TWENTY-EIGHTH DAY.

CONVENTION HALL.

Montgomery, Ala., Monday June 24, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Howell, of the Convention.

ROLL CALL.

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


403

CONSTITUTIONAL CONVENTION.

Messrs. President,

Grant,

Almon,

Grayson,

Ashcraft,

Greer (Calhoun),

Banks,

Haley,

Barefield,

Handley,

Bartlett,

Harrison,

Beavers,

Heflin (Chambers),

Beddow,

Heflin (Randolph),

Bethune,

Henderson,

Blackwell,

Hinson,

Boone,

Howell,

Brooks,

Howze,

Browne,

Inge,

Bulger,

Jackson,

Burnett,

Jenkins,

Burns,

Jones (Bibb),

Byars,

Jones (Hale),

Cardon,

Jones (Montgomery),

Carmichael (Colbert),

Jones (Wilcox),

Carmichael (Coffee),

Kirk,

Carnathon,

Kirkland,

Case,

Knight,

Chapman,

Kyle,

Cobb,

Leigh,

Cornwell,

Locklin,

Davis (DeKalb),

Lomax,

Davis (Etowah),

Long (Butler),

Dent,

Lowe (Lawrence),

deGraffenried,

Macdonald,

Duke,

McMillan (Baldwin),

Eyster,

McMillan (Wilcox),

Espy,

Malone,

Ferguson,

Martin,

Fitts,

Miller (Marengo),

Foshee,

Miller (Wilcox),

Foster,

Moody,

Freeman,

Morrisette,

Gilmore,

Mulkey,

Glover,

Murphree,

Graham (Montgomery),

NeSmith,

Graham (Talladega),

Norman


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JOURNAL OF ALABAMA

Norwood,

Sentell,

Oates,

Sloan,

O’Neill (Jefferson),

Smith (Mobile),

Opp,

Smith, Mac. A.,

O’Rear,

Sollie,

Palmer,

Spears,

Parker (Cullman),

Tayloe,

Parker (Elmore),

Thompson,

Pearce,

Vaughan,

Pettus,

Waddell,

Phillips,

Walker,

Pitts,

Watts,

Porter,

Weakley,

Proctor,

Weatherly,

Reese,

White,

Reynolds (Henry),

Whiteside,

Robinson,

Willett,

Rogers (Sumter),

Williams (Barbour),

Samford,

Williams (Marengo),

Flanders,

Wilson (Clarke).

Sanford,

Wilson (Washington)-125

Searcy,

LEAVE OF ABSENCE

Was granted to Messrs. Cunningham for to-day; Jones of Montgomery, for to-morrow; Lomax for to-day and to-morrow; Glover for last Saturday; Williams, of Elmore, indefinitely; Studdard for to-day and to-morrow; Greer, of Perry, for to-day; Smith, M. M., for to-day and to-morrow ; Sentell this evening and to-morrow.

REPORT OF THE COMMITTEE ON 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-seventh day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.


405

CONSTITUTIONAL CONVENTION.

RESOLUTIONS.

The following resolution was offered. The rules were suspended and the resolution was adopted:

Resolution No. 185, by Mr. Jones, of Montgomery:

Resolved, That in engrossing the ordinance on Executive Department, the Secretary be instructed to change the number of the sections in the ordinance to confirm to the action of the Convention.

Adopted.

The following resolution was offered, read one time at length, and referred to the Committee on Rules:

Resolution No. 186, by Mr. Foster:

Resolved, That beginning with to-day, the afternoon sessions of this Convention shall be from 4 o’clock p. m. to 6 o’clock p. m.

ORDINANCES ON FIRST READING.

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

Ordinance No. 396, by Mr. John W. A. Sanford:

An ordinance to prohibit the General Assembly from authorizing lotteries, gift enterprises or pool selling on sports or games of any kind or description.

The ordinance was referred to the Committee on Legislative Department.

Ordinance No. 397, by Mr. O’Neill, of Jefferson:

An ordinance allowing electors to express their preference for United States Senators.

The ordinance was referred to the Committee on Legislative Department.

REPORTS OF STANDING COMMITTEES.

Mr. Oates, Chairman of the Committee on Legislative Department, submitted the following supplementary report to the report of the Committee on Local Legislation:

A report from the Committee on Legislative Department.


406

JOURNAL OF ALABAMA

Mr. President:

Whereas, Local Legislative provisions have heretofore belonged to the Legislative Department of the Constitution; and

Whereas, One of the standing committees of this Convention was given jurisdiction of Local Legislation, which led to some confusion in the introduction and reference of ordinances upon that subject to each of said committees, and causes the Committee on Legislative Department to fully consider and draft a section, with numerous subdivisions, to report to the Convention for adoption; and

Whereas, The Committee on Local Legislation has made its report not embracing a number of matters which this committee maturely considered and desires shall be adopted;

Now, in pursuance to an understanding and agreement with the chairman of that committee, your Committee on the Legislative Department instruct me to report and recommend for adoption the following additional restrictions upon the power of the Legislature to enact local, special or private laws to come in after the words “public officers” in subdivision 26 of Section 1 of the article already reported by said committee, to wit:

Twenty-seventh-Exemption of property from taxation or from levy or sale.

Twenty-eight-Exempting any person from jury, road or other civil duty.

Twenty-ninth-Laying out, opening, altering, or working roads or highways.

Thirtieth-Providing for the management or support of any common or private school, incorporating the same or granting such school any privileges.

Thirty-first-Granting any land owned by or under control of the State, to any person or corporation.

Thirty-second-Remitting fines, penalties or forfeitures.

Thirty-third-Providing for the conduct of elections, or designating places, of voting, or changing the boun-


407

CONSTITUTIONAL CONVENTION.

daries of wards, precincts, districts, except on the organization of new counties.

Thirty-fourth-Restoring the right to vote to persons convicted of infamous crimes or involving moral turpitude.

Thirty-fifth-Refunding money legally paid into the State Treasury.

Your committee do not concur in Section 5 of said Article as reported by the Committee on Local Legislation, and recommends as a substitute therefore Section 25 of Article IV of the present Constitution.

Respectfully submitted,

WM. C. OATES, Chairman.

MUNICIPAL CORPORATIONS.

Mr. Weakley, chairman of the Committee on Municipal Corporations, submitted the following report:

REPORT OF THE COMMITTEE ON MUNICIPAL CORPORATIONS.

Mr. President:

The Committee on Municipal Corporations instruct me to make the following report:

After mature consideration of all the ordinances submitted to them, they herewith report the attached article, which they recommend shall be adopted by this Convention as Article___ of the new Constitution, under the caption of “Municipal Corporations.”

All ordinance referred to this committee are herewith returned.

Respectfully submitted,

JOAN B. WEAKLEY, Chairman.

ARTICLE__

MUNICIPAL CORPORATIONS.

Section 1. All municipal corporations shall have the right to sue and shall be subject to be sued in all courts in like manner as natural persons.


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JOURNAL OF ALABAMA

Sec. 2. Municipal corporations shall be invested with the privilege of taking private property for public use, but shall make just compensation for property taken, injured or destroyed by the construction or enlargements of its works, highways, or improvements, which compensation shall be paid before such taking, injury or destruction. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such municipal corporation made by viewers or otherwise; and the amount of such damages in all cases of appeal shall on demand of either party be determined by a jury according to law.

Sec. 3. The General Assembly shall have power to establish, alter, enlarge or diminish the boundaries of any city, town or village in this State, but notice of such intended change shall be given by publication in some newspaper published in the village, town or city to be affected, for thirty days prior to the meeting of the General Assembly; if no newspaper is published in said city, town or village then said notice shall be given by posting copy thereof at three public places in said city, town or, village, and said notice shall be spread upon the Journal of the House in which the bill proposing change is introduced.

Sec. 4. No city, town or village shall be authorized or permitted to grant any franchise or privilege or make any contract in reference thereto for a term exceeding twenty years, nor shall any city, town or village grant any right of way over or right to use any street or public way or part thereof except to the person or corporation offering the highest sum therefore or the highest percentage of gross annual receipts, to be derived from the business so using the right of way or street or public place. No such privilege shall be granted until the applicant therefore shall have given notice by publication for thirty days in some newspaper published in the city, town or village, of his intention to ask for such franchise, and the date upon which such application shall be made and the person, firm, association or corporation to whom such franchise is granted


409

CONSTITUTIONAL CONVENTION.

shall be liable for any damage indicted upon the property of abutting proprietors.

Sec. 5. No street railway, gas, wetter, steam or hot water heating, telephone, telegraph, electric light or power company within a city, town or village, shall be permitted or authorized to construct its tracks or mains or erect its poles, posts or other apparatus or string its wires upon the same, along, over, under or across the streets, avenues, alleys or public grounds of such city, town or village, without the consent of the proper municipal authorities of such city, town or village being first had and obtained.

Sec. 6. The General Assembly shall not enact any law which will permit a person, firm, corporation or association of any character to pay a privilege license or other tax to the State of Alabama, and relieve him or it from the payment of all other privilege and license taxes in the State.

Sec. 7 No county, city, town, village, district or other political subdivision of a county shall have authority or be authorized by the General Assembly, after the ratification of this Constitution, to issue bonds, unless such issue of bonds shall have first been approved by a majority vote by ballot of the qualified voters of such county, city, town, village, district, or other political subdivision of a county, voting upon such proposition. In determining the result of any election held for this purpose, no vote shall be counted as an affirmative vote which does not show on its face that such vote was cast in approval of such issue of bonds. This section shall not apply to the renewal, refunding or reissue of bonds lawfully issued, nor prevent the issuance of bonds in cases where the same have been authorized by laws enacted prior to the ratification of this Constitution, nor shall this section apply to obligations incurred or bonds to be issued to procure means to pay for street and sidewalk improvement, or sanitary or storm water sewers, the cost of which is to be assessed against the property abutting said improvements or drained by such sanitary or storm water sewers.


410

JOURNAL OF ALABAMA

Sec. 8. That no city, town or village shall hereafter become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed 7 percentum of the assessed valuation of the real and personal property within said city, town or village, subject to taxation, as shown by the last preceding assessment for State and county purposes; provided, however, that in determining the limitation of the power of such city, town or village to incur indebtedness there shall not be included the following class of indebtedness, to-wit:

(a) Notes, certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, unless the same be not paid within two years from the date of such issue, and all such notes, certificates of indebtedness and revenue bonds shall be provided for, and made payable from the taxes levied for the year which they are issued, and shall never exceed the amount of such taxes.

(b) Bonds issued for the purpose of purchasing or otherwise providing for a supply of water or for the construction of installation of sanitary sewers, or for the extension of either of the same.

(c) Obligations incurred and bonds issued to procure means to pay for street or sidewalk improvements or storm water sewers, the cost of which is to be assessed against the property abutting or drained by such sewers.

(d) Debts created for the preservation of the public health.

(e) Debts existing on the 6th day of December, 1875, or any obligation issued to renew or refund the same.

Sec. 9. No city, town or village whose present indebtedness exceeds the limitations herein imposed shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit, provided however that nothing herein contained shall prevent any municipality from issuing bonds in renewal or for the refunding of obligations already existing.

Sec. 10. The General Assembly shall provide by general laws for the organization and classification of cities,


411

CONSTITUTIONAL CONVENTION.

towns and villages; the number of such classes shall not exceed four, and the powers of each class shall be defined by general laws so that all municipal corporations of the same class shall possess the same powers and be subject to the same restrictions.

The General Assembly shall assign the cities, towns and villages of the State to the class to which they respectively belong, and change assignments made as populations of such cities, towns and villages increase or decrease, and in the absence of other satisfactory information as to their population, the General Assembly shall be governed by the last preceding Federal census; provided, however, that any city, town or village in Alabama may in the year 1905, and every ten years thereafter cause a census of all its inhabitants to be taken, and the General Assembly may change the classification of such city, town or village according to the result of such census.

Any city having a population of more than twenty thousand inhabitants may frame a charter for its own government, not in Conflict with this Constitution, whenever the Mayor, authorized by a majority vote of the legislative body of such city, shall have made application to the Judge of the Circuit Court for the appointment of the Board to be composed of nine qualified electors, who shall have been for at least five years residents of such city. If the Judge of the Circuit Court is a non-resident of the county in which said city is located, then such application may be made to the Judge of any State court of record of general common law jurisdiction, residing in such county, and the said application and the appointments made thereon shall be entered of record by the clerk of such court.

Said Board shall within ninety days after such appointment return to the chief magistrate of any such city the draft of such charter signed by a majority of said Board within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city at a special election be called by the Mayor, and if a majority of such qualified voters voting thereat shall ratify the same, it shall, at the end of thirty days


412

JOURNAL OF ALABAMA

thereafter become the charter of such city, and supersede any existing charter or amendments thereto, and all special acts of the General Assembly relating to the corporate organization or government of such city other than laws securing and enforcing the payment of the debts of such city.

A duplicate certificate shall be made setting forth the charter proposed, and its ratification, which shall be signed by the chief magistrate of such city, and be authenticated by its corporate seal; one of such certificates shall be deposited in the office of the Secretary of State, and the other shall be deposited among the archives of such city, and all courts shall take judicial notice of such charter. Such charter so adopted may be amended at intervals of not less than four years by proposals therefore, submitted by the legislative authority of the city to the qualified voters thereof at a general or special election, held at least thirty days after the publication of such proposals in two newspapers of said city, and ratified by a majority of the qualified voters voting thereat. In any such charter or amendments thereto, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to the others.

Sec. 11. No city, town, village or other municipal corporation other than provided for in this article shall levy or collect a higher rate of taxation in one year on the property situated therein than one-half of one percentum of the value of such property as assessed for State taxation during the preceding year; provided, that for the purpose of paying debts existing on the sixth day of December, 1875, and the interest thereon, a tax of one percentum may be levied and collected, to be applied exclusively to the payment of such indebtedness, and provided further that this section shall not apply to the city of Mobile, which city may from and after the ratification of this Constitution levy a tax not to exceed the rate of three-fourths of one percentum, to pay the expenses of the city government, and may also levy a tax not to exceed three-fourths of one per centum to pay the debt existing on the sixth day of December,


413

CONSTITUTIONAL CONVENTION.

1875, with the interest thereon, or any renewal of such debt; and provided further, that this section shall not apply to the cities of Birmingham and Huntsville, which cities may levy and collect a tax not to exceed one-half of one per centum in addition to the tax of one-half of one percentum as hereinabove allowed to be levied and collected, such special tax to be applied exclusively to the payment of interest on the bonds of said cities of Birmingham and Huntsville, as heretofore issued in pursuance of law, and for a sinking fund to pay off said bonds at the maturity thereof.

And provided further, that this section shall not apply to the cities of Troy, Attala Gadsden, Bessemer, Woodlawn, and Florence, which cities may from and after the ratification of this Constitution, levy and collect an additional tax not exceeding one-half of one percentum per annum, but this additional tax shall not be levied unless authorized by a majority vote of the qualified electors voting at a special election held for the purpose of ascertaining whether or not said tax shall be levied.

MINORITY REPORT.

The undersigned, a member of the Committee on Municipal Corporations, does not concur with the majority of the committee in the report submitted, and therefore moves to strike out the tenth section of the report, and respectively offers the following substitute in lieu thereof:

The General Assembly shall have authority to incorporate cities, towns and villages by a general law which shall grant to all municipalities the same powers, rights and privileges, and shall not discriminate between municipalities in the powers, rights and privileges granted, on account of population, situation, condition, the pursuits of the people, or for any reason whatever. The General Assembly shall grant to no municipality or community the right to establish or amend its own charter, but all municipal charters shall be granted or amended by special law or formed under a general law


414

JOURNAL OF ALABAMA

equally applicable to all communities; provided, that no charter or amendment thereof shall be valid, until it shall he accepted or ratified by a majority of the qualified electors residing within the limits of such municipality, and voting at an election held for that purpose.

J. W. A. SANFORD.

Mr. Weakley, chairman of the Committee on Municipal Corporations, asked unanimous consent that resolution No. 23, “That the rate of taxation relative to the State, counties and municipalities, as fixed by the present Constitution shall remain unchanged,” be recommended to the Committee on Municipal Corporations.

Also an Ordinance No. 183, and 186, “To regulate the organization and classification of cities and towns,”

Ordinance 186, “To provide for the organization, classification and government of villages, towns and cities in Alabama.”

The resolution No. 23 and ordinances Nos. 183 and 186, were recommitted to the Committee on Municipal Corporations.

RECONSIDERATION.

Mr. Wilson, of Washington, moved to reconsider the vote by which Section 30 of the ordinance “To create and define the Executive Department” was adopted.

The motion prevailed: Yes, 69; nays, 24.

YEAS.

Messrs. President,.

Carmichael (Coffee),

Ashcraft,

Carnathon,

Barefield,

Chapman,

Beavers,

Davis (DeKalb),

Boone,

Travis (Etowah),

Burnett,

Fitts,

Burns,

Foshee,

Rears,

Foster,

Cardon,

Freeman,


415

CONSTITUTIONAL CONVENTION.

Gilmore,

Murphree,

Glover,

Norman,

Graham (Montgomery),

Norwood,

Grant,

Parker (Elmore),

Grayson,

Pearce,

Haley,

Pettus,

Henderson,

Reese,

Hinson,

Robinson,

Howell,

Rogers (Sumter),

Jenkins,

Samford,

Jones (Montgomery,

Sanders,

Jones, (Wilcox),

Sanford,

Knight,

Searcy,

Kyle,

Sentell,

Leigh,

Smith, Mae. A.

Lomax,

Sollie,

Long (Butler),

Tayloe,

Love (Jefferson),

Thompson,

Macdonald,

Vaughan,

McMillan (Baldwin),

Waddell,

McMillan (Wilcox),

Walker,

Martin,

Weatherly,

Miller (Marengo),

Williams (Marengo),

Miller (Wilcox),

Wilson (Clarke),

Moody,

Wilson (Washington)-69.

Morrisette,

NAYS.

Messrs. Beddow,

Phillips,

Case,

Pitts,

deGraffenried,

Porter,

Espy,

Reynolds (Henry),

Howze,

Sloan,

Jones (Bibb),

Spears,

Kirk,

Watts,

Kirkland,

Weakley,

Malone,

White,

Mulkey,

Whiteside,

NeSmith,

Willett,

Oates,

Williams (Barbour)-24.


416

JOURNAL OF ALABAMA

Mr. Wilson, of Washington, moved to reconsider the vote by which the amendment to Section 30, offered by Mr. deGraffenried, was adopted.

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 motion prevailed.

Mr. Wilson, of Washington, moved to table the amendment offered by Mr. deGraffenried, and the motion prevailed, and the amendment was laid upon the table.

Mr. deGraffenried thereupon gave notice that on tomorrow he would move to take the amendment from the table.

Mr. Jones, of Montgomery, moved that Section 30, as previously reported by the committee, and as amended be adopted, and the motion prevailed, and Section 30 was adopted.

SECTION TWELVE.

Mr. Jones, of Montgomery, asked unanimous consent to offer an amendment to Section 12 of the ordinance “To create and define the Executive Department.”

Unanimous consent was granted.

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

To amend Section 12 by adding after the word “pardons” in the third line of printed ordinance, the following words, to-writ: “Except in cases of impeachment,” and also by striking out the words “except in cases of impeachment,” in the sixth line of the printed ordinance after the words “in cases of felony.”

On motion of Mr. Jones, of Montgomery, the amendment was adopted.

Mr. Fitts offered the following amendment to the ordinance “To create and define the Executive Department:”

Amend the report of the Committee on Executive Department by adding to Article V a section to read as follows:


417

CONSTITUTIONAL CONVENTION.

If the session of the General Assembly next after the ratification of this Constitution shall enact a late increasing the salary of the Governor, such increase shall become effective and applied to the first Governor elected after the ratification of this Constitution.

Mr. Cobb offered the following amendment to the amendment offered by Mr. Fitts:

Add the words at the proper place “if the General Assembly shall so determine.”

The amendment to the amendment offered by Mr. Cobb was adopted.

The amendment of Mr. Fitts, as amended, was thereupon adopted: Yeas, 72; nays, 43.

YEAS.

Messrs. President,

Heflin (Chambers),

Banks,

Heflin (Randolph),

Barefield,

Hinson,

Beavers,

Howell,

Beddow,

Howze,

Bethune,

Inge,

Boone,

Jackson,

Brooks,

Jones (Bibb),

Browne,

Jones (Hale),

Burnett,

Jones (Montgomery),

Cobb,

Jones (Wilcox),

Davis (Etowah),

Kirk,

Dent,

Knight,

deGraffenried,

Kyle,

Duke,

Leigh,

Eyster,

Locklin,

Espy,

McMillan (Baldwin),

Ferguson,

McMillan (Wilcox),

Fitts,

Martin,

Gilmore,

Merrill,

Graham (Montgomery),

Morrisette,

Graham (Talladega),

Murphree,

Grant,

Norman,

Greer (Calhoun),

Norwood,

Haley,

Oates,


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JOURNAL OF ALABAMA

O’Neill (Jefferson),

Smith (Mobile),.

Palmer,

Tayloe,

Parker (Cullman),

Thompson,

Pitts,

Vaughan,

Proctor,

Waddell,

Reese,

Watts,

Robinson,

Weakley,

Samford,

Willett,

Sanders,

Wilson (Clarke),

Sanford,

Williams (Marengo),

Searcy,

Wilson (Washington)-72.

NAYS.

Messrs. Ashcraft,

Malone

Bartlett,

Miller (Marengo),

Blackwell,

Moody,

Bulger,

Mulkey,

Burns,

NeSmith,

Byars,

Opp,

Cardon,

O’Rear,

Carmichael (Coffee),

Parker (Elmore),

Carnathon,

Pearce,

Case,

Pettus,

Chapman,

Phillips,

Davis (DeKalb)

Porter,

Foshee,

Reynolds (Henry),

Freeman,

Rogers (Sumter),

Glover,

Sloan,

Grayson,

Smith Mac. A.,

Handley,

Sollie,

Henderson,

Spears,

Jenkins,

Weatherly,

Kirkland,

Whiteside,

Lowe (Lawrence),

Williams (Barbour)-43.

Macdonald,

RECONSIDERATION.

Mr. Vaughan gave notice that he had voted yea, and would on to-morrow move to reconsider the vote by which the amendment was adopted.


419

CONSTITUTIONAL CONVENTION.

Mr. Blackwell offered the following amendment to the ordinance “To create and define the Executive Department”

To amend the report of the Committee on Executive Department by adding Section 31, which is as follows:

Sec. 31. That when vacancies happen by resignation or otherwise in any county office, the Governor shall make temporary appointments until the next election, at which members of the General Assembly are elected, and at such election the qualified electors by a direct vote shall fill such vacancy or vacancies.

Mr. deGraffenried offered the following substitute for the amendment offered by Mr. Blackwell:

Sec. 31. The Court of County Commissioners shall have authority, when any vacancy occurs in any county office, to appoint some qualified elector of such county to perform the duties of such office until the next general election by the people, when the people voting at such election shall elect some qualified elector to such office, who shall hold said office during the unexpired term and until his successor is duly elected and qualified.

Mr. Heflin, of Randolph, moved to table the substitute offered by Mr. deGraffenried.

The motion prevailed, and the substitute was tabled.

Mr. Samford moved to table the amendment offered by Mr. Blackwell, and the motion prevailed and the amendment was laid upon the table.

Mr. Burns offered the following amendment to the ordinance “To create and define the Executive Department:”

Amend by adding as Section 31:

In case any Sheriff, or his deputy, or any member of his posse be killed, or permanently disabled while discharging his duty in defending a prisoner in his charge, the General Assembly shall provide for the maintenance of those who were dependent upon the person killed or disabled.

The amendment was lost.


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JOURNAL OF ALABAMA

RECONSIDERATION.

Mr. Jones, of Montgomery, changed his vote from yea to no, and gave notice that on to-morrow he would move to reconsider the vote by which the amendment was lost.

ORDINANCE ON THIRD READING.

Mr. Samford moved that the ordinance “To create and define the Executive Department” be ordered to a third reading. The motion prevailed.

Mr. Reese moved that the further consideration of the third reading of the ordinance be postponed until to-morrow immediately after the approval of the Journal. The motion prevailed.

RECESS.

The hour of 1 o’clock p. m. having arrived, the Convention took a recess until 3 o’clock p. m.

__________

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,

Beaver,

Almon,

Beddow,

Ashcraft,

Bethune,

Banks,

Blackwell,

Barefield,

Brooks,

Bartlett,

Bulger,


421

CONSTITUTIONAL CONVENTION.

Burnett,

Leigh,

Burns,

Lomax,

Byars,

Long (Butler),

Cardon,

Long (Walker),

Carmichael (Colbert),

McMillan (Baldwin),

Carmichael (Coffee),

Malone,

Carnathon,

Martin,

Case,

Maxwell,

Chapman,

Merrill,

Cobb,

Miller (Marengo),

Davis (Etowah),

Miller (Wilcox),

Dent,

Moody,

deGraffenried,

Morrisette,

Eyster,

Mulkey,

Ferguson,

Murphree,

Foshee,

NeSmith,

Foster,

Norman,

Freeman,

Norwood,

Glover,

Oates,

Graham (Talladega),

O’Neill (Jefferson),

Grayson,

Opp,

Greer (Calhoun),

O’Rear,

Haley,

Palmer,

Harrison,

Parker (Cullman),

Heflin (Chambers),

Parker (Elmore),

Heflin (Randolph),

Pearce,

Henderson,

Pettus,

Hinson,

Phillips,

Hodges,

Pitts,

Howze,

Porter,

Inge,

Proctor,

Jackson,

Reese,

Jenkins.

Reynolds (Chilton),

Jones (Bibb),

Reynolds (Henry),

Jones (Hale),

Robinson,

Jones (Montgomery),

Rogers (Sumter),

Jones (Wilcox),

Samford,

Kirk,

Sanders,

Kirkland,

Sanford,

Knight,

Searcy,

Kyle,

Sloan,


422

JOURNAL OF ALABAMA

Smith (Mobile),

Walker,

Smith, Mac. A.,

Weakley,

Sollie,

Weatherly,

Sorrell,

White,

Spears,

Whiteside,

Tayloe,

Williams (Barbour),

Thompson,

Wilson (Clarke),

Vaughan,

Wilson (Washington),

Waddell,

Winn-112.

LEAVE OF ABSENCE.

Was granted to Mr. Macdonald for the afternoon; to Mr. Cofer for to-day; and to Mr. Davis, of Etowah, for to-morrow.

REPORT OF THE COMMITTEE ON TAXATION.

The Convention proceeded to the consideration of the article on Taxation, reported by the Committee on Taxation.

Section 1 of the Article XI on Taxation, reported by the Committee on Taxation, was read at length as follows:

Section 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such property, but no tax shall be assessed upon any debt for rent or hire of real or personal property while owned by the landlord or hirer during the current year of such rental or hire, and when such real or personal property is assessed at its full value; provided, however, the General Assembly may levy a poll tax, not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same.

Mr. Samford offered the following amendment to Section 1, which was read at length:

Add in fifth line, Section 1, after the word “value:”

And no license or other tax shall ever be imposed for the inspection of any article of merchandise used for fertilizers.


423

CONSTITUTIONAL CONVENTION.

ADJOURNMENT.

Pending the further consideration of the amendment to Section 1, and the article, the hour of 5 p. m. arrived and under the rules the Convention adjourned until to-morrow morning at 10 o’clock.