377

CONSTITUTIONAL CONVENTION.

TWENTY-SEVENTH DAY.

CONVENTION HALL.

Montgomery, Ala., June 22, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphey 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,

Espy,

Ashcraft,

Ferguson,

Banks,

Fitts,

Barefield,

Foshee,

Bartlett,

Foster,

Beavers,

Freeman,

Beddow,

Gilmore,

Bethune,

Graham (Montgomery),

Blackwell,

Graham (Talladega),

Boone,

Grant,

Brooks,

Grayson,

Burns,

Haley,

Byars,

Greer (Perry),

Cardon,

Handley,

Carnathon,

Harrison,

Case,

Heflin (Chambers),

Chapman,

Henderson,

Cobb,

Hinson,

Cofer,

Hodges,

Cornwell,

Hood,

Cunningham,

Howell,

Davis (DeKalb)

Howze,

Dent,

Jackson,

deGraffenried,

Jenkins,

Duke,

Jones (Hale),

Eley,

Jones (Montgomery),

Eyster,

Jones (Wilcox),


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Kirk,

Reynolds (Chilton),

Knight,

Reynolds (Henry),

Kyle,

Robinson,

Ledbetter,

Rogers (Lowndes),

Leigh,

Rogers (Sumter),

Locklin,

Samford,

Lomax,

Sanders,

Lowe (Jefferson),

Sanford,

Lowe (Lawrence),

Searcy,

Macdonald,

Selheimer,

McMillan (Baldwin),

Sentell,

McMillan (Wilcox),

Sloan,

Malone,

Smith (Mobile),

Martin,

Smith, Mac. A.,

Maxwell,

Smith, Morgan M.,

Merrill,

Sollie,

Miller (Wilcox),

Sorrell,

Moody,

Spears,

Morrisette,

Spragins,

Mulkey,

Studdard,

Murphree,

Tayloe,

NeSmith,

Walker,

Norman,

Walker,

Oates,

Watts,

O’Neal (Lauderdale,

Weakley,

O’Neill (Jefferson),

Weatherly,

Opp,

White,

Parker (Elmore),

Whiteside,

Pearce,

Willett,

Pettus,

Williams (Barbour),

Phillips,

Williams (Marengo),

Pillans,

Williams (Elmore),

Pitts,

Wilson (Clarke),

Porter,

Wilson (Washington)-121

LEAVE OF ABSENCE

Was granted to Messrs. Coleman, of Greene, for to-day and Monday; Eley for Monday, Tuesday and Wednesday; Fletcher for today and Monday; Renfroe


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CONSTITUTIONAL CONVENTION.

for to-day and Monday; Bulger for to-day; Parker, of Cullman, for to-day; Howze for to-day; Long, of Walker, for to-day; O’Rear for to-day and Monday; Weatherly for yesterday; Carmichael, of Colbert, for to-day; Vaughan for to-day; Reese for to-day; Spragins for to-day; Kirkland for yesterday, to-day and Monday; Sollie for last Wednesday, Thursday and Friday; Proctor for to-day and Monday; Ledbetter for June 24 and 25; Opp for this afternoon.

REPORT OF COMMITTEE ON JOURNAL.

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

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

Resolution 146:

Mr. Smith, of Mobile, acting chairman of the Committee on Rules, called up resolution 146, reported favorably by the Committee on Rules, by way of a substitute:

Substitute for resolution 146: 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 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, and moved that the same be adopted.

The motion prevailed, and the resolution 146 was adopted.

RECOMMITTAL OF ORDINANCE.

Mr. Harrison, chairman of the Committee on Cor-


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JOURNAL OF ALABAMA

porations, returned to the Convention ordinance 352.

Ordinance 352:

For the protection of local building and loan associations from excessive taxation, and requested that the ordinance 352 be referred to the Committee on Taxation.

The ordinance was referred to the Committee on Taxation.

RESOLUTIONS.

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

Resolution 177, by Mr. Burns:

Whereas, But twenty-five more working days are allotted by the enabling act; which, counting six hours per day (being more than double the number of hours already utilized) would give to each member less than one hour.

Be it resolved, That the time occupied on this floor by each delegate be recorded, and that no delegate, who is not chairman of some committee or to whim the time of some other delegate has not been yielded, shall consume more than his pro rata share, except by leave of the Convention.

The resolution was referred to the Committee on Rules.

Resolution 178, by Mr. Reynolds, of Chilton:

Whereas, This Convention was called chiefly for the purpose of regulating the suffrage; and

Whereas, This Convention has previously pledged itself to be bound by the enabling act of the General Assembly, and

Whereas, One-half the time limit of said enabling act has already expired, and it would be unwise to rush through a suffrage plan;

Be it resolved by the Convention assembled, That the Suffrage Committee be and is hereby instructed to make a report not later than Monday next.


381

CONSTITUTIONAL CONVENTION.

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

Resolution 179, by Mr. Grayson:

Resolved, That the daily sessions of this Convention shall begin at 10 a. m. and adjourn at 2 p. m.

The resolution was referred to the Committee on Rules.

Resolution 180, by Mr. Graham, of Talladega:

Resolved, That it is the sense of this Convention that the substance of the resolution hereto attached be incorporated in the article heretofore reported on the subject of taxation.

Resolution adopted by the State Association of County Superintendents of Education, and approved by the Alabama Educational Association June 20th, 1901.

Whereas, There is a crying need for better school houses in the rural districts of Alabama, we, the County Superintendents of Education, in association assembled in Montgomery, hereby petition the Committee on Taxation and Education in the Constitutional Convention now assembled, to recommend that public school houses be declared public buildings in making provision in the Constitution for a special county tax for the erection of court houses, bridges and other public buildings of the county, and that such aid may be given by the county to the building of public school houses in the county as the Commissioners’ Courts or Boards of Revenue in the several counties may deem practicable.

W. S. NEAL, Acting President.

L. V. ROSSER, Secretary.

The resolution was referred to the Committee on Taxation.

Resolution 181, by Mr. Parker, of Elmore:

Resolved, That a committee be appointed by the President of this Convention, to consist of the President, the three other delegates from the State at large, and one from each Congressional district, to prepare a memorial to the Congress of the United States on the repeal of the Fifteenth Amendment of the Federal Constitution, said


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JOURNAL OF ALABAMA

committee to report ad libitem during the session of this Convention.

The resolution was referred to the Committee on Rules.

Resolution 182, by Mr. O’Neal, of Lauderdale:

Resolved, That the report of the Committee on Local Legislation be made the special order for consideration immediately after the conclusion of the consideration of the report of the Committee on Preamble and Declaration of Rights to the Constitution; that the Committee on Legislative Department submits supplement report on same subject to be considered at same time.

Mr. O’Neal moved that the rules be suspended and that the resolution be adopted.

The motion prevailed, and the rules were suspended and the resolution adopted.

Resolution 183, by Mr. Carnathon:

Resolved by the people of Alabama, in Convention assembled, That hereafter no member shall speak longer than ten minutes, and more than twice on the same subject.

The resolution was referred to the Committee on Rules.

Resolution 184, by Mr. Cunningham:

Resolved, That after Tuesday next no per diem will be allowed to delegates to this Convention who are absent, except those granted leave of absence on account of sickness.

The resolution was referred to the Committee on Rules.

REPORT OF STANDING COMMITTEES.

Mr. O’Neal, chairman of the Committee on Local Legislation, submitted the following report:

REPORT OF THE COMMITTEE ON LOCAL LEGISLATION.

Mr. President:

The Committee on Local Legislation instructs me to report herewith an ordinance to be made an article on that subject.


383

CONSTITUTIONAL CONVENTION.

The evil of local legislation has long been recognized not only in Alabama, but in many other States of the Union. A number of recent State Constitutions have endeavored to check this tendency on the part of the Legislative Department by absolute prohibition of local or special laws in certain enumerated cases. This method of enumerating the subjects as to which the Legislature is prohibited from passing local, special or private laws, seems to be the only feasible plan of accomplishing the result, and has received the approval of the following States: California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana , Nevada, New Jersey, New York, South Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Texas, Washington, West Virginia, Wisconsin, and Wyoming. The reason why the other States have not sought to check this evil by similar constitutional limitations on the power of the Legislature, is no doubt due to the fact that they have not framed new Constitutions since the danger from this class of legislation has, become so patent, and its rapid and ever increasing growth so alarming. The Constitutional Convention of 1875 endeavored by what were then regarded as stringent provisions to prevent the growth of such legislation in Alabama, but that their efforts failed is made evident by the ever increasing flood of local and special laws which fill volumes containing the acts of the General Assembly. In recent years the number of local laws enacted have outnumbered the general laws in the proportion of about twenty to one. The books containing the general laws of the last two sessions of the General Assembly are less than the size of the old blue back Webster spelling book, while the volumes containing the local laws of those sessions are nearly ten times the size.

These local, special or private bills which we have sought to prohibit and regulate, destroy the harmony of the law, consume the time of the Legislature, and in some States have been the fertile source of jobbery. In the enumeration of subjects concerning which it is pro-


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JOURNAL OF ALABAMA

posed the General Assembly shall not legislate by special, private or local law, we have endeavored to include those matters which seem to have consumed most of the time of the Legislature and occupied most of the space in the published acts. The requirements that the notice of intention to introduce a special, private or local law, shall be affirmatively shown by the Journal of each House, and that the courts and not the General Assembly shall be the judges of whether the subject of any local law is provided for by any general law and whether the relief sought can be granted by any court, will in the opinion of the committee, very materially aid in preventing local legislation.

We have also provided for the repeal of local laws now in existence upon the same notice being given and shown as is required in the passage of new ones.

One of the most common methods of evading provisions against special, private and local legislation consists in passing acts which, because they purport to amend general acts, are themselves deemed general. Another method consists in evading such laws by the partial repeal of general laws, by excepting certain counties, municipalities or corporations from their operation.

We have provided that the Legislature shall not indirectly enact such laws.

We have sought to prevent the assumption by the State Legislature of the direct control of local affairs.

The General Assembly is authorized to confer upon local courts powers of local legislation and administration, thereby not only saving the time and expense required in the passage of local acts, but also relegating these matters to the local authorities and forum, which can best appreciate and understand local necessities and demands.

One of the most alarming evils which is the outgrowth of local legislation and which has increased enormously in the last few years is the unlimited power of counties and municipalities to borrow money.


385

CONSTITUTIONAL CONVENTION.

The last two Legislatures alone authorized an issue of many million dollars worth of bonds in this State. This we have endeavored to check or to safeguard by proper restrictions.

The committee has not deemed it necessary to report specially upon the several ordinances and resolutions referred to it. All have been maturely considered, and the principles of most have been incorporated in this ordinance. These ordinances are herewith respectfully returned.

EMMETT O’NEAL, Chairman.

An ordinance concerning Local Legislation.

Be it ordained by the people of Alabama, in Convention assembled, that the following article on Local Legislation be inserted in the Constitution:

ARTICLE____.

LOCAL LEGISLATION.

Section 1.-The General Assembly shall not pass a special, private or local law in any of the following cases:

First-Granting a divorce.

Second-Relieving any minor of the disabilities of non-age.

Third-Changing the name of any corporation, association or individual.

Fourth-Providing for the adoption or legitimizing of any child.

Fifth-Incorporating a town, city or village.

Sixth-Granting a charter to any corporation, association or individual.

Seventh-Establishing rules of descent or distribution.

Eighth-Regulating the time within which a civil or criminal action may be begun.

Ninth-Exempting any person, corporation, county, township, municipality or association from the operation of any general law.


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JOURNAL OF ALABAMA

Tenth-Providing for the sale of the property of any individual or estate.

Eleventh-Changing or locating a county seat.

Twelfth-Providing for a change of venue in any case.

Thirteenth-Regulating the rate of interest.

Fourteenth-Granting any exclusive or special privilege, immunity or franchise whatever.

Fifteenth-Fixing the punishment of crime or misdemeanors.

Sixteenth-Providing for or regulating either the assessment or collection of taxes.

Seventeenth-Giving effect to invalid will, deed or other instrument.

Eighteenth-Legalizing the invalid act of any officer.

Nineteenth-Authorizing any township, city, town or village to issue bonds or other securities

Twentieth-Amending, confirming or extending the charter of any corporation or remitting the forfeiture thereof.

Twenty-first-Creating, extending or impairing any lien.

Twenty-second-Chartering or licensing any ferry, road or bridge.

Twenty-third-Regulating the jurisdiction and fees of Justices of the Peace, or the fees of Constable.

Twenty-fourth-Establishing separate school districts.

Twenty-fifth-Establishing separate stock districts.

Twenty-sixth-Creating, increasing or decreasing fees, percentage or allowance of public officers. No special, private or local law, except a law fixing the time of holding courts, shall be enacted in any case, which is provided for by a general law, or when the relief sought can be given by any court of this State, and the courts and not the General Assembly shall judge as to whether the matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the General Assembly in-


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CONSTITUTIONAL CONVENTION.

directly enact any such special, private or local law by the partial repeal of a general law.

The General Assembly shall pass general laws for the cases enumerated in this Section.

Sec. 2.-No special, private or local law shall be passed on any subject not enumerated in Section 1 of this article, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefore shall have been published, without cost to the State, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law, and be published at least once a week for four consecutive weeks in some newspaper, or if there is no newspaper published in the county, by posting the said notice for four consecutive weeks at five different public places in the county or counties, prior to the introduction of the bill; and the evidence that said notice has been given shall be exhibited to each House of the General Assembly, and the fact of said notice spread upon the Journal. The courts shall pronounce void every local law which the Journals do not affirmatively show was passed in accordance with the provisions of this section.

Sec. 3.-The General Assembly may repeal any special, private or local law upon notice being given and shown, as provided in the last preceding section.

Sec. 4.-The operation of no general law shall be suspended for the benefit of any individual, corporation, association, town, city, county or township, nor shall any individual, corporation, association, town, city, county or township be exempted from the operation of any general law.

Sec. 5.-The General Assembly may by general law confer upon Courts of County Commissioners, Boards of Revenue or other courts, such power of local legislation and administration touching all matters and things not provided for by general law, and not inconsistent with the provisions of this Constitution, as the General Assembly may from time to time deem expedient.

Sec. 6.-A general law, within the meaning of this


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JOURNAL OF ALABAMA

article, is a law which applies to the whole State; a local law is a law which applies to any political subdivision or subdivisions of the State less than the whole-a special or private law, within the meaning of this article, is a law which applies to an individual, association or corporation.

The report of the committee was read at length and placed on the calendar, and 300 copies of the same was ordered printed.

SPECIAL ORDER.

The report of the Committee on Local Legislation was made a special order for consideration immediately after the disposition of the report of the Committee on Preamble and Declaration of Rights.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Executive Department; relative to Section 4 of the ordinance “To create and define the Executive Department,” reported by said committee.

The question was upon the motion of Mr. Rogers, of Sumter, to substitute ordinance 372:

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; but the Speaker’s duty and the duty of the joint convention shall be purely ministerial.

The result of the election shall be ascertained and de-


389

CONSTITUTIONAL CONVENTION.

clared by the Speaker from the face of the returns without delay.

The person having the highest number of votes for any one 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, Auditor, 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.

Which was under all adverse report from the committee, for the Section 4 reported by the Committee on Executive Department.

The substitute was adopted. Yeas, 64; nays, 44.

YEAS.

Messrs. Ashcraft,

Maxwell,

Banks,

Merrill,

Barefield,

Miller (Wilcox),

Blackwell,

Moody,

Boone,

Morrisette,

Brooks,

Murphree,

Burns,

NeSmith,

Carnathon,

Norman,

Case,

Oates,

Chapman,

O’Neill (Jefferson),

Cobb,

Opp,

Cornwell,

Parker (Elmore),

Cunningham,

Pearce,

Davis (DeKalb),

Pillans,

Eley,

Pitts,

Espy,

Reynolds (Henry),

Grayson,

Robinson,

Greer (Perry),

Rogers (Lowndes),

Haley,

Rogers (Sumter),

Heflin (Chambers),

Searcy,

Henderson,

Sentell,


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JOURNAL OF ALABAMA

Hood,

Smith, Mac. A.,

Jenkins,

Sollie,

Jones (Hale),

Sorrell,

Jones (Wilcox),

Thompson,

Kirk,

Walker,

Ledbetter,

Weatherly,

Leigh,

Whiteside,

Locklin,

Willett,

Lowe (Lawrence),

Williams (Elmore),

McMillan (Wilcox),

Wilson (Clarke),

Martin,

Wilson (Washington)-64.

NAYS.

Messrs. Bartlett,

Byars,

Beddow,

McMillan (Baldwin),

Cardon,

Malone,

Cofer,

Mulkey,

Dent,

O'Neal (Lauderdale),

Eyster,

Pettus,

Ferguson,

Phillips,

Fitts,

Porter,

Foster,

Reynolds (Chilton),

Freeman,

Samford,

Gilmore,

Sanders,

Graham (Talladega).

Sanford,

Handley,

Selheimer,

Harrison,

Sloan,

Hinson,

Smith, Morgan M.,

Hodges,

Spears,

Howell,

Tayloe,

Jackson,

Watts,

Jones (Montgomery),

Weakley,

Knight,

Whiteside,

Lomax,

Williams (Barbour),

Macdonald,

Williams (Marengo)-44.

ANNOUNCEMENT OF PAIRS.

The following pairs on the above question were announced:


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CONSTITUTIONAL CONVENTION.

Messrs. Coleman, of Greene, and Duke; Messrs. Long, of Walker, and Kyle. Mr. Coleman, of Greene, would vote aye, and Mr. Duke nay. Mr. Long, of Walker, would vote aye, and Mr. Kyle nay.

SECTION FOUR.

Section 4 of the ordinance “To create and define the Executive Department,” as amended, was adopted.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business, which was the ordinance “To create and define the Executive Department.” The question was upon the adoption of Section 23.

Sec. 23. The Secretary of State shall be the custodian of the Seal of State, and shall authenticate therewith all official acts of the Governor; his approval of laws, resolutions, appointments to office, and administrative orders excepted. He shall keep a register of the official acts of the Governor, and when necessary shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either House of the General Assembly when required to do so, and shall perform such other duties as may be prescribed by law.

Was read at length.

Mr. Eyster offered the following amendment to Section 23, which was read at length:

Add the word “Great” ahead of the word “Seal,” in the first line.

The amendment was, on motion of Mr. Samford, laid upon the table.

Mr. Samford moved to adopt Section 23, as above set out, and the motion prevailed.

SECTION TWENTY-FOUR.

Sec. 24. All grants and commissions shall be issued in the name and by the authority of the State of Ala-


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JOURNAL OF ALABAMA

bama, sealed with the Great Seal and signed by the Governor and countersigned by the Secretary of State.

Was read at length, and on motion of Mr. Jones, of Montgomery, Section 24, as above set out, was adopted.

SECTION TWENTY-FIVE.

Sec. 25. Should the office of Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, or Commissioner of Agriculture and Industries become vacant, for any cause, the Governor shall fill such vacancy until the disability is removed or a successor elected kind qualified. In any case of said officers shall become of unsound mind, such unsoundness shall be ascertained by the Supreme Court upon the suggestion of the Governor.

Was read at length, and on motion of Mr. Jones, of Montgomery, Section 25, as above set out, was adopted.

SECTION TWENTY-SIX.

Sec. 26. The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation for the adjustment of differences between employer and employee engaged in mining, manufacturing, transportation, or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or of some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to be done to adjust the dispute or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be enforced by appropriate proceedings in the courts, under such rule and regulations as may he prescribed by law. The Board shall have power to compel the production of


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CONSTITUTIONAL CONVENTION.

papers and the attendance of witnesses in matters germane to the dispute or difference, under such rules and regulations as may be provided by law.

Was read at length.

Mr. Beddow offered the following substitute for Section 26:

Amend by striking out Section 26 and insert the following in lieu thereof:

Sec. 26. A Board of Arbitration is hereby created, of which the Commissioner of Agriculture and Industries shall be ex officio secretary, and said Board shall be composed of five members, two of whom shall be appointed by the employer, two by the employees, and one by the four members hereinbefore provided for. When any dispute shall arise between employer and employee in this State each party to such dispute shall notify the secretary of the Board of Arbitration of their intention to submit each dispute to arbitration and each party to such dispute shall certify to said secretary the names of the two persons selected by such party to act as arbitrators. The secretary of the Arbitration Board shall forthwith call and commission the arbitrators so named to meet at the Capitol, who shall proceed to organize by electing a disinterested person to act as such fifth member of said Board. The Board so organized shall take cognizance of such disputes only as are voluntarily submitted to it for adjudication; but the Secretary shall have power to enforce in the court all of its awards. The Legislature shall, at its first session after the adoption of this Constitution, enact laws for the enforcement of the awards of the Board herein created, and provides compensation for the members thereof.

RECESS.

Pending the further consideration of the report of the committee, the hour of 1 o’clock p. m. arrived, and under the rules the Convention recessed until 3 o’clock this afternoon.


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JOURNAL OF ALABAMA

AFTERNOON SESSION.

The Convention met pursuant to adjournment.

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 (Montgomery),

Ashcraft,

Graham (Talladega),

Banks,

Grant,

Barefield,

Grayson,

Bartlett,

Greer (Perry),

Beddow,

Haley,

Bethune,

Handley,

Blackwell,

Heflin (Chambers),

Boone,

Henderson,

Brooks,

Hodges,

Browne,

Hood,

Burns,

Howell,

Byars,

Jackson,

Cardon,

Jenkins,

Carnathon,

Jones (Hale),

Case,

Jones (Montgomery),

Chapman,

Jones (Wilcox),

Cobb,

Kirk,

Cofer,

Knight,

Cunningham,

Kyle,

Davis (DeKalb),

Ledbetter,

Dent,

Leigh,

deGraffenried,

Locklin,

Duke,

Lomax,

Eley,

Lowe (Lawrence),

Eyster,

Macdonald,

Espy,

McMillan (Baldwin),

Ferguson

McMillan (Wilcox),

Fitts,

Malone,

Foster,

Martin,

Freeman,

Maxwell,


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CONSTITUTIONAL CONVENTION.

Merrill,

Samford,

Miller (Wilcox),

Sanders,

Moody,

Sanford,

Morrisette,

Searcy,

Mulkey,

Selheimer,

Murphree,

Smith (Mobile),

NeSmith,

Smith, Mac. A.,

Norman,

Smith, Morgan M.,

Norwood,

Sollie,

Oates,

Thompson,

O'Neal (Lauderdale),

Walker,

Pearce,

Watts,

Pettus,

Weatherly,

Pillans,

White,

Pitts,

Whiteside,

Porter,

Willett,

Robinson,

Williams (Barbour),

Rogers, (Lowndes),

Wilson (Clarke),

Rowers (Sumter),

Wilson (Washington)-101

LEAVE OF ABSENCE.

Was granted to Messrs. Banks for the 13th June and to-day; O’Neal, of Lauderdale, for Monday; Cornwell for this afternoon.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business, which was the substitute offered by Mr. Beddow for Section 26 of the ordinance “To create and define the Executive Department.”

Mr. deGraffenried moved to table the substitute offered by Mr. Beddow.

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

Mr. Jones, of Montgomery, moved that Section 26, The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation, for the adjustment of differences between employer and employee engaged in mining, manufacturing, transport-


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JOURNAL OF ALABAMA

tation or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to he done to adjust the dispute or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be enforced by appropriate proceedings in the courts, under such rules and regulations as may be proscribed by law. The Board shall have power to compel the production of papers and the attendance of witnesses in matters germane to the dispute or difference, under such rules and regulations as may be provided lay law, be laid upon the table.

The motion prevailed, and Section 26 was laid upon the table.

SECTION TWENTY-SEVEN.

Sec. 27. The Governor, Auditor and Treasurer, or the Governor and either the Auditor or Treasurer, when there are funds in the Treasury not immediately needed, may loan out the same on call, for such time and at such rate of interest as they may deem advisable, taking as collateral, bonds of the United States, or of this State, to the full value of the amount loaned, and the interest agreed to be paid therefore; such loans shall not be made until after one week’s public notice, through some paper published at the Capital, and a record of such loans shall be kept in the office of the Auditor, and reported by the Governor to the General Assembly at its next meeting, was read at length.

The following minority report was submitted by Mr. Vaughan, from the Committee on Executive Department:


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CONSTITUTIONAL CONVENTION.

And he further recommends that Section 27 (which relates to the loaning of money in the State Treasury), as reported by said committee, be stricken out and do not pass.

Mr. Handley offered the following substitute for Section 27 and the minority report:

That if at any time there is a surplus in the State Treasury above the needs of the State government economically administered, it shall be the duty of the Governor to report that fact to the General Assembly, and in that event it shall be the duty of the General Assembly to reduce the rate of taxation allowed by the Constitution, in such proportion that such surplus bears to the ordinary expenses of the State government honestly administered.

Mr. Jones, of Montgomery, moved to table the Section 27, and the pending substitute.

The motion prevailed, and Section 27 and the substitute was laid upon the table.

SECTION TWENTY-EIGHT.

Sec. 28. The State Treasurer, State Auditor, Attorney General and the Commissioner of Agriculture and Industries shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall every year at a time the General Assembly may fix, make a full and complete report to the Governor, showing the receipts and disbursements of revenues of every character, and all claims audited and paid out by items, and all taxes and revenues collected and paid into the Treasury, and from what sources, and they shall make reports oftener upon any matters pertaining to their office if required by the Governor or General Assembly, was read at length.

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

Amend Section 28 to insert after the word Auditor, in first line, the words “Secretary of State.”

The amendment was adopted.


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JOURNAL OF ALABAMA

Mr. Jones, of Montgomery, moved that Section 28, as amended, be adopted.

The motion prevailed, and Section 28 was adopted.

SECTION TWENTY-NINE.

Sec. 29. The State Auditor, State Treasurer, Attorney General, Secretary of State and Commissioner of Agriculture and Industries shall not receive to their use, any fees, costs, perquisites of office, or other compensation than their salaries as prescribed by law, and all fees that may be payable for any services performed through such officers shall not be at once paid into the State Treasury. Was read at length, and on motion of Mr. Jones, of Montgomery, the Section 29 was adopted.

SECTION THIRTY

Sec. 30. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for a term of four years, unless sooner removed, and shall be ineligible to such office as his own successor.

Whenever any prisoner is taken from the jail or from the custody of the Sheriff or his deputies, and put to death, or suffers grievous bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, such Sheriff may be impeached under Section 2 of Article VII of the Constitution; and the Governor, when satisfied, after hearing the Sheriff, that he should be impeached, may suspend him from office for such time as he may think proper, until the impeachment proceedings are finally disposed of, was read at length.

Mr. Wilson, of Washington, offered the following amendment to Section 30, which was read at length:

Amend Section 30 by striking from lines two and three the following words, “and shall be ineligible to such office as his own successor.”

The amendment was lost.

Mr. Samford offered the following amendment to Section 30, which was read at length:


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CONSTITUTIONAL CONVENTION.

Amend Section 30 by striking out that part of the Section after the period on line three.

The amendment was, on motion of Mr. O’Neal, of Lauderdale, laid upon the table.

Mr. Sollie moved to recommit Section 30 to the Committee on Executive Department.

Mr. Boone offered the following amendment to Section 30, which was read at length:

Amend Section 30 of Article V in line seven, after the word impeached, to read “may suspend him from office until the impeachment proceedings are decided.”

The amendment was adopted.

Mr. Murphree offered the following amendment to Section 30, which was read at length:

Amend Section 30 by inserting in second line after word “and he and his deputies shall be ineligible to such office for four years after the term of the Sheriff expires.”

Mr. deGraffenried moved to table the amendment offered by Mr. Murphree.

The motion prevailed, and the amendment was laid on the table.

Mr. Blackwell offered the following amendment to Section 30, which was read at length:

To amend the report of the Committee on Executive Department as follows: and after the line in Section 30 of Article V: That if the Sheriff should be impeached he shall not be eligible to hold any other office in this State during the time for which he had been elected to serve as Sheriff.

Mr. Barefield moved to table the amendment offered by Mr. Blackwell.

The motion to table was lost.

The amendment offered by Mr. Blackwell was adopted.

Mr. Burns offered the following amendment to Section 30, which was read at length:

Amend Section 30 by striking all after the word successor in the third line.

Mr. deGraffenried moved to table the amendment offered by Mr. Burns.


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JOURNAL OF ALABAMA

The motion prevailed, and the amendment was laid on the table.

Mr. deGraffenried offered the following amendment to Section 30, which was read at length:

Amend Section 30 by striking therefrom the words “such office as his own successor” in the third line and insert therein in lieu thereof the following: “To election or appointment to any office under this State for one year after the expiration of his term.”

The amendment was adopted: Yeas, 44; nays, 39.

YEAS.

Messrs. President,

McMillan (Baldwin),

Ashcraft,

McMillan (Wilcox),

Beddow,

Malone,

Blackwell,

Maxwell,

Boone,

Mulkey,

Brooks,

NeSmith,

Browne,

Norman,

Case,

O’Neal (Lauderdale),

Cofer,

Pillans,

Cunningham,

Pitt,

deGraffenried,

Searcy,

Espy,

Sloan,

Foster,

Tayloe,

Freeman,

Thompson,

Graham (Talladega).

Weakley,

Handley,

Weatherly,

Hodges,

White,

Hood,

Whiteside,

Howell,

Willett,

Jones (Wilcox),

Williams (Barbour),

Kirk,

Wilson (Washington)-44.

Kyle,

NAYS.

Messrs. Barefield,

Burns,

Bartlett,

Byars,

Beavers,

Cardon,


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CONSTITUTIONAL CONVENTION.

Carnathon,

O’Neill (Jefferson),

Chapman,

Pearce,

Davis (DeKalb),

Pettus,

Eyster,

Phillips,

Ferguson,

Porter,

Fitts,

Robinson,

Graham (Montgomery),

Rogers (Sumter),

Grayson,

Samford,

Henderson,

Sanders,

Jenkins,

Sanford,

Jones (Montgomery),

Smith, Morgan M.,

Knight,

Sollie,

Leigh,

Spears,

Locklin,

Walker,

Martin,

Williams (Marengo),

Murphree,

Wilson (Clarke)-39.

Oates,

Mr. Wilson of Clarke, raised the point of order that no quorum had voted upon the adoption of the amendment. The point was not sustained.

ANNOUNCEMENT OF PAIRS.

The following pairs were announced on the question of the adoption of the amendment and the adoption of Section 30:

Messrs. Watts and Jones, of Hale. Mr. Watts would vote aye, and Mr. Jones, of Hale, would vote nay.

RECONSIDERATION.

Mr. Wilson, of Washington, gave notice that on tomorrow (Monday) he would move to reconsider the vote by which Section 30 was adopted.

RECONSIDERATION.

Mr. Wilson, of Washington, gave notice that on tomorrow (Monday) he would move to reconsider the vote by which the amendment offered by Mr. deGraffenried was adopted.


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JOURNAL OF ALABAMA

Mr. deGraffenried moved that Section 30, as amended; be adopted.

The motion prevailed, and Section 30 was adopted.

Mr. Browne offered the following amendment to the ordinance under consideration:

Amend the article reported by the Committee on Executive Department by inserting the following section after Section 25:

Sec. 26. The Governor, Attorney General, Secretary of State, Auditor and Treasurer shall constitute a Board of Equalization. The duty of such Board shall be to adjust and equalize the valuation of real and personal property for taxation among the several counties of the State, and to perform such other duties, pertaining to the equalization of taxable values of property among the counties as may be prescribed by law.

Mr. Samford proved to table the amendment offered by Mr. Browne:

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

ADJOURNMENT.

On motion of Mr. Blackwell the Convention adjourned until Monday morning at 10 o’clock.