press of Alabama.

That those champions of free speech and religious liberty who may be in this city are extended the courtesies of the floor.

Mr. Greer, of Perry, moved to table the resolution 171, and the substitute offered by Mr. Burns.

The motion was lost.

Mr. Sanders moved to table the substitute offered by Mr. Burns.

The motion prevailed, and the substitute was laid upon the table.

Mr. Burnett offered the following amendment to the resolution 171:

Amend by striking out the following:

We hereby express the hope that the labors of this Convention shall be so characterized by wisdom and courage as to command the unqualified endorsement and support of the press of Alabama.

Mr. Sanders moved to table the amendment offered by Mr. Burnett.

The motion to table prevailed, and the amendment was laid upon the table, and on motion the resolution 171 was adopted.

RECONSIDERATION.

Mr. Pettus moved that the vote by which Section 20 of the ordinance “to create and define the Executive Department” was adopted be reconsidered, notice of said motion having been given on yesterday.

The motion to reconsider prevailed. Yeas. 70; nays, 63.


343

CONSTITUTIONAL CONVENTION.

YEAS.

Messrs. President,

McMillan (Wilcox),

Almon,

Miller (Marengo).

Bartlett,

Moody,

Brooks,

Murphree,

Browne,

NeSmith,

Bulger,

Oates,

Burnett,

O’Neill (Jefferson),

Burns,

Palmer,

Byars,

Parker (Cullman),

Cardon,

Parker (Elmore),

Carmichael (Coffee),

Pearce,

Carnathon,

Pettus,

Case,

Pitts,

Cornwell,

Proctor,

Davis (Etowah),

Reese,

Eley,

Renfro,

Foshee,

Reynolds (Chilton),

Foster,

Rogers (Lowndes),

Freeman,

Sanders,

Graham (Montgomery),

Searcy,

Grayson,

Sentell,

Greer (Calhoun),

Sloan,

Haley,

Smith (Mobile),

Harrison,

Sorrell,

Heflin (Chambers),

Studdard,

Heflin (Randolph),

Thompson,

Hinson,

Vaughan,

Hood,

Waddell,

Jackson,

Walker,

Jenkins,

Watts,

Knight,

Weatherly,

Kyle,

Whiteside,

Ledbetter,

Williams (Elmore),

Long (Butler),

Wilson (Clarke),

Long (Walker),

Wilson (Washington)-70.


344

JOURNAL OF ALABAMA

NAYS

Messrs. Banks,

Macdonald,

Barefield,

McMillan (Baldwin),

Beddow,

Malone,

Bethune,

Martin,

Blackwell,

Maxwell,

Chapman,

Merrill,

Cobb,

Miller (Wilcox),

Cofer,

Morrisette,

Coleman (Greene),

Mulkey,

Craig,

Norman,

Davis (DeKalb),

Norwood,

Dent,

O’Neal (Lauderdale),

deGraffenried,

Opp,

Duke,

Phillips,

Espy,

Reynolds (Henry),

Fletcher,

Robinson,

Gilmore,

Rogers (Sumter),

Glover,

Samford,

Graham (Talladega),

Sanford,

Handley,

Selheimer,

Henderson,

Smith, Mac. A.,

Hodges,

Smith, Morgan M.,

Howze,

Spears,

Inge,

Spragins,

Jones (Bibb),

Stewart,

Jones (Hale),

Tayloe,

Jones (Montgomery),

Weakley,

Jones (Wilcox),

White

Kirk,

Williams (Barbour),

Leigh,

Williams (Marengo).

Locklin,

Winn-63.

ANNOUNCEMENT OF PAIRS.

The following pairs were announced on the reconsideration of the vote by which Section 20 of the ordinance “To create and define the Executive Department” was adopted:

Messrs. Boone and Cunningham Mr. Boone would vote aye and Mr. Cunningham would vote nay.


345

CONSTITUTIONAL CONVENTION.

Messrs. Carmichael, of Colbert, and Ashcraft, Mr. Carmichael, of Colbert, would vote aye, and Mr. Ashcraft would vote nay.

Messrs. Willett and Pillans, Mr. Willett would vote aye and Mr. Pillans would vote nay.

SECTION TWENTY.

Mr. Pettus moved to table Section 20 of the ordinance “To create and define the Executive Department.”

The motion to table prevailed. Yeas, 70; nays, 65.

YEAS.

Messrs. President,

Hinson,

Almon,

Hood,

Bartlett,

Jackson,

Brooks,

Jenkins,

Browne,

Knight,

Bulger,

Kyle,

Burnett,

Ledbetter,

Burns,

Long (Butler),

Byars,

Long (Walker),

Cardon,

McMillan (Wilcox),

Carmichael (Coffee),

Martin,

Carnathon,

Miller (Marengo),

Case,

Moody

Cornwell,

NeSmith,

Davis (Etowah),

Oates,

deGraffenried,

O’Neill (Jefferson),

Eley,

O’Rear,

Foshee,

Palmer,

Foster,

Parker (Cullman),

Freeman,

Parker (Elmore),

Graham (Montgomery),

Pearce,

Grayson,

Pettus,

Greer (Calhoun),

Pillans,

Haley,

Pitts,

Harrison,

Porter,

Heflin (Chambers),

Proctor,

Heflin (Randolph),

Reese,


346

JOURNAL OF ALABAMA

Renfro,

Studdard,

Reynolds (Chilton),

Thompson,

Rogers (Lowndes),

Waddell,

Sanders,

Watts,

Searcy,

Weatherly,

Sentell,

Whiteside,

Sloan,

Wilson (Clarke).

Sorrell,

Wilson (Washington)-70.

NAYS.

Messrs. Banks,

Leigh,

Barefield,

Locklin,

Beddow,

Macdonald,

Bethune,

McMillan (Baldwin),

Blackwell,

Malone,

Chapman,

Maxwell,

Cobb,

Merrill,

Cofer,

Miller (Wilcox),

Coleman (Greene),

Morrisette,

Craig,

Mulkey,

Davis (DeKalb),

Murphree,

Dent,

Norman,

Duke,

Norwood,

Espy,

O’Neal (Lauderdale),

Fletcher,

Opp,

Gilmore,

Phillips,

Glover,

Reynolds (Henry),

Graham (Talladega),

Robinson,

Grant,

Rogers (Sumter),

Handley,

Samford,

Henderson,

Sanford,

Hodges

Selheimer,

Howell,

Smith (Mobile),

Howze,

Smith, Mac. A.,

Inge,

Smith, Morgan M.,

Jones (Bibb),

Spears,

Jones (Hale),

Stewart,

Jones (Montgomery),

Tayloe,

Jones (Wilcox),

Vaughan,

Kirk,

Walker,


347

CONSTITUTIONAL CONVENTION.

Weakley,

Williams (Marengo),

White,

Winn-65.

Williams (Barbour),

ANNOUNCEMENT OF PAIRS.

The following pair was announced on the question above set out:

Messrs. Williams, of Elmore, and Spragins, Mr. Williams, of Elmore, would vote aye, and Mr. Spragins would vote nay.

NOTICE OF RECONSIDERATION.

Mr. deGraffenried gave notice that at the proper time on to-morrow he would move a reconsideration of the vote by which Section 20 of the ordinance “To create and define the Executive Department” was laid upon the table.

REPORT OF STANDING COMMITTEES.

Mr. Fletcher, chairman of the Committee on Banks and Banking, submitted the following report, which was laid upon the table for a third reading, and 300 copies of said report were ordered printed.

REPORT OF COMMITTEE ON BANKS AND BANKING.

Mr. President:

The Committee on Banks and Banking have instructed me to make the following report, viz.:

They have examined all the ordinances and resolutions submitted to them, and without passing upon them separately, will say they have embraced the substance of some of them in the article herewith submitted.

That they have adopted the entire subdivision on Banks and Banking as it appears in Article XIV of the Constitution, with Section 8 added.

A. S. FLETCHER,

Chairman on Banks and Banking.


348

JOURNAL OF ALABAMA

ARTICLE XIV.

Sec. 1. Subdivision Banks and Banking.

The General Assembly shall not have the power to establish or incorporate any bank or banking company or money institution for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution.

Sec. 2. No bank shall be established otherwise than under a general banking law, nor otherwise than upon a specie basis.

Sec. 3. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension of any bank or banking company of specie payment.

Sec. 4. Holders of bank notes and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to the preference of payment over all other creditors.

Sec. 5. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization (unless the General Assembly shall extend the time), and promptly thereafter close its business; but shall have corporate capacity to sue, and shall be liable to suits until its affairs and liabilities are fully closed.

Sec. 6. No banks shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.

Sec. 7. The State shall not be a stockholder in any bank, nor the credit of the State ever be given, or loaned to any banking company, association or corporation.

Sec. 8. The General Assembly shall, by appropriate laws, provide for the examination by some public officer, of all banks and banking institutions and trust companies engaged in banking business in this State.

UNFINISHED BUSINESS.

The convention proceeding to the consideration of the unfinished business which was the ordinance “To


349

CONSTITUTIONAL CONVENTION.

create and define the Executive Department,” reported by the Committee on Executive Department.

The question was upon the amendment offered by Mr. Robinson to the substitute reported by the committee for Section 22 of said ordinance, as follows:

Sec. 22. To commemorate the origin of the name of the State of Alabama, the Great Seal of the State which shall be used officially by the Governor, shall consist of the figure of an Indian Chief followed by a small band of warriors who, in crossing a beautiful meadow, as he approaches the bank of a river, thrusts his spear into the earth; with the words inscribed on a scroll above his head: “Here we rest.” The said Seal shall be called the “Great Seal of the State of Alabama.”

Mr. Boone moved to table the substitute, and the amendment.

The motion to table prevailed.

Mr. Spragins offered the following substitute for Section 22, of the said ordinance:

To substitute for Section 22 the following:

Typical of the resources of the State of Alabama, the Great Seal of the State, which shall be used officially by the Governor, shall be the old seal used until 1875, with addition to indicate the mineral as well as the agricultural resources of the State, its rugged mountains, fertile plains and beautiful rivers, and that the Legislature shall name a commission to design said seal on these lines, and when approved by the Legislature, it shall be the Great Seal of the State of Alabama.

Mr. O’Neal, of Lauderdale, moved that the substitute offered by Mr. Spragins be tabled.

The motion to table prevailed.

Mr. deGraffenried moved that Section 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,” as reported by the committee, be adopted.

The motion prevailed, and Section 22, as above set out, was adopted.


350

JOURNAL OF ALABAMA

REPORT OF COMMITTEE ON EXECUTIVE DEPARTMENT.

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

Mr. President:

The Committee on Executive Department instructs me to report the following substitute for Section 4 of the ordinance “To create and define the Executive Department” and the pending amendments, to-wit:

Strike out Section 4 as it now stands, and insert in lieu thereof the following words:

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, 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. The joint convention shall supervise and control the Speaker in the discharge of this duty, and has power: First, to determine whether the returns are in legal form, made by the proper officers, and truly give the results as ascertained and declared by the Board of Supervisors in the several counties. Second, to correct such errors as may be found therein. Third, to procure proper returns, when, for any cause, returns from any county have failed to reach the Speaker. The joint convention shall have no power to question the returns as to any other matter, or in any other respect. The person found to have the highest number of votes for either of said offices shall he 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


351

CONSTITUTIONAL CONVENTION.

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.

The committee recommends the adoption of the substitute.

THOMAS G. JONES, Chairman.

Mr. President:

The Committee on Executive Department report favorably upon resolution No. 151, and direct me to report it back to the Convention, with the recommendation that it be adopted.

THOMAS G. JONES, Chairman.

The resolution was read at length as follows:

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 of Alabama 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.

Mr. Spragins moved to table the resolution 151, reported favorably by the Committee.

The motion to table was lost. Yeas, 49; nays, 87.

YEAS.

Messrs. Almon,

Cardon,

Barefield,

Carnathon,

Bartlett,

Case,

Browne,

Chapman,

Bulger,

Coleman (Greens),

Burns,

Cornwell,

Byars,

Davis (DeKalb),


352

JOURNAL OF ALABAMA

Fletcher,

NeSmith,

Foshee,

Parker (Elmore),

Freeman,

Pearce,

Glover,

Phillips,

Grayson,

Porter,

Greer (Perry),

Proctor,

Haley,

Reynolds (Chilton),

Handley,

Reynolds (Henry),

Heflin (Chambers),

Sentell,

Henderson,

Sloan,

Jenkins,

Spears,

Kirk,

Spragins,

Long (Butler),

Studdard,

Long (Walker),

Thompson,

Lowe (Lawrence),

Whiteside,

Moody,

Williams (Barbour),

Morrisette,

Williams (Elmore)-49

Murphree,

NAYS

Messrs. President,

Gilmore,

Ashcraft,

Graham (Montgomery),

Banks,

Graham (Talladega),

Beavers,

Grant,

Beddow,

Harrison,

Bethune,

Heflin,(Randolph),

Blackwell,

Hinson,

Boone,

Hood,

Brooks,

Howell,

Burnett,

Howze,

Cobb,

Inge,

Cofer

Jackson,

Craig,

Jones (Bibb),

Davis (Etowah),

Jones (Montgomery),

Dent,

Jones (Wilcox),

deGraffenried

Knight,

Duke,

Kyle,

Eley,

Ledbetter,

Espy,

Leigh,

Fitts,

Lock1in,

Foster,

Lomax,


353

CONSTITUTIONAL CONVENTION.

Lowe (Jefferson),

Robinson,

Macdonald,

Rogers (Lowndes),

McMillan (Baldwin),

Rogers, (Sumter),

McMillan (Wilcox),

Samford,

Malone,

Sanders,

Martin,

Sanford,

Maxwell,

Searcy,

Merrill,

Selheimer,

Miller (.Marengo),

Smith (Mobile),

Miller (Wilcox),

Smith, Mac. A.,

Mulkey,

Smith, Morgan M.,

Norman,

Sorrell,

Norwood,

Tayloe,

Oates,

Vaughan,

O'Neal (Lauderdale),

Waddell,

Opp,

Walker,

Palmer,

Watts,

Parker (Cullman),

White,

Pettus,

Williams (Marengo),

Pillans,

Wilson (Clarke),

Pitts,

Wilson (Washington),

Reese,

Winn-87.

Renfro,

Mr. Coleman, of Greene, offered the following amendment to the resolution:

By Mr. Coleman, of Greene:

Moved to amend the resolution by striking out the words at the end of the resolution "if it can be done without an increase of taxation" and the substitution therefore the following words: “If in the discretion of the Legislature it is for the best interest of the State of Alabama.”

Mr. Beddow moved to table the amendment offered by Mr. Coleman, of Greene.

The motion to table was lost. Yeas, 70; nays, 71.

YEAS.

Messrs. President,

Bethune,

Banks,

Boone,

Beddow,

Brooks,

                                                                                   


354

JOURNAL OF ALABAMA.

Burnett,

Macdonald,

Cobb,

McMillan (Baldwin),

Craig,

McMillan (Wilcox),

Dent,

Malone,

deGraffenried,

Maxwell,

Duke,

Merrill,

Eley,

Miller (Wilcox),

Espy,

Mulkey,

Ferguson,

Norman,

Fitts,

Norwood,

Foster,

Oates,

Gilmore,

O’Neal (Lauderdale),

Graham (Montgomery),

O’Neill (Jefferson),

Graham (Talladega).

Parker (Cullman),

Grant,

Pitts,

Heflin (Chambers),

Proctor,

Heflin (Randolph),

Reese,

Hinson,

Robinson.,

Hood,

Rogers (Lowndes),

Howell,

Samford,

Howze,

Sanders,

Inge,

Sanford,

Jones (Bibb),

Selheimer,

Jones (Hale),

Smith (Mobile),

Jones (Montgomery),

Smith, Morgan AT.,

Jones (Wilcox),

Tayloe,

Kyle,

Waddell,

Ledbetter,

Walker,

Leigh,

Watts,

Locklin,

White,

Lomax,

Wilson (Clarke),

Lowe (Jefferson),

Wilson (Washington)-70

NAYS.

Messrs. Almon,

Browne,

Ashcraft,

Bulger

Barefield,

Burns,

Bartlett,

Byars,

Beavers,

Cardon,

Blackwell,

Carnathon,


355

CONSTITUTIONAL CONVENTION.

Case,

Opp,

Chapman,

O’Rear,

Cofer,

Palmer,

Coleman (Greene),

Parker (Elmore),

Cornwell,

Pearce,

Davis (DeKalb),

Pettus,

Davis (Etowah),

Phillips,

Fletcher,

Pillans,

Foshee,

Porter,

Freeman,

Renfro,

Glover,

Reynolds (Chilton),

Grayson,

Reynolds (Henry),

Greer (Calhoun),

Rogers (Sumter),

Haley,

Searcy,

Handley,

Sentell,

Harrison,

Sloan,

Henderson,

Smith, Mac. A.,

Hodges,

Sorrell,

Jackson,

Spears,

Jenkins,

Spragins,

Kirk,

Stewart,

Knight,

Studdard,

Long (Butler),

Thompson,

Long (Walker),

Vaughan,

Lowe (Jefferson),

Whiteside,

Martin,

Williams (Barbour),

Miller (Marengo),

Williams Marengo

Moody,

Williams (Elmore),

Murphree,

Winn-71.

NeSmith,

ADJOURNMENT.

Pending the further consideration of the amendment offered by Mr. Coleman, of Greene, the hour of 1 o’clock p. m. having arrived, the Convention, under the rules, adjourned to meet at 10 o’clock on to-morrow.