THIRTY-FIRST DAY.

CONVENTION HALL.

Montgomery, Ala., Thursday, June 27, 1901.

The Convention met pursuant to adjournment.

Prayer was offered .by Rev. Dr. Lamar.

ROLL CALL.

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


461

CONSTITUTIONAL CONVENTION.

Messrs. President,

Foster,

Almon,

Freeman,

Ashcraft,

Gilmore,

Banks,

Glover,

Barefield,

Graham (Montgomery),

Bartlett,

Graham (Talladega),

Beavers,

Grant,

Beddow,

Grayson,

Bethune,

Greer (Calhoun),

Blackwell,

Greer (Perry),

Boone,

Haley,

Brooks,

Handley,

Browne,

Harrison,

Bulger,

Heflin, (Chambers),

Burnett,

Heflin (Randolph),

Burns,

Henderson,

Byars,

Hinson,

Cardon,

Hodges,

Carmichael (Colbert),

Hood,

Carmichael (Coffee),

Howell,

Carnathon,

Howze,

Case,

Inge,

Chapman,

Jackson,

Cobb,

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),

Fletcher,

Lowe (Jefferson),

Foshee,

Macdonald,


462

JOURNAL OF ALABAMA

McMillan (Baldwin),

Robinson,

McMillan (Wilcox),

Rogers (Lowndes),

Malone,

Rogers (Sumter),

Martin,

Samford,

Maxwell,

Sanders,

Merrill,

Sanford,

Miller (Marengo),

Searcy,

Miller (Wilcox),

Selheimer,

Moody,

Sentell,

Morrisette,

Sloan,

Mulkey,

Smith (Mobile),

Murphree,

Smith, Mac. A.,

NeSmith

Smith, Morgan M.,

Norman,

Sollie,

Norwood,

Sorrell,

Oates,

Spears,

O’Neal (Lauderdale),

Spragins,

O’Neill (Jefferson),

Stewart,

Opp,

Studdard,

O’Rear,

Tayloe,

Palmer,

Waddell,

Parker (Cullman),

Walker,

Parker (Elmore),

Watts,

Pearce,

Weakley,

Pettus,

Weatherly,

Phillips,

White,

Pillans,

Whiteside,

Pitts,

Williams, (Barbour),

Porter,

Williams (Marengo),

Proctor,

Williams (Elmore),

Reese,

Wilson (Clarke),

Reynolds (Chilton),

Wilson (Washington),

Reynolds (Henry),

Winn-149.

LEAVE OF ABSENCE.

Was granted to Messrs. Handley indefinitely; Lowe, of Lawrence for to-day and to-morrow; Renfro for to-day, Friday and Saturday; Jones, of Montgomery, for to-day; Lomax for yesterday; Altman for to-day; Duke for yesterday afternoon.


463

CONSTITUTIONAL CONVENTION.

REPORT OF THE COMMITTEE ON THE 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 thirtieth day of the Convention and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

RESOLUTIONS.

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

Resolution No. 195, by Mr. Carmichael, of Colbert:

Resolved by the Convention, That the engrossing and enrolling clerk of the Convention be and the same is hereby authorized to employ such assistants as may be necessary to properly discharge the duties of that office.

This resolution shall take effect on and after the 24th day of June.

Resolution No. 196, by Mr. Watts:

Be it resolved: That the privileges of the floor of this Convention are hereby extended to Alabama’s distinguished son, Hon. Hiliary A. Herbert, ex-Secretary of the Navy.

Be it further resolved, That on Friday, the 28th inst., this Convention recess from 12 to 3 p. m. instead of from 1 to 3 p. m., and that the Convention remain in session until 6 p. m. in order that the Alabama Bar Association may have the use of this hall for the purpose of hearing the address of Hon. Hiliary A. Herbert to said association.

Mr. Watts moved that the rules be suspended and that the resolution be adopted.

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

Resolution 197, by Mr. Lomax:

Resolved, That the sum of $7.50 be and the same is


464

JOURNAL OF ALABAMA

hereby appropriated to pay for stenographic work for the Committee on Preamble and Declaration of Rights.

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

Resolution No. 198, by Mr. Ferguson:

A greeting from the people of Alabama to the people of Cuba:

Be it resolved by the people of Alabama, in Convention assembled, That we extend our congratulations to the people of Cuba upon the termination of their woes borne so grievously for so many generations, and we welcome them to the great family of self-governing nations, and hope that some day Cuba, untrammeled, and of her own free will, may become our younger sister in the mighty union of States.

Be it further resolved, That the Department of State at Washington be and is hereby requested to convey through the proper official channels, this testimonial of our good will toward the people of Cuba. That the same may be laid before the Constitutional Convention of the Island of Cuba.

The resolution was referred to the Committee on Rules.

Resolution No. 199, by Mr. Howell:

Resolved, That whatever clerical assistance may be necessary to be employed by the enrolling and engrossing clerk of this Convention, it be paid for at the rate of 15 cents per hundred words for such assistant clerical work.

The resolution was referred to the Committee on Rules.

Mr. Carmichael, of Colbert, offered the following amendment to the resolution 199, which was accepted by the author of said resolution:

Enrolling and engrossing clerk be authorized to employ such clerical assistance as she needs, to he paid for at the rate of 15 cents per 100 words.

Mr. Howell moved that the rules be suspended and that the resolution be adopted.

Mr. Proctor moved to table the resolution.


465

CONSTITUTIONAL CONVENTION.

The motion to table was lost.

Mr. Howze moved to refer the resolution 199 to the Committee on Rules.

The motion prevailed, and the resolution was referred to the Committee on Rules.

MEMORIALS.

A memorial from the Sheriffs’, Clerks’ and Registers’ Association of Alabama was read at length, and the same was upon motion of Mr. Pettus, referred to the Committee on Executive Department.

STENOGRAPHIC REPORT.

Mr. Whiteside called the attention of the Convention to certain errors in the stenographic report of the proceedings of the Convention of yesterday.

The report was ordered corrected.

SPECIAL ORDER.

Mr. Fletcher, chairman of the Committee on Banks and Banking, asked unanimous consent to have the report of the Committee on Banks and Banking, heretofore submitted, set for a special order immediately after the conclusion of the consideration of the report of the Committee on State and County Boundaries.

Consent was granted and the report of the Committee on Banks and Banking was made a special order as above requested.

REPORT OF STANDING COMMITTEES.

LEGISLATIVE DEPARTMENT.

Mr. Oates, chairman of the Committee on Legislative Department, submitted the following report, which was read at length, and placed upon the calendar, and 300 copies of said report were ordered printed:


466

JOURNAL OF ALABAMA

REPORT OF THE COMMITTEE ON LEGISLATIVE DEPARTMENT.

Mr. President:

The Committee on Legislative Department instruct me to report the accompanying ordinance to supply the place of the article in the present Constitution on the subject.

Without deeming it necessary to report specially upon the numerous ordinances and resolutions referred to it, the committee has carefully considered them, and substantially embodied in the new article a number of the propositions which they embrace. The ordinance herewith reported will show to what extent their provisions have been adopted. These ordinances and resolutions are herewith respectfully returned.

The provisions of the following sections of Article IV of the present Constitution are recommended for adoption without change: 4, 6, 7, 10, 11, 12, 13, 14, 16 18, 19, 21, 25, 26, 28, 30, 33, 34, 35, 36, 39, 40, 41, 43, 44 47, 48, 50, 51, 53, 55, and 56 down to and including Section 7, they have identical numbers in both articles. From 10 to 20 inclusive and corresponding matter is incorporated in sections of the new article, numbered in each instance one less than the old; from 25 to 28 inclusive three less, and after 28 two less.

In the following statement, the material changes recommended by your committee are set forth in the order to which they relate to sections of Article IV of the present Constitution as numbered therein.

To conform to the usual and popular expression, the title of the Legislative Department is changed in Section 1 from “General Assembly” to “Legislature” This amendment extends throughout the article.

By an addition to Section 2 the enacting clause of the bills, etc., is not to be repeated, but sectional divisions are to be made, and designated by figures merely. This is done in the interest of brevity, and to prevent needless formality in the style of enactments.

Section 3 is changed in the respect that the terms of Representatives and Senators alike shall be four years.


467

CONSTITUTIONAL CONVENTION.

The provisions of Section 9 for issuance of writs of election by the Governor to fill vacancies is transposed to Section 3. Provision is made that Senators and Representatives shall be elected by the qualified electors on the first Monday in August, 1902, and every four years thereafter, unless the Legislature .shall change the time of holding elections; and that the terms of office of both Senators and Representatives shall be four years. However, as the Senators from the odd numbered districts have still two years to serve, the chairman of this committee recommends that the election of Senators in the even numbered districts at the general election in 1902 shall be for the term of two years only, and that thereafter all the Senators and Representatives shall be elected to serve four years; and he also recommends that the Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries, the Attorney General, and all the Judges and county officers, including Sheriffs, be elected at the general election in 1904, to serve for four years, or, in case of the Judges, said Judges to serve for eight years, should it be deemed advisable to lengthen their terms.

Section 5 is changed so as to provide for quadrennial instead of biennial sessions of the Legislature. In view of the prohibitions to be placed on the legislative power to class local laws, there will be hereafter neither a demand nor a necessity for biennial sessions. The change is recommended on the additional grounds that it will prevent hasty and ill-advised attempts to repeal general laws before they have been long enough in force to admit of a fair test of their merits, and it will also conduce, by removing early opportunity for repeal, to mature and careful deliberation by the Legislature. The tendency to permanency of the legislative enactments will be greatly increased, and much expense saved to the State.

Section 8, is amended so as to add to its present requirements that the House, as well as the Senate, shall elect one of its members Speaker at such times, other


468

JOURNAL OF ALABAMA

than the beginning of the session as may be necessary; and further, that in case of temporary disability of either presiding officer, the House to which he belongs, may elect, from among its members, a temporary presiding officer to take the place of the regular one during the latter’s disability, and to receive, during such time, only the compensation to which the permanent officer is entitled.

Section 9 of the present article, except the portion transferred to Section 3, as hereinbefore indicated, is omitted from the new article.

To prevent lobbying, Section 15, is amended so as to confine the privileges of the floor of either or both Houses, to members of the Legislature, officers and employees of each house, the Governor and his Secretaries, representatives of the press, and such other persons as to whom either House, by unanimous vote, may extend the privileges of its floor.

Section 17 of the new article, all officers, military as well as civil, are included in the prohibition against appointment of Senators and Representatives during the term for which they were elected, to an office created or receiving added emoluments, during such term.

To Section 20 are added the requirements that the reference of bills therein provided for must be to a standing committee of each House, that the action of such committees thereon must be had in session, and that the facts of reference, action in session, and return affirmatively appear on the Journal of each House.

For Section 22 the committee reports a substitute, embodying the requirements of the present section, and extending them to all amendments in either House, with the added requirement that every amendment must be entered at length on the Journal of the House in which the same is adopted.

The matters embraced in Sections 23 and 24 are fully covered by the report of the Committee on Local Legislation and the report supplementary thereto heretofore made by this committee.


469

CONSTITUTIONAL CONVENTION.

To Section 27 are added the requirements that immediately before being signed by the respective presiding officers, every bill shall be read at length, and the fact of such reading and signing entered on the Journals, but that the reading may be dispensed with by two-thirds of a quorum present, which shall be entered on the Journal.

The operation of Section 29 is enlarged to expressly prohibit any county or municipality from increasing the pay of officers, employees, or contractors, after service rendered or contract made.

To Section 31, relating to the origin of revenue bills, is added a requirement that at the beginning of each regular session the Governor, Auditor, Treasurer, and Attorney General shall have prepared a general revenue bill, to be printed by the Secretary of State, and by the Governor laid before the House as soon as organized. This is deemed advisable in aid of the Legislature. A prohibition is added that no revenue bill is to be passed during the last five days of the session, the object being to avoid hasty legislation on matters of such moment, and allow the Governor ample time to consider such bills.

By the amendation of Section 32, no salary is to be increased by the general appropriation bill and no appropriation made for any officer or employee, unless his employment and the amount of his salary have already been provided by law.

To Section 37, is added a provision that by a two-thirds vote of each House, the Legislature, when convened in extra session, may legislate upon subjects other than those designated in the calling proclamation of the Governor.

To the existing provisions of Section 42 are added amendments, which make the offense of corrupt solicitation of members of the Legislature and other officers therein designated, punishable by imprisonment in the penitentiary, and which require the Legislature to provide:


470

JOURNAL OF ALABAMA

First-For the trial and punishment of these and like offenses; and

Second-For the same to be given in charge to the Grand Juries in all the counties of the State.

Section 46 is changed in conformity to less frequent sessions of the Legislature, so as to require a codification of the statutes following that next after ratification of this instrument, once every twelve instead of ten years.

By addition to Section 49, it is made the duty of the Legislature to require the several counties to make adequate provisions for indigent idiots and insane persons.

From Section 52 the committee has struck out the prohibition against the power to tax property of agricultural or horticultural associations, so as to allow the Legislature to impose a tax upon such property. This section is further changed so as to confine the prohibition against taxing school property to that of public schools.

The prohibitions of Section 54 are modified to the extent of permitting the State to construct and own a railroad within its borders. This may become necessary to relieve the people from trusts or monopolies, or from unreasonable exactions on freights and passengers.

Your committee recommend a number of new sections which are restrictive on legislative power, namely:

Against enacting laws for one or more counties, not applicable to all counties in the State; regulating costs and charges of courts and fees of officers;

Against authorizing payment of the salary of a deceased officer beyond the date of his death;

Against retiring any officer on pay, or part pay, or making any grant to such retiring officer;

Against donating, directly or indirectly lands owned by or under the control of the State, and against selling such lands to corporations or associations for less price than subject to sale to individuals;

Against the remittance, release, postponement, diminution or extinguishment of any obligation or lia-


471

CONSTITUTIONAL CONVENTION.

bility of any persons, corporation, or association to this State, or to any political subdivision thereof, unless upon payment into the proper treasury, except that the Legislature is authorized, by general law, to provide for the compromise of doubtful claims.

These prohibitions are comprised in Sections 55 to 59, both inclusive, of the article herewith reported.

Your committee also report other new provisions as follows:

Sec. 27. Limiting aggregate appropriations during any regular session of the Legislature to the income from the revenues of the State for the current fiscal year, as estimated by the Governor and Auditor.

Sec. 60. Requiring the Legislature to provide, by general laws, for location or removal of county seats by a vote of the people.

Sec. 61. Prohibiting State or County officials from lobbying, or otherwise interfering with the usual course of legislation.

Sec. 62. Prohibits the Legislature from ever authorizing miscegenation, by intermarriage of any white person with a negro or descendant thereof, to the third generation inclusive. This is recommended, looking to the preservation of the purity of blood of each of the races.

Section 63 is a new section requiring the Legislature to pass efficient laws for the regulation and reasonable restraint of trusts, monopolies and combinations of capital, so as to protect the people against exorbitant prices upon articles of necessity, and to protect reasonable competition in any calling, trade, or business.

Sec. 64. Prescribing a. new and more appropriate oath of office, to be administered to Senators and Representatives, than the one which they now take.

Respectfully submitted,

WILLIAM C. OATES, Chairman.

An ordinance to create and define the Legislative Department.

Be it ordained by the people of Alabama, in Convention assembled, That Article IV of the Constitution be


472

JOURNAL OF ALABAMA

stricken out, and the following article inserted in lieu thereof:

ARTICLE__

LEGISLATIVE DEPARTMENT.

Section 1. The legislative power of this State shall be vested in a Legislature, which shall consist of a Senate and House of Representatives.

Sec. 2. The style of the laws of this State shall be:

“Be it enacted by the Legislature of Alabama,” which shall not be repeated, but the act shall be divided into sections for convenience, according to substance, and the sections designated merely by figures.

Each law shall contain but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statute; and no law shall be revived, amended or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred, shall be reenacted and published at length.

Sec. 3. Senators and Representatives shall be elected by the qualified electors on the first Monday in August, nineteen hundred and two, and every four years thereafter, unless, the Legislature shall change the time of holding elections; the terms of office of the Senators and Representatives shall be four years, commencing on the day after the general election, except as otherwise provided in this Constitution. Whenever a vacancy shall occur in either House, the Governor shall issue a writ of election to fill such vacancy for the remainder of the term.

Sec. 4. Senators shall be at least twenty-seven years of age, and Representatives twenty-one years of age; they shall have been citizens and inhabitants of their respective counties or districts one year next before their election, if such county or district shall have been so long established; but if not, then of the county or


473

CONSTITUTIONAL CONVENTION.

district from which the same shall have been taken; and they shall reside in their respective counties or districts during their terms of service.

Sec. 5. The Legislature shall meet quadrennially, at the Capitol in the Senate Chamber and in the Hall of the House of Representatives, (except in cases of the destruction of the Capitol, or epidemics, when the Governor may convene them at such place in the State as he may deem best), on the day specified in this Constitution, or on such other day as may be prescribed by law; and shall not remain in session longer than sixty days at the first session held under this Constitution, nor longer than fifty days at any subsequent session.

Sec. 6. The pay of members of the Legislature shall be four dollars per day and 10 cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled.

Sec. 7. The Legislature shall consist of not more than thirty-three Senators, and not more than one hundred members of the House of Representatives; to be apportioned among the several districts as prescribed in this Constitution; provided, that upon the creation of any new county it shall be entitled to one Representative in addition to the number above named.

Sec. 8. The Senate at the beginning of each regular session, at such other times as may be necessary, shall elect one of its members President thereof, to preside over the deliberations in the absence of the Lieutenant Governor; and the House of Representatives, at the beginning of each regular session, and at such other time as may be necessary, shall elect one of its members as Speaker; and the President of the Senate and the Speaker of the House of Representatives shall hold their offices respectively until their successors are elected and qualified. In case of temporary disability of either of said presiding officers, the House to which he belongs may elect one of its members to preside over that House and to perform all the duties of such officer under disability during the continuance of the same; and such temporary officer, while performing duty as


474

JOURNAL OF ALABAMA

such, shall receive only the same compensation to which the permanent officer is entitled by law. Each House shall choose its own officers and shall judge of the election, returns and qualifications of it members.

Sec. 9. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members, in such manner and under such penalties as each House may provide.

Sec. 10. Each House shall have power to determine the rules of its proceedings and to punish its members or other persons, for contempt or disorderly behavior in its presence; to enforce the obedience to its process; to protect its members against violence, or offers of bribe or corrupt solicitation; and with the concurrence of two-thirds of either House, to expel a member, but not a second time for the same offense; and shall have all the powers necessary for the Legislature of a free State.

Sec. 11. A member of either House expelled for corruption shall not thereafter be eligible to either House, and punishment for contempt or disorderly behavior shall not be an indictment for the same offense.

Sec. 12. Each House shall keep a Journal of its proceedings and cause the same to be published immediately after its adjournment, excepting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-tenth of the members present, be entered on the Journal. Any member of either House shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public, or all individual, and have the reasons for his dissent entered on the Journal.

Sec. 13. Members of the Legislature shall, in all cases, except treason, felony, violation of their oath of office, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House


475

CONSTITUTIONAL CONVENTION.

they shall not be questioned in any other place.

Sec. 14. The doors of each House shall be opened except on such occasions as, in the opinion of the House, may require secrecy, but no person shall be admitted to the floor of either House while the same is in session, except members of the Legislature, the officers and employees of the two Houses, the Governor and his secretaries, representatives of the press, and such other persons to whom either House, by unanimous vote, may extend the privileges of its floor.

Sec. 15. Neither House shall, without consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.

Sec. 16. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such terms, except such offices as may be filled by election by the people.

Sec. 17. No person hereafter convicted of embezzlement of the public money, bribery, perjury, or other infamous crime, shall be eligible to the Legislature, or capable of holding any office of trust or profit in this State.

Sec. 18. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either House as to change its original purpose.

Sec. 19. No bill shall become a law until it shall have been referred to a standing committee of each House, acted upon by the committees in session, and returned therefrom, which fact shall affirmatively appear upon the Journal of each House.

Sec. 20. Every bill shall be read on three different days in each House, and no bill shall become a law unless on its final passage it be read at length, and the vote be taken by yeas and nays, the names of the members voting for and against the same to be entered on the Journal, and a majority of each House be recorded thereon as voting in its favor, except as otherwise provided in this Constitution.


476

JOURNAL OF ALABAMA

Sec. 21. No amendment to bills shall be adopted except by a majority of the House wherein the same is offered, nor unless the amendment with the name of those voting for and against the same shall be entered at length on the Journal of the House in which the same is adopted, and no amendment to bills by one House shall be concurred in by the other, unless by a vote taken by yeas and nays, and the names of the members voting for and against the same be recorded at length on the Journal; and no report of a committee of conference shall be adopted in either House, except upon a vote taken by yeas and nays, and entered on the Journal, as herein provided for adoption of amendments.

Sec. 22. The Legislature shall pass general laws under which local and private interests shall be provided for and protected.

Sec. 23. The Legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State; and all acts, or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries and all acts amendatory thereof, or supplemental thereto, are hereby avoided.

See. 24. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, after the same shall have been publicly read at length, immediately before the signing; and the fact of reading and signing shall be entered upon the Journal; but the reading at length may be dispensed with by a two-thirds vote of a quorum present, which fact shall also be entered on the Journal.

Sec. 25. The Legislature shall prescribe the number, duties and compensation of the officers and employees of each House, and no payment shall be made from the State Treasury or be in any way authorized to any person except to an acting officer or employee elected or appointed in pursuance of law.


477

CONSTITUTIONAL CONVENTION.

Sec. 26. The Legislature shall have no power to grant or to authorize or require any county or municipal authority to grant, nor shall any county or municipal authority have power to grant any extra compensation, fee, or allowance to any public officer, servant, or employee, agent or contractor, after services shall have been rendered or contract made; nor shall any officer of the State and the State to the payment of any sum of money but by authority of law.

Sec. 27. During any regular session of the Legislature the aggregate appropriations made shall not exceed in amount the income from the revenues of the State for the current fiscal year, as estimated by the Governor and Auditor.

Sec. 28. All stationery, printing, paper and fuel used in the legislative and other departments of government shall be furnished and the printing and distribution of laws, Journals, department reports and all other printing and binding; and repairing and furnishing the halls and rooms used for the meeting of the Legislature and its committees, shall be performed under contract, to be given to the lowest responsible bidder below a maximum price, and under such regulations as shall be prescribed by law; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the Governor, Auditor and Treasurer.

Sec. 29. All bills for raising revenue shall originate in the House of Representatives; but the Governor, Auditor, Treasurer and Attorney General shall, before each regular session of the Legislature, prepare a general revenue bill, to be submitted to the Legislature for its action, and the Secretary of State shall have printed for the use of the Legislature a sufficient number of copies of the bill so prepared which the Governor shall transmit to the House of Representatives as soon as organized The Senate may propose amendments to revenue bills. No appropriation or revenue bill shall be passed during the last five days of the session.

Sec. 30. The general appropriation bill shall em-


478

JOURNAL OF ALABAMA

brace nothing but appropriations for the ordinary expenses of the Executive, Legislative and Judicial departments of the State, interest on the public debt, and for the public schools. The salary of no officer or employee shall be increased in such bill, nor shall any appropriation be made for any officer or employee unless his employment and the amount of his salary have already been provided for by law. All other appropriations shall be made by separate bill, and each embracing but one subject.

Sec. 31. No money shall be paid out of the Treasury except upon appropriation made by law, and on warrant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually, in such manner as may be by law directed.

Sec. 32. No appropriation shall be made to any charitable or educational institution not under the absolute control of the State, other than normal schools established by law for the professional training of teachers for the public schools of the State, except by vote of two-thirds of all members elected to each House.

Sec. 33. No act of the Legislature shall authorize the investment of any trust fund by executors, administrators, guardians and other trustees in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments heretofore made.

Sec. 34. The power to change the venue in civil and criminal cases is vested in the courts, to be exercised in such manner as shall be provided by law.

See. 35. When the Legislature shall be convened in special session there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session, except by a vote of two-thirds of each House.

Sec. 36. No State office shall be continued or created for the inspection or measuring of any merchandise, manufactured or commodity, but any county or municipality may appoint such officers when authorized by law.


479

CONSTITUTIONAL CONVENTION.

Sec. 37. No act of the Legislature changing the seat of government of the State shall become a law until the same shall have been submitted to the qualified electors of the State at a general election, and approved by a majority of such electors voting on the same; and such act shall specify the proposed new location.

Sec. 38. A member of the Legislature who shall corruptly solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation or person, any money office, appointment, employment, reward, thing of value, or enjoyment, or personal advantage or promise thereof, for his vote or official influence or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall in any way be influenced thereby; or who shall solicit or demand any such money or other advantage, matter or thing aforesaid, for another as the consideration of his vote or official influence, or for withholding the same; or shall give or withhold his vote or influence in consideration of the payments or promise of such money, advantage, matter or thing to another, shall be guilty of bribery within the meaning of this Constitution; and shall incur the disabilities provided thereby for such offense, and such additional punishment as is or shall be provided by law.

Sec. 39. Any person who shall directly or indirectly offer, give or promise any money or thing of value, testimonial, privilege, or personal advantage, to any executive or judicial officer or member of the Legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery and be punished in such manner as shall be provided by law.

Sec. 40. The offence of corrupt solicitation of members of the Legislature or of public officers of this State or of any municipal division thereof, and any occupation or practice of solicitation of such members or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment in the penitentiary; and the Legislature shall provide


480

JOURNAL OF ALABAMA

for the trial and punishment of the offenses enumerated in the two preceding sections, and shall require the Judges to give the same specially in charge to the Grand Juries in all the counties of this State.

Sec. 41. A member of the Legislature who has a personal or private interest in any measure or bill, proposed or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon.

Sec. 42. In all elections by the Legislature, the members shall vote viva voce, and the votes shall be entered on the Journals.

Sec. 43. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties, who may choose that mode of adjustment.

Sec. 44. It shall be the duty of the Legislature, at its first session after the ratification of this Constitution, and within every subsequent period of twelve years, to make provision by law for the revision, digesting and promulgation of the public statutes of this State, of a general nature, both civil and criminal.

Sec. 45. The Legislature shall pass such penal laws as they may deem expedient, to suppress the evil practice of dueling.

Sec. 46. It shall be the duty of the Legislature to regulate by law the cases in which deduction shall be made from the salaries of public officers for neglect of duty in their official capacities, and the amount of such deduction.

Sec. 47. It shall be the duty of the Legislature to require the several counties of this State to make adequate provision for the maintenance of the poor, indigent, idiots and insane persons.

Sec. 48. The Legislature shall not have power to authorize any municipal corporations to pass any laws inconsistent with the general laws of this State.

Sec. 49. In the event of annexation of any foreign territory to this State, the Legislature shall enact laws extending to the inhabitants of the acquired territory


481

CONSTITUTIONAL CONVENTION.

all the rights and privileges which may be required by the terms of the acquisition, anything in this Constitution to the contrary notwithstanding.

Sec. 50. The Legislature shall not tax the property, real or personal, of the State, counties or other municipal corporation, or cemeteries; nor lots in incorporated cities or towns, or within one mile of any city or town, to the extent of one acre, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for public schools or for purposes purely charitable.

Sec. 51. The Legislature shall, by law, prescribe such rules and regulations as may be necessary to ascertain the value of personal and real property, exempted from sale under legal process by this Constitution; and to secure the same to the claimant thereof as selected.

Sec. 52. The State may construct and own works of internal improvement, having for their object the conveyance or transportation of passengers and freight, but shall not sell or mortgage such improvement, nor lend its money or credit in aid of such; nor shall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation.

Sec. 53. The Legislature shall have no power to authorize any county, city, town or other subdivision of this State to lend its credit, or to grant public money or thing of value, in aid of, or to any individual association or corporation whatsoever, or to become a stockholder in any such corporation, association, or company by issuing bonds or otherwise.

Sec. 54. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time or by any statute of this State.

Sec. 55. The Legislature shall not enact any law for one or more counties not applicable to all the counties


482

JOURNAL OF ALABAMA

in the State; increasing the uniform charge for the registration of deeds and conveyances or regulating costs, and charges of courts, or fees, commissions or allowances of public officers.

Sec. 56. The Legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death.

Sec. 57. The Legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer.

Sec. 58. Lands belonging to, or under the control of the State shall never be donated directly or indirectly to private corporations or individuals, or railroad companies; nor shall such lands be sold to corporations or associations for a less price than that for which it is subject to sale to individuals; provided, that nothing contained in this section shall prevent the Legislature from granting a right of way, not exceeding 100 feet in width, as a mere easement, to railroads across State land, and the Legislature shall never dispose of the land covered by said right of way, except subject to said easement.

Sec. 59. No obligation or liability of any person, association or corporation held or owned by this State, or by any county, or other municipality thereof, shall ever be remitted, released, or postponed, or in any way diminished, by the Legislature; nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury; nor shall such liability, or obligation be exchanged or transferred except upon payment of its face value; provided, that this section shall not prevent the Legislature from providing, by general law, for the compromise of doubtful claims.

Sec. 60. The Legislature shall provide, by general laws, for the location or removal of county seats by a vote of the people of the county to be affected.

See. 61. No State or county official shall, at any time during his term of office, accept, either directly or indirectly, any fee, money, office, appointment, employment reward or thing of value, or of personal advan-


483

CONSTITUTIONAL CONVENTION.

tage, or the promise thereof, to lobby for or against any measure pending before the Legislature, or to give or withhold his influence to secure the passage or defeat of any such measure.

Sec. 62. The Legislature shall never pass any law to authorize or legalize any marriage of any white person and a negro or descendant of a negro to the third generation inclusive, though one ancestor of each generation be a white person.

Sec. 63. The Legislature shall provide by law for the regulation and reasonable restraint of trusts, monopolies and combinations of capital, so as to prevent them from making, by such artificial means, articles of necessity, trade or commerce scarce or by increasing the cost thereof to the consumer, or by preventing reasonable competition in any calling, trade or business.

Sec. 64. The Senators and Representatives shall, before entering on their official duties, take the following oath, to-wit: “I, ________, do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and of the State of Alabama and particularly observe and obey all the provisions of the latter relating to the Legislative Department, to the best of my ability, so help me God.”

QUESTION OF PRIVILEGE.

Mr. Brooks arose to a question of privilege as a member of the committee, and challenged the correctness of the report as to Section __ on the subject of trusts, stating that the ordinance introduced by himself on that subject had been adopted by the committee after the subject had been three times considered, and that the chairman of the committee himself voted for it; that the report was not correct as to the action of the committee as to that section.

Mr. Oates, chairman of the Committee on Legislative Department, moved that the ordinance 366, “To define a trust and to prohibit the same in this State,” be printed with the report of the Committee on Legislative Department.


484

JOURNAL OF ALABAMA

The motion prevailed and the ordinance was ordered printed, with the report of the committee.

MINORITY REPORT.

Mr. Oates stated to the Convention that Mr. Weatherly, a member of the Committee on Legislative Department, desired to submit a minority report, and moved that said member of the committee be allowed one day’s time in which to file same.

The motion prevailed, and Mr. Weatherly was granted one day’s time in which to prepare his report.

SPECIAL ORDER.

On motion of Mr. Oates, the report of the Committee on Legislative Department be made a special order for consideration immediately after the conclusion of the consideration of the report of the Committee on Banks and Banking.

The motion prevailed and the report of the committee was set for a special order as above.

AMENDING THE CONSTITUTION AND MISCELLANEOUS PROVISIONS.

Mr. Foster, chairman of the Committee on Amending the Constitution and Miscellaneous Provisions, submitted the following reports, which were read at length and placed upon the calendar and 300 copies of said reports were ordered printed.

Report of the Committee on Amending the Constitution and Miscellaneous Provisions.

Mr. President:

The Committee on Amending the Constitution and Miscellaneous Provisions beg leave to report herewith an ordinance to take the place of Article XVI of the present Constitution.

The only matters in which the report of the commit-


485

CONSTITUTIONAL CONVENTION.

tee differs from the article in the present Constitution are the following:

1. Section II of the article in the present Constitution is made Section 3 in the report.

2. A new section number 2 in the report has been added forbidding the increase or diminution of the compensation of any public officer during the term for which he shall have been elected.

Respectfully submitted,

J. M. FOSTER, Chairman.

An ordinance to amend Article XVI of the Constitution.

Be it ordained by the people of Alabama, in Convention assembled, That Article XVI of the Constitution be stricken out, and the following article inserted in lieu thereof:

ARTICLE-

MISCELLANEOUS PROVISIONS.

1. No person holding an office of profit under the United States, except postmasters, whose annual salaries do not exceed $200, shall, during his continuance in such office, hold any office of profit under this State; nor shall any person hold two offices of profit at one and the same time under this State, except Justices of the Peace, Notaries Public, and Commissioner of Deeds.

2. The salary, fees or compensation of any officer holding any civil office of profit under this State or any county or municipality thereof shall not be increased or diminished during the term for which he shall have been elected or appointed.

3. It is made the duty of the General Assembly to enact all laws necessary to give effect to the provisions of this Constitution.

Report of the Committee on Amending the Constitution and Miscellaneous Provisions.


486

JOURNAL OF ALABAMA

Mr. President:

The Committee on Amending the Constitution and Miscellaneous Provisions beg leave to report herewith an ordinance to take the place of article XVII of the present Constitution

The committee does not report specially upon all ordinances referred to it, but has embodied the ideas of some of them in this report. All ordinances referred to your committee are herewith respectfully returned.

The material particulars in which this report differs from the article in the present Constitution are as follows:

1. Section 1 has been rewritten so as to require the assent of three-fifths of all the members elected to each House of the General Assembly, to proposed amendments before the same can be submitted to the people. The committee was aware that doubt existed as to whether the language of this article in the Constitution required two-thirds of all the members elected to each House, or only two-thirds of a quorum of each House, and that it was susceptible of the latter construction. The committee deemed it best that more than a majority of all the members elected to each House should approve the amendments before they should be submitted, and though it advisable to express the requirement in language that cannot be misunderstood.

2. The General Assembly has been given the option of ordering that the proposed amendments be voted on at a general election, or at a special election called for that purpose, as it might think best.

3. A new section numbered 2 in the report, has been added. This section provides that on the ballot to be used at election on proposed amendments the subject matter of each amendment shall be printed in language which shall clearly indicate the nature of the amendment.

4. Section 2 of the article in the present Constitution is numbered 3 in the report, and has been changed so as to prevent the call of a Constitutional Convention unless such call shall first receive the affirmative vote of a majority of all the members elected to each House


487

CONSTITUTIONAL CONVENTION.

of the General Assembly. This section has also been amended so as to forbid the repeal of an act calling a Constitutional Convention except at the same session of the General Assembly at which the act was passed.

5. A new section, numbered 4 in the report, has been added, requiring an aye and nay vote by the members of the General Assembly on all propositions to amend the Constitution, and to call a Constitutional Convention. This section also makes it plain that the approval of the Governor is not necessary to give validity to any act or resolution of the General Assembly proposing amendments to the Constitution, or calling a Constitutional Convention.

Respectfully submitted,

J. M. FOSTER, Chairman.

An ordinance to prescribe the mode in which the Constitution may be amended.

Be it ordained by the people in Convention assembled, That Article XVII of the Constitution be stricken out, and the following article inserted in lieu thereof:

ARTICLE XVII.

MODE OF AMENDING THE CONSTITUTION.

1. Amendments may be proposed to this Constitution by the General Assembly in the manner following: The proposed amendments shall be read in the House in which they originate on three several days, and if upon the third reading three-fifths of all the members elected to that House shall vote in favor thereof the proposed amendments shall be sent to the other House, in which they shall likewise be read on three several days, and if upon the third reading, three-fifths of all the members elected to that House shall vote in favor of the proposed amendments, the general Assembly shall order an election by the qualified electors of the State upon such proposed amendment to be held either at the general election next succeeding the session of the General Assem-


488

JOURNAL OF ALABAMA

bly at which the amendments are proposed or upon another day appointed by the General Assembly not less than three months after adjournment of the session of the General Assembly at which the amendments are proposed. Notice of such election, together with the proposed amendments shall be given by proclamation of the Governor, which shall be published, in every county in such manner as the General Assembly shall direct, for at least eight weeks successively next preceding the day appointed for such election. On the day so appointed an election shall be held for the vote of the qualified electors of the State on the proposed amendments. If such election be held on the day of the general election, the officers of the general election shall open a poll for the vote of the qualified electors on the proposed amendments; if it be held on a day other than that of a general election, officers for such election shall be appointed and the election shall be held in all things in accordance with the law governing general elections. In all elections upon such proposed amendments the votes cast thereat shall be canvassed, tabulated, and returns thereof made to the Secretary of State, and counted, in the same manner as is done in elections for Representatives in the General Assembly and if it shall thereupon appear that a majority of the qualified electors who voted at such election upon the proposed amendments in favor of the same, such amendments shall be valid to all intents and purposes, as parts of this Constitution. The result of such election shall be made known by proclamation of the Governor.

2. Upon the ballots to be used at all elections provided in Section 1 of this article, the substance or subject matter of each proposed amendment shall be printed so that the nature thereof shall be clearly indicated, following each proposed amendment on the ballot shall be printed the words “Yes” and immediately following that shall be printed the word “No.” The choice of the elector shall be indicated by a cross mark before the answer he desires.

3. No convention shall hereafter be held for the pur-


489

CONSTITUTIONAL CONVENTION.

pose of altering or amending the Constitution of this State, unless after the General Assembly, by a vote of a majority of all the members elected to each House, has passed an act or resolution calling a Convention for such purpose, the question of Convention or No Convention shall first be submitted to a vote of all the qualified electors of the State, and approved by a majority of those voting at such election. No act or resolution of the General Assembly calling a convention for the purpose of altering or amending the Constitution of this State shall be repealed except upon the vote of a majority of all the members elected to each House at the same session at which such act or resolution was passed.

4. All votes of the General Assembly upon proposed amendments to this Constitution, and upon bills or resolutions calling a Convention for the purpose of altering or amending the Constitution of this State shall be taken by yeas and nays and entered on the Journals. No act or resolution of the General Assembly passed in accordance with the provisions of this article proposing amendments to this Constitution, or calling a convention for the purpose of altering or amending the Constitution of this State shall be submitted for the approval of the Governor, but shall be valid without his approval.

Report of the Committee on Amending the Constitution and Miscellaneous Provisions.

Mr. President:

Your Committee on Amending the Constitution and Miscellaneous Provisions, to which was referred ordinance No. 390, by Mr. Spears, of St. Clair, has instructed me to report favorably the accompanying substitute for said ordinance. The committee was not unanimous as to the policy of adopting this ordinance, some of its members reserving the right to oppose its adoption.

Under instructions from the Committee, the chairman reports, for the information of the Convention, the facts showing the necessity of a court house in the district affected, without recommendation as to the policy of adopting ordinances which are local in their


490

JOURNAL OF ALABAMA

operation and within the province of the Legislature.

St. Clair county is divided into two parts by Back Bone mountain, which runs entirely across the county from east to west. The two portions into which it is thus divided are nearly equal in area and population, while the larger portion of the wealth of the county is in that portion which lies south of the mountain. A greater portion of the litigation in the county originates in the territory south of the mountain, and a greater number of the parties and witnesses who attend the courts in St. Clair county are from that territory. The mountain is rugged and barren, and not inhabited. Immediately north of the mountain stretches a level plain called “The Flat Woods,” which is also barren and uninhabited, and which in wet weather is boggy and difficult of passage. The roads over the mountain and through “The Flat Woods” are almost impassable, and the character of the country over which they run is such that the revenues of the county are insufficient to put them in good condition. The only railroad route between the portion of the county affected by this ordinance and the county seat is by way of Birmingham, a distance of 80 miles. There is no trade between the residents on the south side of the mountain and the county seat. Attendance upon court is about the only business which takes people living on the south side of the mountain to the county seat. The people on both sides of the mountain seem to be practically united in the desire for a court house on the south side of the mountain.

The above facts are stated upon information obtained from reputable citizens of St. Clair county who have been before your committee. These gentlemen were all Democrats except Col. Spears, who introduced the ordinance. This fact is stated so that the Convention may be informed that the adoption of this ordinance is desired by all the people, and not by those of one political faith only.

The committee has had before it letters from the Probate Judge and Circuit Clerk of St. Clair county, from


491

CONSTITUTIONAL CONVENTION.

the Solicitor of the circuit which embraces that county, and from other prominent citizens of the county, among others Judge Inzer and Judge Greene, all recommending the adoption of this ordinance, if the Convention sees fit to take up any matter of this kind.

Respectfully submitted,

J. M. FOSTER, Chairman.

An ordinance to provide for the establishment of a court house and jail at some point to be determined by an election by the people, in that portion of St. Clair which lies south and southeast of Back Bone mountain, and which is embraced in precincts numbered 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21, in said county.

Be it ordained by the people of Alabama, in Convention assembled:

First-That it shall be the duty of the Probate Judge of St. Clair county to order an election to be held in precincts numbered 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21, in St. Clair county, not later than sixty days after the ratification of the Constitution to be submitted by this Convention, for a vote of the qualified electors in said precincts, at which a court house and jail shall be erected and maintained. Officers for such election shall be appointed, and the election, in all things in accordance with the law governing general elections. Upon the ballot to be used at such election the names of all places to be voted on shall be printed, and the choice of the elector shall be indicated by a cross mark before the place of his choice. The votes cast at such election shall be canvassed, tabulated, returns thereof made, and counted, in the same manner as is done in elections for Sheriff and other county officers. At the place receiving the highest number of votes at such election there shall be erected and maintained a court house and jail for the trial of all cases, and the transactions of all legal business originating in said precincts 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21.

The venue of all actions and suits (other than such as are to be tried before Justices of the Peace), in which


492

JOURNAL OF ALABAMA

only residents of that portion of said St. Clair which lies south and southeast of Back Bone mountain, are defendants, shall, except as otherwise provided by law, be at the court house herein provided for; provided, however, that Asheville, in St. Clair county, shall continue to be the county seat until changed by vote of the qualified electors residing in that part of St. Clair county which lies north and northwest of said Back Bone mountain.

2. The Court of County Commissioners of St. Clair county shall, at its first regular meeting after the election provided for in Sec. 1 of this ordinance, take all the necessary steps and make all necessary orders to issue and sell bonds of St. Clair county to the amount of $10,000, the proceeds to be used only for the erection and equipment of such court house and jail, or to provide by other means a sufficient amount of money to erect a suitable court house and jail at the place which shall have been selected in accordance with said Section 1, and to properly equip and furnish the same with record books and other necessary equipments; provided, however, that if said Court of County Commissioners shall levy a tax for such purpose, such tax shall be levied on all taxable property in said county, but all of such tax shall not be levied and collected in one year. And provided further, that such court house and jail shall be completed in every way and shall be ready for the holding of court and the transaction of legal business on or before the first day of the spring term, 1903, of the Circuit Court of St. Clair county.

3. The Sheriff, Probate Judge, Circuit Clerk, Register in Chancery, Tax Assessor, Tax Collector, and Superintendent of Education of St. Clair county, shall keep offices in the court house which shall be built in accordance with the provisions of this ordinance.

4. The General Assembly at its first meeting after the ratification of the Constitution to be submitted to the people by this Convention, shall enact laws regulating the holding of courts at the court house provided for in this ordinance.


493

CONSTITUTIONAL CONVENTION.

5. This ordinance shall be valid and effective if the Constitution which shall be framed by this Convention be ratified by the people. Otherwise it shall be void.

SCHEDULE, PRINTING AND INCIDENTAL EXPENSES.

Mr. Heflin, of Randolph, chairman of the committee, submitted the following report, which was laid upon the table, and 300 copies of the same were ordered printed:

Mr. President:

The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following partial report, viz.:

The committee have audited the accounts hereto attached, and find that the State of Alabama is indebted to the Brown Printing Company, of Montgomery, Ala., in the sum of $255.25. We find that said State is indebted to Marshall & Bruce, of Nashville, Tenn., the sum of $12. We also find that said State is indebted to Ed. C. Fowler Co., of Montgomery, Ala., in the sum of $24.75.

All of the above amounts are for articles furnished the State of Alabama for the use of the Constitutional Convention, and all of the above amounts are itemized as shown by bills hereto attached. Total amount, $302. And we recommend the payment of the same, all of which is respectfully submitted.

JOHN T. HEFLIN,

Chairman of Committee on Schedule, Printing and Incidental Expenses.

REPRESENTATION.

Mr. Pitts, chairman of the Committee on Representation, submitted the following report, which was read at length, and placed upon the calendar, and 300 copies of the report were ordered printed:

REPORT OF THE COMMITTEE ON REPRESENTATION.

Mr. President:

The Committee on Representation instructs me to


494

JOURNAL OF ALABAMA

submit the following ordinance for, adoption as Article-of the Constitution of the State of Alabama, viz.:

ARTICLE-

Section 1. The whole number of Senators shall be not less than one-fourth, or more than one-third of the whole number of Representatives.

Sec. 2 The House of Representatives shall consist of not more than one hundred and five members, unless new counties are created, in which event each county shall be entitled to one Representative. The members of the House of Representatives shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States; which apportionment when made shall not be subject to alteration until the next session of the General Assembly after the next decennial census of the United States shall have been taken.

Sec. 3. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United states in the year 1910, and after each subsequent decennial census, to fix by law the number of Representatives, and apportion them among the several counties of the State, according to the number of inhabitants in them respectively; provided that each county shall be entitled to at least one Representative.

Sec. 4. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United States in the year 1910, and after each subsequent decennial census, to fix by law the number of Senators, and to divide the State into as many Senatorial districts as there are Senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one Senator, and no more; and which districts, when formed shall not be changed until the next apportioning session of the General Assembly after the next decennial census of the United States shall have been taken; pro-


495

CONSTITUTIONAL CONVENTION.

vided, that counties created after the next preceding apportioning session of the General Assembly may be attached to Senatorial districts. No county shall be divided between two districts, and no district shall be made of two or more counties not contiguous to each other.

Sec. 5. Should the decennial census of the United States, from any cause, not be taken, or if when taken, the same, as to this State, is not fully satisfactory, the General Assembly shall have power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabitants of this State, and once in each ten years thereafter, upon which it shall be the duty of the General Assembly to make the apportionment of Representatives and Senators, as provided for in this article.

Sec. 6. Until the General Assembly shall make an apportionment of Representatives among the several counties, at its first session after the taking of the decennial census of the United States in the year nineteen hundred and ten, as herein provided the counties of Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, Escambia, Fayette, Franklin, Geneva, Greene, Lamar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, St. Clair, Shelby, Washington and Winston shall each have one Representatives the counties of Barbour, Bullock, Butler, Calhoun, Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega Tallapoosa, Tuscaloosa, Walker and Wilcox shall each have two Representatives; the counties of Dallas and Mobile shall each have three Representatives; the county of Montgomery shall have four Representatives; and the county of Jefferson shall have seven Representatives.

Sec. 7. Until the General Assembly shall divide the State into Senatorial districts, as herein provided, the Senatorial districts shall be as follows:


496

JOURNAL OF ALABAMA

First district, Lauderdale and Limestone; Second district, Lawrence and Morgan; Third district, Blount, Cullman and Winston; Fourth district, Madison; Fifth district, Jackson and Marshall; Sixth district, Etowah and St. Clair; Seventh district, Calhoun; Eighth district, Talladega; Ninth district, Chambers and Randolph ; Tenth districts, Tallapoosa and Elmore; Eleventh district, Tuscaloosa; Twelfth district, Fayette, Lamar, and Walker; Thirteenth district, Jefferson; Fourteenth district, Pickens and Sumter; Fifteenth district, Autauga, Chilton and Shelby; Sixteenth district, Lowndes; Seventeenth district Butler, Conecuh and Covington; Eighteenth district, Bibb and Perry; Nineteenth district, Choctaw, Clarke and Washington; Twentieth district Marengo; Twenty-first district, Baldwin, Escambia and Monroe; Twenty-second district, Wilcox; Twenty-third district, Henry; Twenty-fourth district, Barbour; Twenty-fifth district, Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and Macon; Twenty-seventh district, Lee and Russell; Twenty-eighth district, Montgomery; Twenty-ninth district, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and Marion; Thirty-second district, Greene and Hale; Thirty-third district, Mobile; Thirty-fourth district, Cleburne, Clay and Coosa; Thirty district, Dale and Geneva.

I return herewith all ordinances referred to committee.

P.H. PITTS.

Chairman Committee on Representation.

Mr. President:

I submit herewith with a report of a minority of the Committee on Representation.

P. H. PITTS.

Chairman Committee on Representations.

MINORITY REPORT OF COMMITTEE ON REPRESENTATION

The minority of the Committee on Representation dissent from the recommendations of the majority, and


497

CONSTITUTIONAL CONVENTION.

recommend that the number of Representatives remain, one hundred, and the Senators thirty-three.

That the apportionment of Senators and Representatives remain as they are until the next session of the General Assembly, which may reapportion them, and after the decennial census of 1910 shall reapportion them.

J. W. GRAYSON,

C. H. GREER.

MINORITY REPORT OF COMMITTEE ON REPRESENTATION.

Mr. President:

The undersigned, members of the Committee on Representation beg leave to submit the following report:

We recommend that Section 2 be amended by striking out the words “one hundred and five members,” and insert “one hundred members;” also by striking out the words “next session” and insert “first session.”

We also recommend the striking out all the first part of Section 3 down to the words “fixed by law” and insert in lieu “The General Assembly may, after the adoption of this Constitution, and shall after its first session, after each decennial census in the United States thereafter.”

We further recommend the striking out of, all the first part of Section 4 down to the words into as “into as many Senatorial districts” and inserted instead “The General Assembly may, after the adoption of this Constitution, and shall at its first session after each decennial census of the United States thereafter, fix by law the number of Senators, and divide the State.”

We further recommend that Section 6 be amended as follows:

Section 6. Until the General Assembly shall make an apportionment of Representatives among

to several counties, the counties of  Autauga, Baldwin, Bibb, Blount, Butler, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb,


498

JOURNAL of ALABAMA,

Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Lamar Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, Shelby, St. Clair, Walker, Washington, Winston, shall each elect one Representative; the counties of Barbour, Bullock, Calhoun, Chambers, Clarke, Hale, Henry, Jackson, Lee, Lauderdale, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tallapoosa, Tuscaloosa and Wilcox shall each elect two Representatives; the counties of Dallas and Mobile shall each elect three Representatives; the county of Montgomery shall elect four representatives; and the county of Jefferson shall elect six Representatives.

We further recommend that Section 7 be amended as follows:

Sec. 7. Until the General Assembly shall divide the State into Senatorial districts, the Senatorial districts shall be:

First district, Lauderdale and Limestone; Second district, Lawrence and Morgan; Third district, Blount, Cullman and Winston; Fourth district, Madison; Fifth district, Jackson and Marshall; Sixth district, Etowah and St. Clair; Seventh district, Calhoun and Cleburne; Eighth district, Talladega and Clay; Ninth district, Chambers and Randolph; Tenth district, Tallapoosa and Coosa ; Eleventh district, Tuscaloosa; Twelfth district, Layette, Lamar and Walker; Thirteenth district, Jefferson; Fourteenth district, Pickens and Sumter; Fifteenth district, Elmore, Chilton and Shelby; Sixteenth district, Autauga, Lowndes, Seventeenth district, Butler, Conecuh and Covington; Eighteenth district, Bibb and Perry; Nineteenth district, Choctaw, Clarke and Washington; Twentieth district, Marengo, Twenty-first district, Baldwin, Escambia and Monroe; Twenty-second district, Wilcox ; Twenty-third district Henry, Dale and Geneva; Twenty-fourth district, Barbour ; Twenty-fifth district, Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and Macon; Twenty-seventh district, Lee, and Russell; Twenty-eighth district, Montgomery;


499

CONSTITUTIONAL CONVENTION.

Twenty-ninth district, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and Marion; Thirty-second district, Greene and Hale; Thirty-third district, Mobile.

Respectfully submitted,

J. W. GRAYSON,

C. H. GREER.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Taxation.

The question was upon the amendment offered by Mr. White to Section 1 of the Article XI reported by the Committee on Taxation.

Mr. White offered the following substitute for the pending amendment:

No tax shall be imposed or license required of the manufacturer or producer of any commodity or merchandise for selling or exchanging the same, and no inspection tax or license shall be imposed for the inspection or analyzing of any such commodity or merchandise in excess of the reasonable cost of such inspection or analysis; provided, the tag tax now imposed by law may remain in force until September 30th, 1903; and provided further, that the provisions of this section shall not apply to the manufacture of vinous, spirituous or malt liquors.

RECESS.

Pending the further consideration of the report of the Committee on Taxation, and the pending amendments, the hour of 1 o’clock arrived, and under the rules the Convention recessed until 3 o’clock this afternoon.


500

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,

Davis (Etowah),

Almon,

Dent,

Ashcraft,

deGraffenried,

Banks,

Duke,

Barefield,

Eley,

Bartlett,

Eyster,

Beavers,

Espy,

Beddow,

Fitts,

Bethune,

Fletcher,

Blackwell,

Foshee,

Boone,

Foster,

Brooks,

Freeman,

Browne,

Gilmore,

Bulger,

Glover,

Burnett,

Graham (Montgomery),

Burns,

Graham, (Talladega),

Byars,

Grant,

Cardon,

Grayson,

Carmichael (Colbert),

Greer (Calhoun),

Carmichael (Coffee),

Greer (Perry),

Carnathon,

Haley,

Case,

Harrison,

Chapman,

Heflin (Chambers),

Cobb,

Heflin (Randolph),

Cofer,

Henderson,

Coleman (Greene),

Hodges,

Coleman (Walker),

Hood,

Cornwell,

Howell,

Craig,

Howze,

Cunningham,

Inge,

Davis (DeKalb),

Jackson,