THIRD DAY

CONVENTION HALL.

Montgomery, Ala., Thursday, May 23, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. A. L. Andrews of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names:


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CONSTITUTIONAL CONVENTION.

Messrs. President,

Fletcher,

Almon,

Foshee,

Altman,

Foster,

Ashcraft,

Freeman,

Banks,

Gilmore,

Barefield,

Glover,

Bartlett,

Graham (Montgomery),

Beavers,

Graham (Talladega),

Beddow,

Grant,

Bethune,

Grayson Fletcher,

Blackwell,

Greer (Calhoun),

Boone,

Greer (Perry),

Brooks,

Haley,

Browse,

Handley,

Bulger,

Harrison,

Burnett,

Heflin (Chambers),

Burns,

Heflin (Randolph),

Byars,

Henderson,

Cardon,

Hinson,

Carmichael (Colbert),

Hodges,

Carmichael (Coffee),

Hood,

Carnathon,

Howell,

Case,

Howze,

Chapman,

Inge,

Cobb,

Jackson,

Cofer,

Jenkins,

Coleman (Greene),

Jones (Bibb),

Coleman (Walker),

Jones (Hale),

Cornwell,

Jones (Montgomery),

Craig,

Jones (Wilcox),

Cunningham,

King,

Davis (DeKalb),

Kirk,

Davis (Etowah),

Kirkland,

Dent,

Knight,

deGraffenried,

Kyle,

Duke,

Ledbetter,

Eley,

Leigh,

Eyster,

Locklin,

Espy,

Lomax,

Ferguson,

Long (Butler),

Fitts,

Long (Walker),


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Lowe (Jefferson),

Robinson,

Lowe (Lawrence),

Rogers (Sumter),

Macdonald,

Samford,

McMillan (Baldwin),

Sanders,

McMillan (Wilcox),

Sanford,

Martin,

Searcy,

Maxwell,

Selheimer,

Merrill,

Sentell,

Miller (Marengo),

Sloan,

Miller (Wilcox),

Smith (Mobile)

Moody,

Smith, Mac. A.,

Morrisette,

Smith, Morgan M.,

Mulkey,

Sollie,

Murphree,

Sorrell,

NeSmith,

Spears,

Norwood,

Spragins,

Gates,

Stewart,

O’Neal (Lauderdale),

Studdard,

O’Neill (Jefferson),

Tayloe,

Opp,

Thompson,

O’Rear,

Vaughan,

Palmer,

Waddell,

Parker .(Cullman),

Walker,

Parker (Elmore),

Watts,

Pearce,

Weakley,

Pettus,

Weatherly,

Phillips,

White,

Pillans,

Whiteside,

Pitts,

Willett,

Porters,

 Williams (Marengo),

Proctor,

Wilson (Clarke),

Reese,

Wilson (Washington),

Reynolds (Chilton),

Winn.

Reynolds (Henry),

A quorum was present, one hundred and forty-nine delegates having answered to their names.

JOURNAL.

The Journal of yesterday was read and approved.


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CONSTITUTIONAL CONVENTION.

On motion of Mr. Harrison, the reading of the address of Hon. John B. Knox on accepting the Presidency of the Convention, was dispensed with.

RESOLUTIONS.

Mr. Thompson offered the following resolution:

“Resolved, That, in the drawing about to take place, if any delegate be absent, his colleague, if there be one present from such county, shall have the right to select a seat for such absent member. If there is no delegate present from such county, then the Secretary of this Convention shall select a seat for such absent delegate or delegates.”

The rules were suspended, and the resolution was adopted.

Mr. Weatherly offered the following resolution:

“Resolved, That Hon. W. C. Oates, Hon. Thos. G. Jones, Hon. T. W. Coleman, Hon. R. W. Walker, Hon. Dabney Palmer, Hon. John F. Burns, Hon. Joel D. Murphree, and Hon. George P. Harrison be allowed to select their seats before the commencement of drawing for seats.”

The rules were suspended, and the resolution was adopted.

QUESTION OF PRIVILEGE.

Mr. Case arose to a question of personal privilege, and proceeded to state his question of privilege.

Mr. Lowe, of Jefferson, raised the point of order that Mr. Case was not speaking to a question of personal privilege, and that he (Mr. Case) was out of order.

The Chair sustained Mr. Lowe’s point of order.

Mr. Case appealed from the decision of the Chair.

The appeal was not sustained.

REGULAR ORDER.

Mr. Reese demanded the regular order of business, which was the drawing of seats, under the resolution adopted on yesterday, as follows:


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JOURNAL OF ALABAMA

“That in order to equitably assign delegates seats in this Convention, the names of all the delegates be placed in a hat, that one of the pages be blindfolded, and draw one at a time the names from the hat, and that the Secretary, immediately read the name so drawn, and that the party whose name is so read at once select his seat, and after all the seats are so drawn delegates shall have the right to exchange seats, if they desire.”

ASSIGNMENT OF SEATS.

Under the above RESOLUTION, the President ordered the Secretary to proceed with the drawing of seats. Master Joe King was thereupon blindfolded and the names of all the delegates having been placed in the hat, he proceeded to draw therefrom, one at a time, the said names, and the delegates ordered seated.

APPOINTMENT OF COMMITTEES.

The President appointed the following committee, under resolution which was adopted on yesterday:

“Resolved, That a committee of three be appointed by the Chair to wait on the clergymen of this city and to invite them to lead religious services at the opening of the morning session of this body.”

COMMITTEE-Messrs. Howell, Watts, Blackwell.

Also, under the resolution adopted yesterday:

“Resolved, That a special committee of nine members be appointed by the Chair to take into consideration the advisability of contracting with an expert stenographer to report the proceedings of this Convention in full, and the necessary cost thereof, and report the same to the Convention at the beginning of to-morrow’s session.”

COMMITTEE-Messrs. W. C. Oates, Henry Pillans, A. H. Merrill, Cecil Brown, J. Manley Foster, O. R Hood, John T. Ashcraft, James Weatherly.

Also, under the resolution adopted yesterday:

“Resolved, That the President appoint a Committee on Rules of nine members, of which the President shall be chairman, to report the number of subordinate officers, the manner of their selection, and their duties, the


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CONSTITUTIONAL CONVENTION.

order of business, and the rules for the government of this Convention.”

COMMITTEE-Messrs. Knox, Smith (of Mobile), Cunningham, Lomax, Harrison, O’Neal (of Lauderdale), deGraffenried, Browne, J. Thomas Heflin.

RESOLUTIONS.

Mr. O’Neal, of Lauderdale, offered the following resolution:

“Resolved, That the privileges of the Convention be extended to General Joseph Wheeler, and that he be invited to a seat on the floor.”

Mr. Lowe, of Jefferson, moved to table the resolution offered by Mr. O’Neal.

The motion was lost.

Mr. Cunningham raised the point of order that under the rules, the resolution should go to the Committee on Rules.

The point of order was sustained.

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

Mr. Lowe, of Jefferson, offered the following amendment:

“And that all members and ex-members of Congress be admitted to the floor.”

Mr. Bulger moved that the amendment offered by Mr. Lowe, of Jefferson, be tabled, and the motion to table prevailed.

The question recurred on the motion of Mr. O’Neal, of Lauderdale, to suspend the rules, and adopt the resolution, and the motion prevailed.

NOTICE OF RECONSIDERATION OF VOTE.

Mr. Lowe, of Jefferson, gave notice that at the proper time on to-morrow, he would move a, reconsideration of the vote by which the resolution extending the privileges of the floor to General Joseph Wheeler was adopted.

Mr. Rogers, of Lowndes, offered the following resolution:


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JOURNAL OF ALABAMA

“Resolved, That this Convention adjourn every day at 1 o’clock p.m.

The resolution was referred to the Committee on Rules.

Mr. Bulger offered the following resolution:

“That, whereas, Hon. John B. Knox, the distinguished President of this Convention, at the beginning of the permanent organization, delivered a most able and patriotic address, outlining our plans, policies and duties, looking to the framing of a Constitution of our State;

ATherefore, it be resolved that the Secretary of the Convention be, and is hereby directed to have printed five thousand copies of the address for the else of the members of the Convention.”

The resolution was referred to the Committee on Rules.

Mr. Oates offered the following resolution:

That the order to expedite the business of this Convention, the President be authorized to appoint fifteen standing committees as follows, to-wit:

First, a Committee on Bill of Right, of eleven members.

Second, a Committee on State and County Boundaries of eleven members.

Third, a Committee of Legislative Department, of fifteen members.

Fourth, a committee on Judicial Department, fifteen members.

Fifth, a Committee on Executive department, fifteen members.

Sixth, a Committee on Suffrage and Elections of twenty-five members.

Seventh, a Committee on Representation of fifteen members.

Eighth, a Committee on Taxation, fifteen members.

Ninth, a Committee on Education, fifteen members.

Tenth, a Committee on Railroads and Canals, and Private Corporations, fifteen members.

Eleventh, a Committee on Militia, Banks, and Banking and Exempted Property, of thirteen members.


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CONSTITUTIONAL CONVENTION.

Twelfth, a Committee on Oath of Office, Miscellaneous Provisions, and Mode of Amending the Constitution, of thirteen members.

Thirteenth, a Committee on the Schedule to the Constitution, and upon the Mileage and Pay of Delegates, and Incidental Expenditures, of nine members.

Fourteenth, a, Committee on Rules, and Order of Business, of nine members, of which the President of the Convention shall be Chairman.

Fifteenth, a Committee on the Order, Consistency and Harmony of the Whole Constitution, to consist of the chairman of the first thirteen committees above mentioned.

The resolution was referred to the Committee on Rules.

RECESS.

Mr. Smith, of Mobile, moved that the Convention take a recess of twenty minutes for the purpose of allowing the Committee on Rules to meet, and the motion prevailed.

REPORT OF THE COMMITTEE ON RULES.

Mr. Knox, Chairman of the Committee on Rules, submitted the following partial report:

We, the Committee on Rules, beg leave to submit the following partial report:

We recommend-

First-That the sub-ordinance officers shall be as follows: Ten pages, two messengers, one gallery doorkeeper, one enrolling and engrossing clerk, to be appointed by the President of the Convention.

Second-The Secretary may, from time to time, with the approval of the President, appoint such additional clerical assistance as may be necessary.

Third-The following shall constitute the standing committees of the Convention:

(1) RULES, of Which the President shall be Chairman to be composed of nine members, and which shall have the right to report at any time.


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JOURNAL OF ALABAMA

(2) JUDICIARY, to be composed of twenty-five members.

(3) A Committee on the Order, Consistency and Harmony of the Whole Convention, to be composed of twenty-five members.

(4) A Committee on Suffrage and Election, to be composed of twenty-five members.

(5) A Committee on Legislative Departments, to be composed of nineteen members.

(6) A Committee on Local Legislation, to be composed of nineteen members.

(7) A Committee on Education, to be composed of nineteen members.

(8) A Committee on Taxation, to be composed of nineteen members.

(9) A Committee of Executive Departments, to be composed of fifteen members.

(10) A Committee on Preamble and Declaration of Rights, to be composed of fifteen members.

(11.) A Committee on Corporations, composed of fifteen members.

(12) A Committee on Representation, composed of fifteen members.

(13) A Committee on Exemption, to be composed of fifteen members.

(14) A Committee on Militia, to be composed of fifteen members.

(15) A Committee on Banks and Banking, to be composed of fifteen members.

(16) A Committee on Municipal Corporations, to be composed of fifteen members.

(17) A Committee on State and County Boundaries, to be composed of fifteen members.

(18) A Committee on Impeachments, to be composed of fifteen members.

(19) A Committee on Amending the Constitution, and Miscellaneous Provisions, composed of fifteen members.

(20) A Committee on the Journal, composed of five members.


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CONSTITUTIONAL CONVENTION.

(21) A Committee on Schedules, Printing and Miscellaneous Expenses, to be composed of nine members.

Fourth-A majority of each committee shall constitute a quorum.

Fifth-All committees shall be appointed by the President.

Sixth-The following committees shall be entitled to a clerk each, to be appointed by the chairman thereof respectively, whenever, in the opinion of the chairman of either of the said committees, it may be necessary: Rules, Judiciary, Order, Consistency and Harmony of the Constitution, Suffrage and Elections, Education, and Corporations.

Seventh-It shall be the duty of the pages when the Convention is not in session and when directed by the President, to serve the committees.

The report of the committee was adopted.

RESOLUTION.

Mr. Rogers, of Sumter, offered the following resolution:

Resolved, That the Secretary of this Convention procure and have printed, in consolidated form, for the use of its members, five hundred copies of these sections, relating to suffrage in the Constitutions of the following States:

Connecticut, Massachusetts, Maryland, Pennsylvania, North and South Carolina, Mississippi, Louisiana, California, and Utah.

The resolution was referred to the Committee on Rules.

APPOINTMENT OF PAGES AND MESSENGERS.

The President announced the appointment of the following pages and messengers:

PAGES-Master Henry Long, Master Eyster, Master Reese, Master Prowell, Master Gaston, Master Tutwiler, Master Wilson, Master Driver, Master Nest, Master Alley.


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MESSENGERS-Master Joseph King, Master M. J. Bulger.

APPOINTMENT OF ENGROSSING AND ENROLLING CLERK.

The President announced the appointment of Mrs. L. W. Francis, of Jefferson, as engrossing and enrolling clerk.

APPOINTMENT OF DOORKEEPER OF THE GALLERY.

The President announced the appointment of W. H. Manghan, of Calhoun, as doorkeeper of the gallery.

SEATS AND DESKS.

On motion of Mr. DeGraffenreid, the doorkeeper of the Convention was instructed to procure seats and desks for such delegates as had failed to secure them by the drawing.

ADJOURNMENT.

On motion of Mr. DeGraffenreid, the Convention adjourned until 11 o’clock to-morrow morning.