__________

TWENTY‑NINTH DAY.

CONVENTION HALL.

Montgomery, Ala., Tuesday, June 25, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by the Rev. Mr. Elliott 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,

Byars,

Almon,

Cardon,

Altman,

Carmichael (Colbert),

Ashcraft,

Carmichael (Coffee),

Banks,

Carnathon,

Barefield,

Case,

Bartlett,

Chapman,

Beavers,

Cobb,

Beddow,

Coleman (Greene),

Bethune,

Coleman (Walker) ,

Blackwell,

Cornwell,

Boone,

Craig,

Brooks,

Cunningham,

Browne,

Davis (DeKalb),

Bulger,

Dent,

Burnett,

deGraffenried,

Burns,

Duke,


424

JOURNAL OF ALABAMA

Eyster,

Lowe (Lawrence),

Espy,

Macdonald,

Fitts,

McMillan (Baldwin),

Fletcher,

McMillan (Wilcox),

Foshee,

Malone,

Foster,

Martin,

Freeman,

Maxwell,

Gilmore,

Merrill,

Glover,

Miller (Marengo),

Graham (Montgomery),

Miller (Wilcox),

Graham (Talladega),

Moody,

Grant,

Morrisette,

Grayson,

Mulkey,

Greer (Calhoun),

Murphree,

Greer (Perry),

NeSmith,

Haley,

Norman,

Handley,

Norwood,

Harrison,

O’Neill (Jefferson),

Heflin (Chambers),

Opp,

Heflin, (Randolph.),

O’Rear,

Henderson,

Palmer,

Hinson,

Parker (Cullman),

Hodges,

Parker (Elmore),

Hood,

Pearce,

Howell,

Pettus,

Howze,

Phillips,

Inge,

Pillans,

Jackson,

Pitts,

Jones (Bibb),

Porter,

Jones (Hale),

Proctor,

Jones (Montgomery),

Reese,

Jones (Wilcox),

Reynolds (Chilton),

Kirk,

Reynolds (Henry),

Kirkland,

Robinson,

Knight,

Rogers (Lowndes),

Kyle,

Rogers (Sumter),

Ledbetter,

Samford,

Leigh,

Sanders,

Lomax,

Sanford,

Long (Butler),

Searcy,

Lowe (Jefferson),

Selheimer,


425

CONSTITUTIONAL CONVENTION.

Sentell,

Walker,

Sloan,

Watts,

Smith (Mobile),

Weakley,

Smith, Mac. A.,

Weatherly,

Sollie,

White,

Sorrell,

Whiteside,

Spears,

Willett,

Spragins,

Williams (Barbour),

Stewart,

Williams (Marengo),

Tayloe,

Wilson (Clarke).

Thompson,

Wilson (Washington).

Vaughan,

Winn-141.

Waddell,

LEAVE OF ABSENCE.

Was granted to Messrs. Cornwell for yesterday; NeSmith for to-day and to-morrow; Renfro for to-day; Cofer for yesterday; Maxwell for yesterday and to-day; Greer, of Perry, for to-day.

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

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

STENOGRAPHIC REPORT.

Messrs. White, Dent and Blackwell called the attention of the Convention to certain errors in the stenographic report of the proceedings yesterday.

The report was ordered corrected.


426

JOURNAL OF ALABAMA

RESOLUTIONS.

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

Resolution No. 187, by Mr. Bulger:

Resolved, That the articles to be adopted by the Convention as a part of the Constitution shall be taken up and considered by the Convention in the order in which they are reported by the committee to which they have been referred.

The resolution was referred to the Committee on Rules.

Resolution 188, by Mr. Carmichael, of Coffee:

Be it resolved, That the Secretary of State is hereby authorized and instructed to contract for the printing and binding of 1,000 copies of the Journal of this Convention.

Be it further resolved, That the printing and binding shall be done in the same manner and under the same law as that of the House and Senate Journals, and that the printing and binding shall be paid for out of the State appropriation for printing and binding.

The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses.

Resolution 189, by Mr. Cobb:

All errors in the stenographic report will be privately called to the attention of the reporter, who is directed to make necessary corrections.

The resolution was referred to the Committee on Rules.

Resolution 190, by Mr. Jones, of Wilcox:

Resolved, That it is the sense of this Convention that no amendment should be proposed by any delegate to an article or articles of the Constitution, as reported by a committee, when such amendment could be enacted into a law by the General Assembly of Alabama.

The resolution was referred to the Committee on Rules.


427

CONSTITUTIONAL CONVENTION.

ORDINANCES ON FIRST READING.

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

Ordinance No. 398, by Mr. Rogers, of Lowndes:

An ordinance amending Section 17 of Article XIV of the Constitution, relating to Banking.

The ordinance was referred to the Committee on Banks and Banking.

Ordinance No. 399, by Mr. Kyle (by request):

To provide for the formation or creation of private corporations in the State of Alabama.

The ordinance was referred to the Committee on Corporations.

Ordinance No. 400, by Mr. Thompson:

To provide for a tax on collateral inheritances.

The ordinance was referred to the Committee on Taxation.

Ordinance No. 401, by Mr. Long, of Walker:

Relative to removing the State Capitol from Montgomery to Birmingham.

The ordinance was referred to the Committee on Order, Consistency and Harmony of the Constitution.

RECONSIDERATION.

Mr. Jones, of Montgomery, moved to reconsider the vote by which the amendment offered by Mr. Burns to the ordinance “To create and define the Executive Department,” was lost on yesterday.

The motion prevailed, and the vote was reconsidered: Yeas, 82; nays, 50.

YEAS.

Messrs. Almon,

Beavers,

Ashcraft,

Beddow,

Banks,

Blackwell,

Barefield,

Brooks,

Bartlett,

Browne,


428

JOURNAL OF ALABAMA

Burnett,

Martin,

Bulger,

Maxwell,

Burns,

Miller (Marengo),

Byars,

Morrisette,

Carmichael (Coffee),

Mulkey,

Case,

Murphree,

Cornwell,

Norman,

Cunningham,

Norwood,

deGraffenried,

O’Neill (Jefferson),.

Duke,

O’Rear,

Fletcher,

Palmer,

Foshee,

Parker (Cullman),

Foster,

Pettus

Freeman,

Porter,

Gilmore,

Proctor,

Graham (Montgomery),

Reese,

Graham (Talladega),

Reynolds (Chilton),

Grant,

Rogers, (Lowndes),

Grayson,

Sanford,

Haley,

Searcy,

Hinson,

Selheimer,

Hood,

Sloan,

Howell,

Smith, Mac. A.,

Jackson,

Sorrell,

Jenkins,

Spears,

Jones (Bibb),

Tayloe,

Jones (Montgomery),

Thompson,

Jones (Wilcox),

Watts,

Kirkland,

Weakley,

Knight,

Weatherly,

Kyle,

White,

Leigh,

Whiteside,

Macdonald,

Willett,

McMillan (Baldwin),

Williams (Marengo),

McMillan (Wilcox),

Wilson (Washington),

Malone,

Winn-82.

NAYS.

Messrs. President,

Boone,

Altman,

Bethune,


429

CONSTITUTIONAL CONVENTION.

Cardon,

Lowe (Lawrence),

Carmichael (Colbert),

Merrill,

Carnathon,

Miller (Wilcox),

Chapman,

Moody,

Cobb,

Oates,

Coleman (Walker),

Opp,

Craig,

Parker (Elmore),

Davis (DeKalb),

Pearce,

Dent,

Phillips,

Espy,

Pillans,

Ferguson,

Pitts,

Glover,

Reynolds (Henry),

Greer (Calhoun) ,

Robinson

Handley,

Rogers (Sumter),

Harrison,

Samford,

Heflin (Chambers),

Sanders,

Heflin (Randolph),

Smith (Mobile),

Henderson,

Sollie,

Howze,

Spragins,

Inge,

Stewart

Jones (Hale),

Waddell,

Kirk,

Walker,

Locklin,

Williams (Barbour)-50.

Mr. Jones, of Montgomery, offered the following substitute for the amendment offered by Mr. Burns:

Substitute for proposed Section 31, of Article on Executive Department:

Sec. 31. It shall be the duty of the General Assembly to make adequate provision for dependent members of the family of any Sheriff, Deputy Sheriff, or member of any posse who may be killed, or permanently injured, in defending any prisoner in the custody of the law.

Mr. Heflin, of Chambers, moved to table the substitute offered by Mr. Jones, of Montgomery.

The motion to table was lost: Yes, 48; nays, 83.


430

JOURNAL OF ALABAMA

YEAS.

Messrs. President,

Jones (Hale),

Altman,

Kirk,

Bethune,

Lowe (Lawrence),

Boone,

Merrill,

Cardon,

Miller (Wilcox),

Carmichael (Colbert),

Moody,

Carnathon,

Oates,

Chapman,

Opp,

Coleman (Walker),

Parker (Elmore),

Craig,

Pearce,

Davis (DeKalb),

Phillips,

Dent,

Pitts,

Espy,

Reynolds (Henry),

Ferguson

Robinson,

Foshee,

Rogers (Sumter),

Glover,

Sanders,

Greer (Calhoun),

Smith (Mobile),

Handley.

Sollie,

Harrison

Spragins,

Heflin (Chambers),

Vaughan,

Heflin (Randolph),

Waddell,

Henderson,

Walker,

Howze,

Williams I (Barbour),

Inge,

Wilson (Clarke)-48.

NAYS.

Messrs. Almon,

Byars,

Ashcraft,

Carmichael (Coffee),

Banks,

Case,

Barefield,

Cobb,

Bartlett,

Cornwell,

Beavers,

Cunningham,

Beddow,

deGraffenried,

Blackwell,

Duke,

Brooks,

Eyster,

Bulger,

Fletcher,

Burnett,

Poster,

Burns,

Gilmore,


431

CONSTITUTIONAL CONVENTION.

Graham (Montgomery),

O’Neill (Jefferson),

Graham (Talladega),

O’Rear,

Grant,

Palmer,

Grayson,

Parker (Cullman),

Haley,

Pettus,

Hinson,

Pillans,

Hood,

Porter,

Howell,

Proctor,

Jackson,

Reese,

Jenkins,

Reynolds (Chilton),

Jones (Bibb),

Rogers (Lowndes),

Jones (Montgomery),

Sanford

Jones (Wilcox),

Searcy,

Kirkland,

Selheimer,

Knight,

Sloan

Kyle,

Smith, Mac. A.,

Leigh,

Sorrell,

Locklin,

Spears,

Long (Walker),

Tayloe,

Macdonald,

Thompson,

McMillan (Baldwin),

Watts,

McMillan (Wilcox),

Weakley,

Malone,

Weatherly,

Martin,

White,

Miller (Marengo),

Whiteside,

Morrisette,

Willett,

Mulkey,

Williams (Marengo),

Murphree,

Wilson (Washington),

Norman,

Winn-83.

Norwood,

Mr. Jones, of Montgomery, moved that the substitute be adopted.

The motion prevailed, anal the substitute was adopted.

Mr. Cobb offered the following amendment to the substitute offered by Mr. Jones, of Montgomery:

Strike out the words “it shall be the duty,” and insert “it shall be in the power of the General Assembly.”

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


432

JOURNAL OF ALABAMA

The motion to table was lost: Yeas, 60; nays, 73

YEAS.

Messrs. Ashcraft,

Leigh,

Banks,

Macdonald,

Barefield,

McMillan (Baldwin),

Beddow,

McMillan (Wilcox),

Blackwell,

Malone,

Brooks,

Martin,

Burnett,

Morrisette,

Burns,

Mulkey,

Byars,

Norman,

Carmichael (Coffee),

Norwood,

Case,

O’Rear,

Cunningham,

Palmer,

deGraffenried,

Parker (Cullman),

Duke,

Pettus,

Eyster,

Porter,

Fitts,

Reynolds (Chilton),

Foster,

Rogers (Lowndes),

Gilmore,

Selheimer,

Graham (Montgomery),

Smith, Mac. A.,

Graham (Talladega).

Sorrell,

Grayson,

Spears,

Hinson,

Thompson,

Hood,

Watts,

Howell,

Weakley,

Jackson,

White,

Jenkins,

Whiteside,

Jones (Montgomery),

Willett,

Jones (Wilcox),

Williams (Marengo),

Knight,

Wilson (Washington)

Kyle,

Winn-60.

NAYS.

Messrs. President,

Cardon,

Altman,

Carmichael (Colbert),

Bartlett,

Bethune,

Beaver,

Boone,


433

CONSTITUTIONAL CONVENTION.

Browne,

Long (Walker),

Bulger,

Merrill,

Carnathon,

Miller (Marengo),

Chapman,

Miller (Wilcox),

Cobb,

Moody,

Cofer,

Murphree,

Coleman (Greene),

Oates,

Coleman (Walker),

O’Neal (Lauderdale),

Cornwell,

O’Neill (Jefferson),

Craig,

Opp,

Davis (DeKalb),

Parker (Elmore),

Dent,

Pearce,

Espy,

Phillips,

Ferguson,

Pillans,

Fletcher,

Pitts,

Foshee,

Proctor,

Freeman,

Reynolds (Henry),

Glover,

Robinson,

Grant,

Rogers (Sumter),

Greer (Calhoun),

Samford,

Haley,

Sanders,

Handley,

Sanford,

Harrison,

Searcy,

Heflin (Chambers),

Smith (Mobile),

Heflin (Randolph),

Sollie,

Henderson,

Spragins,

Howze

Vaughan,

Inge,

Waddell,

Jones (Bibb),

Walker,

Jones (Hale),

Weatherly.

Kirk,

Williams (Barbour),

Kirkland,

Wilson (Clarke)-73.

Locklin,

Mr. Weatherly moved to table Section 31, and the pending amendment.

The motion was lost: Yeas, 62; nays, 73


434

JOURNAL OF ALABAMA

YEAS.

Messrs. President,

Jones (Hale),

Altman,

Kirk,

Bethune,

Kirkland,

Boone,

Locklin,

Bulger,

Long (Walker),

Cardon,

Merrill,

Carmichael (Colbert),

Miller (Wilcox),

Carnathon

Moody,

Chapman,

Oates,

Cobb,

O'Neal, (Lauderdale),

Cofer,

Opp,

Coleman (Greene),

Parker (Elmore),

Coleman (Walker),

Pearce,

Craig,

Phillips,

Davis (DeKalb),

Pillans,

Dent,

Pitts,

Duke,

Reynolds (Henry),

Espy,

Robinson,

Ferguson,

Rogers (Sumter),

Fletcher,

Sanders,

Glover,

Sanford,

Greer (Calhoun),

Searcy,

Haley,

Smith (Mobile),

Handley,

Sollie,

Harrison,

Spragins,

Heflin (Chambers),

Vaughan,

Heflin (Randolph),

Waddell,

Henderson,

Walker,

Howze,

Weatherly,

Inge,

Williams, (Barbour),

Jones (Bibb),

Wilson (Clarke)-62.

NAYS.

Messrs. Almon,

Beavers,

Ashcraft,

Beddow,

Banks

Blackwell,

Barefield,

Brooks,

Bartlett,

Browne,


435

CONSTITUTIONAL CONVENTION.

Burnett,

Martin,

Burns,

Miller (Marengo),

Byars,

Morrisette,

Carmichael (Coffee),

Mulkey,

Case,

Murphree,

Cornwell,

Norman,

Cunningham,

Norwood,

deGraffenried,

O’Neill (Jefferson),

Eyster,

O’Rear,

Fitts,

Palmer,

Foshee,

Parker (Cullman),

Foster,

Pettus,

Freeman,

Porter,

Gilmore,

Proctor,

Graham (Montgomery),

Reynolds, (Chilton),

Graham (Talladega),

Rogers, (Lowndes),

Grant,

Sanford,

Grayson,

Selheimer,

Hinson,

Sloan,

Hood,

Smith, Mac. A.

Howell,

Sorrell,

Jackson,

Spears,

Jenkins,

Thompson,

Jones (Montgomery),

Watts,

Jones (Wilcox),

Weakley,

Knight,

White,

Kyle,

Whiteside,

Leigh,

Willett,

Macdonald,

Williams (Marengo),

McMillan (Baldwin),

Wilson (Washington).

McMillan (Wilcox),

Winn-73.

Malone,

RECESS.

Pending the further consideration of the amendment offered by Mr. Cobb, the hour of 1 o’clock p. m. having arrived, the Convention, under the rules, recessed until 3 o’clock this afternoon.


436

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,

Duke,

Almon,

Eyster,

Altman,

Espy,

Ashcraft,

Ferguson,

Banks,

Fitts,

Barefield,

Fletcher,

Bartlett,

Foshee,

Beddow,

Foster,

Blackwell,

Freeman,

Boone,

Glover,

Brooks,

Graham (Montgomery),

Browne,

Graham (Talladega),

Bulger,

Grayson,

Burnett,

Greer (Calhoun),

Burns,

Greer (Perry),

Byars,

Haley,

Cardon,

Harrison,

Carmichael (Colbert),

Heflin (Chambers),

Carmichael (Coffee),

Heflin (Randolph),

Carnathon,

Henderson,

Case,

Hinson,

Chapman,

Hood,

Cobb,

Howell,

Cofer,

Howze,

Coleman (Greene),

Inge ,

Coleman (Walker),

Jackson,

Cornwell,

Jenkins,

Craig,

Jones (Bibb),

Cunningham,

Jones (Hale),

Dent,

Jones (Montgomery),

deGraffenried,

Jones (Wilcox),


437

CONSTITUTIONAL CONVENTION.

Kirk,

Reese,

Kirkland,

Reynolds (Chilton),

Knight,

Reynolds (Henry),

Kyle,

Robinson,

Leigh,

Rogers (Lowndes),

Long (Walker),

Samford,

Lowe (Jefferson),

Sanders,

Lowe (Lawrence),

Sanford,

Macdonald,

Searcy,

McMillan (Baldwin),

Selheimer,

McMillan (Wilcox),

Sloan,

Malone,

Smith (Mobile),

Martin,

Smith, Mac. A.,

Merrill,

Sollie,

Miller ((Marengo),

Sorrell,

Miller (Wilcox),

Spears,

Moody,

Spragins,

Morrisette,

Stewart,

Murphree,

Tayloe,

Norman,

Thompson,

Norwood,

Vaughan,

Oates,

Waddell,

O’Neal (Lauderdale),

Walker,

O’Neill (Jefferson),

Watts,

Opp,

Weakley,

O’Rear,

Weatherly,

Palmer,

White,

Parker (Cullman),

Whiteside,

Parker (Elmore),

Willett,

Pearce,

Williams (Barbour.),

Pettus,

Williams (Marengo),

Pillans,

Wilson (Clarke),

Pitts,

Wilson (Washington).

Porter,

Winn-131

Proctor,

LEAVE OF ABSENCE.

Was granted to Mr. Mulkey for this afternoon.


438

JOURNAL OF ALABAMA

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of unfinished business, which was the consideration of the amendment offered by Mr. Cobb to the substitute offered by Mr. Jones, of Montgomery.

The amendment offered by Mr. Cobb was adopted: Yeas, 68; nays, 59.

YEAS.

Messrs. President,

Henderson,

Altman,

Howze,

Bartlett,

Inge,

Bethune,

Jackson,

Boone,

Jones (Bibb),

Browne,

Jones (Hale),

Bulger,

Kirk,

Cardon,

Kirkland,

Carmichael (Colbert),

Long (Walker),

Carnathon,

Lowe (Jefferson),

Chapman,

Lowe (Lawrence),

Cobb,

Merrill,

Cofer,

Miller (Marengo),

Coleman (Greens),

Miller (Wilcox),

Coleman (Walker),

Moody,

Craig,

Murphree,

Davis (DeKalb),

Oates,

Dent,

O’Neal (Lauderdale),

Espy,

Opp,

Ferguson,

Parker (Elmore),

Fletcher,

Pearce,

Glover,

Phillips,

Grayson,

Pillans,

Greer (Calhoun),

Pitts,

Haley,

Proctor,

Handley,

Reynolds (Henry),

Harrison,

Robinson,

Heflin (Chambers),

Samford,

Heflin (Randolph),

Searcy,


439

CONSTITUTIONAL CONVENTION.

Smith (Mobile),

Vaughan,

Sollie,

Waddell,

Spragins,

Walker,

Stewart,

Weatherly,

Tayloe,

Williams, (Barbour)-68.

NAYS.

Messrs. Ashcraft,

Leigh,

Banks,

Macdonald,

Barefield,

McMillan (Baldwin),

Beddow,

McMillan (Wilcox),

Blackwell,

Malone,

Brooks,

Martin,

Burnett,

Morrisette,

Burns,

Norman,

Byars,

Norwood,

Carmichael (Coffee),

O’Neill (Jefferson),

Cornwell,

O’Rear,

Cunningham,

Palmer,

deGraffenried,

Parker (Cullman),

Duke,

Porter,

Pitts,

Rogers (Lowndes),

Foshee,

Sanford,

Foster,

Selheimer,

Freeman,

Sloan,

Gilmore,

Smith, Mac. A.,

Graham (Montgomery),

Sorrell,

Graham (Talladega),

Spears,

Grant,

Thompson,

Hinson,

Watts,

Hood,

Weakley,

Howell,

White,

Jenkins,

Whiteside,

Jones (Montgomery),

Williams (Marengo),

Jones (Wilcox),

Wilson (Washington).

Knight,

Winn-59.

Kyle,

The question recurred upon the adoption of the substitute as amended.

The substitute was lost.


440

JOURNAL OF ALABAMA

PAIRS ANNOUNCED.

The following pairs were announced:

Mr. Rogers, of Sumter, and Mr. Case; Mr. Sanders and Mr. Pettus.

Messrs. Rogers, of Sumter, and Sanders would vote aye, and Messrs. Case and Pettus would vote nay.

REPORT OF THE COMMITTEE ON RULES.

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

Amend resolution 166 so as to read as follows:

Resolved, That all speeches and amendments to ordinances reported by standing committees be limited to five minute each, whether made before or after the ordering of the previous question.

Mr. Smith, of Mobile, moved that the resolution, as amended, as above set out, be adopted.

Mr. Jones, of Montgomery, offered the following amendment to the substitute for resolution 166:

Provided that time expended in answering questions shall not be deducted from a member’s time.

Mr. Brooks moved that the substitute for resolution 166, reported by the Committee on Rules, and the amendment to said substitute, offered by Mr. Jones, of Montgomery, be laid upon the table to be taken up whenever the Convention desired.

The motion to table prevailed.

ORDINANCE ORDERED ENGROSSED.

Mr. Jones, of Montgomery asked unanimous consent to have the ordinance “To create and define the Executive Department” engrossed.

Consent was given, and the ordinance, was ordered engrossed.

ADJOURNMENT.

The hour of 5 o’clock p. m. having arrived, under the


441

CONSTITUTIONAL CONVENTION.

rules the Convention adjourned until to-morrow morning at 10 o’clock a. m.