__________

FIFTH DAY.

CONVENTION HALL.

Montgomery, Ala., Monday, May 27, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Neal Anderson of the city.

ROLL CALL.

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

Messrs. President,

Blackwell,

Almon,

Boone,

Altman,

Brooks,

Banks,

Browne,

Barefield,

Bulger,

Bartlett,

Burnett,

Beddow,

Burns,

Bethune,

Byars,


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Cardon,

Jones (Bibb),

Carmichael (Colbert),

Jones (Hale),

Carmichael (Coffee),

Jones (Montgomery)

Carnathon,

Jones (Wilcox),

Case,

Kirk,

Chapman,

Kirkland,

Coleman (Greene),

Knight,

Coleman (Walker),

Kyle,

Cornwell,

Leigh,

Cunningham,

Lomax,

Davis (DeKalb),

Long (Butler),

Davis (Etowah),

Lowe (Lawrence),

Dent,

Macdonald,

deGraffenried,

McMillan (Wilcox),

Eley,

Malone,

Eyster,

Martin,

Espy,

Miller (Marengo),

Ferguson,

Miller (Wilcox),

Fitts,

Moody,

Fletcher,

Morrisette,

Foshee,

Mulkey,

Foster,

NeSmith,

Freeman,

Norman,

Gilmore,

Norwood,

Glover,

Oates,

Graham (Montgomery),

O’Neal (Lauderdale),

Graham (Talladega),

O’Neill (Jefferson),

Grant,

Opp,

Grayson,

O’Rear,

Greer (Calhoun),

Palmer,

Handley,

Parker (Elmore),

Harrison,

Pettus,

Henderson,

Phillips

Hinson,

Pillans,

Hodges,

Pitts,

Hood,

Porter,

Howell,

Proctor,

Howze,

Reese,

Inge,

Renfro,

Jackson,

Reynolds (Chilton),

Jenkins,

Reynolds (Henry),


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Rogers (Lowndes),

Studdard,

Rogers (Sumter),

Tayloe,

Samford,

Thompson,

Sanford,

Vaughan,

Searcy,

Walker,

Selheimer,

Watts,

Sentell,

Weakley,

Sloan,

Weatherly,

Smith (Mobile),

White,

Smith, Mac. A.,

Whiteside,

Smith, Morgan M.,

Williams (Barbour),

Sollie,

Williams (Marengo),

Spears,

Williams (Elmore),

Spragins,

Wilson (Clarke),

Stewart,

Winn.

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

LEAVES OF ABSENCE.

Was granted to Messrs. Ledbetter, Sanders, Craig, Ashcraft, Parker of Cullman, Greer of Perry, and Waddell for to-day; to Messrs. Long of Walker, Locklin, Cofer, Haley and Pearce for to-day and to-morrow; to Messrs. Harrison and Renfroe for three days.

JOURNAL.

On motion of Mr. Pettus the reading of the Journal was dispensed with, and the same was referred to the Committee on the Journal.

REPORT OF THE COMMITTEE ON RULES.

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


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CONSTITUTIONAL CONVENTION.

RULES OF THE CONSTITUTIONAL CONVENTION

1901.

DUTIES AND RIGHTS OF THE PRESIDENT.

Opening of Daily Sessions.

Rule 1.-The President shall take the chair every day at the hour fixed on the preceding adjournment; shall immediately call the delegates to order, and proceed with the regular order of business.

Order: Discussion of Points of: Appeals Therefrom.

Rule 2.-He shall preserve order and decorum; may speak to points of order in preference to other delegates, rising from his chair for that purpose. He shall decide questions of order, subject to an appeal to the Convention, at the request of any delegate; which appeal shall be decided without debate, except that the delegate taking the appeal, or any other delegate to whom he may yield, may speak to the appeal not exceeding five minutes. An appeal shall not be put to the Convention unless it is seconded.

Questions, How Put and Decided.

Rule 3.-He shall rise to put a question, but may state it sitting. All questions shall be distinctly put in this form, viz: “Those in favor of (as the question may be) say aye,” and after the affirmative vote is expressed “those opposed to the motion say no.” If the President doubts, or a division is called for before a decision is announced, they shall divide. Those in the affirmative of the question shall rise from their seats; and afterwards those in the negative. The President shall then state the decision of the Convention.

May substitute temporary President.

Rule 4.-He shall have a right to name any delegate to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.



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Calendar.

RULE 5.-The President shall, whenever he deems it necessary for the speedy dispatch of business, order the calendar printed for the use of delegates.

Signature of President, Etc.; to What Required.

RULE 6.-All ordinances which have been finally acted upon by the Convention, shall be signed by the President, and all other acts of the Convention, except resolutions, which it may become necessary to reduce to writing, shall be evidenced by the signature of the President, attested by the Secretary.

OFFICERS OTHER THAN PRESIDENT.

Officers and Employees; Terms of.

RULE 7.-All officers and employees appointed or elected by the Convention, shall hold their offices at the pleasure of the Convention only, and the clerks of committees at the pleasure of the committee for which they were appointed.

Journal; Endorsement of Resolution, Ect; Documents.

RULE 8.-The Secretary shall keep a correct journal of the proceedings of the Convention in a well-bound book, to be provided for that purpose, and shall read the same daily to the Convention, if required. He shall be responsible to the Convention for the accuracy of the journal, and for the faithful and prompt execution of the work ordered by the Convention. He shall endorse all resolutions and orders proper to be endorsed; he shall keep in his charge all documents in the custody of the Convention, and keep them in order, and shall perform such other duties as may be required by the Convention.

Register of Ordinances.

RULE 9.-The Secretary shall keep a register of ordinances, which shall show the title of each ordinance in the order in which it was introduced, and the several


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actions of the Convention shall be noted, with the date of the action, immediately below the title. He shall keep an index to the register, arranged according to the names of the delegates, and also the subject matter of the ordinances.

Sergeant-at-Arms; Door-Keeper.

RULE 10.-The door-keeper shall perform the duties of Sergeant-at-Arms. He shall execute the orders of the President and of the Convention. He shall keep in order the hall. He shall keep the door of the hall, and perform such other duties as may be required of him.

RULES OF DECORUM AND DEBATE.

Delegates Shall Address Chair.

RULE 11.-When any delegate is about to speak or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to the President.

Calling Delegate to Order.

RULE 12.-If any delegate transgress the rules of this Convention, the President shall, or any delegate may, call him to order; in which case the delegate so called to order, if speaking, shall immediately sit down, unless permitted to explain. The point of order raised shall be stated when the delegate is called to order, and decided by the President, and the Convention shall, if appealed to, decide on the case, but without debate. If the decision be in favor of the delegate called to order he shall be at liberty to proceed; if the decision be against him, and he refuses to obey, the President may direct the Sergeant-at-Arms to seat him or remove him from the floor of the Convention, and he may be liable to the censure of the Convention.


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Recognition by the Chair.

RULE 13.-When two or more delegates happen to rise at the same time, the President shall name the person who is first to speak.

Speeches; Number and Length of; Exceptions.

RULE 14.-No delegate shall speak more than once to the same question, nor more than half an hour at anytime, without leave of the Convention, unless he be the mover or chairman of the committee proposing the matter pending, in which case he shall be permitted to speak in reply, but not until every delegate choosing to speak shall have spoken.

Respect to Chair and Delegates; Visiting Secretary’s Desk.

RULE 15.-While the President is putting any question or addressing the Convention, no person shall walk out of or across the hall of the Convention; nor in such case, or when a delegate is speaking, shall entertain private discourse, nor while a delegate is speaking shall pass between him and the Chair. Every delegate shall remain uncovered during the session of the Convention. No delegate or other person shall visit or remain by the Secretary’s table while the yeas and nays are being called, or ballots are being counted.

Personalities.

RULE 16.-Delegates shall particularly forbear personal reflections; nor shall any delegate name another in argument or debate.

Previous Question.

RULE 17.-The previous question shall be in the following form: “Shall the main question be now put?” If demanded by a vote of a majority of the delegates present, its effect shall but to cut off all debate and bring


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the Convention to a direct vote, but the mover of the question, or the chairman of the committee having charge of the bill or resolution, shall have the right to close the debate, after the call for the previous question has been sustained, for not more than thirty minutes, unless the Convention extends the time. The demand for the previous question may be limited by the mover to any subsidiary motion or motions not of a higher rank than the motion for the previous question, or made to apply to the main question and all subsidiary motions.

Motion for Previous Question; Incidental Points of Order Pending.

RULE 18.-On a previous question there shall be no debate. All incidental questions of order arising after a motion is made for the previous question, and pending such motion shall be decided, whether on appeal or otherwise, without debate.

Smoking.

RULE 19.-No person shall be allowed to smoke within the house, lobby or gallery.

Applause.

RULE 20.-No applause shall be permitted, either on the floor or in the gallery of the Convention.

Lobby or Gallery May Be Cleared.

RULE 21.-In case of any disturbance or disorderly conduct in the lobby or gallery, the President shall have the power to order the same to be cleared.

ORDER OF BUSINESS.

Order of Business.

RULE 22.-The following shall be the order of business in the Convention:

1. Call to order.


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2. Prayer.

3. Ascertainment of quorum.

4. Report of Committee on Journal.

5. Approval of Journal.

6. Call of the roll in alphabetical order for the introduction of resolutions, memorials, petitions and ordinances, and their proper reference.

7. Reports of standing committees.

8. Reports of special committees.

9. Unfinished business.

10. Special orders.

11. Consideration of ordinances and resolutions which have been reported from committees.

12. Miscellaneous.

If the call of the roll for the introduction of resolutions, etc, is not completed on any day, it shall be resumed on the next day where left off on the preceding day. This provision shall also apply to reports of standing committees.

RESOLUTIONS AND MOTIONS AND THEIR PRECEDENCE.

Motions; Stated or Read; When to Be in Writing.

RULE 23.-When a motion is made, it shall be stated by the President; or if in writing, shall be read aloud by the Secretary; and every motion shall be reduced to writing if the President or any delegate request it.

Withdrawal of Motions.

RULE 24.-After a motion is stated by the President, or read by the Secretary, it shall be deemed in the possession of the Convention, but may be withdrawn by leave of the Convention, at any time before decision.

Precedence of Motions.

RULE 25.-When a question is before the Convention, motions may be received in the following order, to-


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wit: First, to fix the time to which the Convention shall adjourn; second, to adjourn; third, to lay on the table; fourth, for the previous question; fifth, to postpone to a certain day, not beyond the probable duration of the session; sixth, to commit; seventh, to amend; eighth, to indefinitely postpone. When several motions shall have precedence in the order in which they are arranged and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the sane day and at the same stage of the motion or proposition.

Motion to Adjourn.

RULE 26.-A motion to adjourn shall always be in order, even in the absence of a quorum, except when on the call for the previous question, the main question shall have been ordered, or when the Chair is stating a question, or when the roll is being called or has been called, and the vote has not been announced, or when a vote is being verified, or when a member has the floor,-and such motion shall be decided without debate.

Reconsideration.

RULE 27.-When a vote has passed, except on the previous question, or on motion to lay on the table, or to take from the table, it shall be in order for any delegate who voted with the majority to move for a reconsideration thereof on the same day, or within the morning lesson of the succeeding day, and such motion, if made on the same day, shall be considered on the next succeeding day immediately after the approval of the Journal; but if first moved on such succeeding day, it shall be forthwith considered; and when a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be twice reconsidered. A motion to reconsider a vote, upon any incidental or subsidiary question, shall not remove the main subject under consideration from the house, but shall be considered at the time when it is made.


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Reference of Resolutions.

RULE 28.-All resolutions, before they are voted on, shall be referred to and reported from the Committee on Rules.

Reference; Standing Has Precedence of Special Committee on.

RULE 29.-When motions are made for the reference of a subject to a select committee and a standing committee, the question for the reference to a standing committee shall be first put.

Special Orders.

RULE 30.-Any matter may, by a vote of the majority present, be made the special order for any hour, which shall take precedence, at that hour, of any other business except a motion to reconsider.

Blanks; Filling in.

RULE 31.-Motions to fill blanks shall be considered and treated as other amendments.

Table; Effect of Motion to.

RULE 32.-A motion to table shall carry to the table only the amendment, question or questions to which it is addressed.

RIGHT AND DUTIES OF DELEGATES.

Absentees; Call of the House; Quorum.

RULE 33.-Twenty-five delegates shall have power to send for absent delegates, or to move a call of the house; but no call of the house shall be made except on the concurrence of a majority of the delegates present. A majority of the Convention shall be a quorum to transact business.


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Roll Call; How Made.

RULE 34.-Upon the call of the Convention for taking the ayes and noes on any question, the name of the President shall be first called, and the names of the delegates shall be called alphabetically, and each delegate shall answer from his seat.

Voting; Inquiry of Question Pending.

RULE 35.-When any question is taken by ayes and noes, and it delegate who has been absent returns before the question is decided, he shall be privileged to make inquiry of the subject before the Convention, and record his vote without discussion.

Ayes and Noes; Call for.

RULE 36.-The ayes and noes shall only he ordered when the call therefore is sustained by thirty delegates.

Division of Question.

RULE 37.-Any delegate may call for a division of the question when the sense will admit of it.

Voting by Ayes and Noes; Question Lost if Vote Equally Divided.

RULE 38.-Every delegate may be required to vote on any question before the Convention. When the ayes and noes are ordered, the President shall be first called, and if the Convention be equally divided, the question shall be lost.

Absence of Members.

RULE 39.-No delegate shall absent himself from the session of the Convention, unless he have leave, be sick, or unable to attend.


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Explanation of Vote.

RULE 40.-After a vote has been ordered upon any question, no delegate shall be permitted to explain his vote without the unanimous consent of the Convention.

COMMITTEES.

By Whom Committees Appointed; Quorum; Standing Committees.

RULE 41.-The president shall appoint all committees unless otherwise directed by the Convention. A majority shall constitute a quorum. 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.

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

(3) Order, Consistency and Harmony of the Constitution, to be composed of twenty-five members.

(4) Suffrage and Elections, to be composed of twenty-five members.

(5) Legislative Department, to be composed of nineteen members.

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

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

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

(9) Executive Department, to be composed of fifteen members.

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

(11) Corporations, to be composed of fifteen members.

(12) Representation, to be composed of fifteen members.

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

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


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

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

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

(18) Impeachment, to be composed of fifteen members.

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

(20) Journal, composed of five members.

(21) Schedule, Printing and Incidental Expenditures, to be composed of nine members.

Clerks of Committees.

RULE 42.-The following committees shall be entitled to clerks, to be appointed by the respective chairmen of the Committees, whenever in the discretion of the chairman of either of said committees it may be necessary: Rules, Judiciary, Under, Consistency and Harmony of the Constitution, Suffrage and Elections, Education and Corporations.

Recalling Matter From Committees.

RULE 43.-Any ordinance or resolution may be recalled from a committee by a majority of the whole number of delegates elected to the Convention.

Shall Not Sit During Sessions.

RULE 44.-No committee shall sit during the sitting of the Convention without special leave.

Chairmen of Committees; by Whom Designated.

RULE 45.-The President shall designate who shall be the chairmen of all committees appointed.

Temporary Absence of Chairman.

RULE 46-When the chairman of a committee is sick or unable to perform his duties, or absent from the


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city, the delegate whose name appears second on the committee shall, during the sickness, inability or absence of the chairman, become chairman, and have power to call together the committee for consideration of business.

REGULATIONS GOVERNING ADOPTION OF ORDINANCES.

Introduction, Reference and Printing of Ordinances.

RULE 47.-When any ordinance is introduced it shall be read at length and be referred by the President without a vote being taken, unless otherwise ordered by a two-thirds vote of the Convention, to the appropriate committee. No ordinance shall be reported back from any committee until after the lapse of one entire legislative day. When any committee shall have reported to this Convention any article or section of the proposed Constitution, said article or section shall again be read at length, and three hundred copies thereof printed for the use of delegates; and such article or section shall lie on the table at least one day, and until in regular order it shall be taken up for consideration by the Convention.

Recommitment.

RULE 48.-Ordinances and reports may be recommitted at the pleasure of the Convention.

Yeas and Nays on Final Passage; Journal Entries; Re-Commitment.

RULE 49.-Upon the final adoption of any article or section of the Constitution, the vote shall be taken by yeas and nays and spread upon the Journal, and the article as adopted shall be spread upon the Journal and be referred to the Committee on Order, Consistency and Harmony of the Constitution.


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Ordinance, Title;  Paper Upon Which Written; Name of Introducer.

RULE 50.-The title of each ordinance shall state concisely its subject matter, and shall state the article and section of the present Constitution to which it relates, as far as practicable. Each ordinance shall be written on an entire sheet of paper, with the name of the delegate who introduces it, and the title of the ordinance endorsed thereon.

Minority Reports.

RULE 51.-When an ordinance or article is reported to the Convention and a minority report accompanies the majority report, the ordinance or article accompanying the minority report shall be considered an amendment and the same shall be printed and the ordinance or article shall be read a second time; and said ordinance or article and minority report shall be placed on the calendar and be considered on the third reading of the ordinance or article.

Engrossment and Enrollment of Ordinances.

RULE 52.-All articles of the Constitution, after their adoption by the Convention, shall be engrossed before their delivery to the Committee on Order, Consistency and Harmony of the Constitution, and after the report of said committee has been adopted by the Convention said Constitution shall be correctly enrolled.

Report of Entire Constitution to Convention; Action Thereon.

RULE 53.-The Committee on Order, Consistency and Harmony of the Constitution, shall report the entire proposed Constitution to the Convention, and the Constitution so reported shall be read and acted upon


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article by article, and section by section, and submitted to a vote of the Convention; if a majority of, the members present shall vote therefore the same shall be adopted, but if amended in any particular it shall lie re-referred with such amendments to the said committee, who shall cause the Constitution with the amendments so adopted to be rewritten and report the same to the Convention for its action. When the Constitution shall have been finally adopted by the Convention it shall be enrolled, and when enrolled it shall be again read and attested by the President and Secretary, and each delegate to the Convention personally shall sign his name thereto. The signature of a majority of the delegates present, if a majority of the Convention, shall constitute a sufficient attestation.

MISCELLANEOUS.

Definition of Terms “Ordinance,” “Resolution.”

RULE 54.-All propositions intended to be incorporated in the Constitution to be formed when herein referred to are designated as ordinances, and other propositions submitted to the Convention when herein referred to are designated as resolutions.

Rules; Suspension of.

RULE 55.-That the rules of the Convention shall not be suspended, except by a two-thirds vote of every delegate present, provided a quorum must vote.

Privileges of the Floor or Hall; Who Entitled to.

RULE 56.-The lobby or floor of the Convention shall be kept clear of all persons who are not entitled to the freedom thereof; and the persons entitled to such freedom of the hall shall be as follows, viz.: (1) Delegates and officers of the Convention; (2) clerks of the committees of the Convention; (3) bona fide representatives of the press.


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Rules; Rescission of; Punishment for Violation.

RULE 57.-None of the foregoing rules shall be rescinded without one day’s notice of the motion thereof being given; and a violation of either of them may be punished by such censure as a majority of the Convention may direct.

Mr. Knox offered the following amendment, which was accepted by the committee:

Add to the end of Rule 3:

“Upon the vote being taken, the Chair shall announce that the one or the other side of the question seems to have it; and wait a reasonable time for a demand for a division; when, if no such demand is made, the Chair shall state the decision.”

Mr. Jones, of Montgomery, offered the following amendment, which was accepted by the committee:

Add the following at the end of Rule 28:

“Except resolutions relating to the privileges of the Convention or its members, the orders of the day, motions to discharge the Committee on Rules from the Consideration of a resolution, or to order it to report back by a day certain.”

The report, as amended, was adopted.

ORDER TO PRINT.

Mr. Lomax moved that the Secretary be authorized to have five hundred copies of the Rules printed in pamphlet form, for the use of the delegates.

The motion prevailed.

Mr. Eyster offered the following resolution:

Resolved, That the names of the members of the various committees be printed in the same pamphlet heretofore ordered printed containing the rules of this Convention.

Mr. Cunningham offered the following amendment to the resolution offered by Mr. Eyster:

Amend by adding officers of Convention also, that the list of delegates, alphabetically, with post office address.


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The amendment was adopted.

Mr. Eyster moved that the rules be suspended and that the resolution be adopted. The motion prevailed, and the resolution, as amended, was adopted.

ANNOUNCEMENT OF STANDING COMMITTEES.

The President announced the following standing committees:

COMMITTEE ON JUDICIARY.-Smith of Mobile, Lowe of Jefferson, Walker, Pillans, Fitts, Fitts, Ferguson, Hood, Coleman of Walker, Cobb, Graham of Montgomery; Samford, Willett, Merrill, Taylor, Leigh, NeSmith, Duke, Espy, Davis of DeKalb, Ashcraft, Wilson of Clark, Heflin of Randolph, Kirk, Jones of Hale.

COMMITTEE ON ORDER, CONSISTENCY AND HARMONY OF THE WHOLE CONSTITUTION.-White, Selheimer, Spraggins, Jones of Montgomery, Williams of Barbour, Heflin of Chambers, MacDonald, Davis of DeKalb, Davis of Etowah, Weakley, Sollie, Craig, Martin, Pillans, Beddow, Moody, Carmichael of Colbert, Foster, Sorrell, DeGraffenreid, Norman, McMillan of Wilcox, Sanford, Sentel, Beavers.

COMMITTEE ON SUFFRAGE AND ELECTIONS-Coleman of Greene, White, Miller of Wilcox, Walker, Oates, Weatherly, Smith of Mobile, Jones of Wilcox, O’Neal of Lauderdale, Stewart, Howze, Pitts, DeGraffenreid, Morrisette, Rogers of Lowndes, Eyster, Glover, Chapman, Graham of Talladega, Grant, Hood, Harrison, Dent, Parker of Cullman, Handley.

COMMITTEE ON LEGISLATIVE DEPARTMENT.-Oates, Weatherly, Brooks, MacDonald, Heflin of Chambers, Lowe of Jefferson, NeSmith, Carnathon, King, Leigh, Jackson, Espy, Chapman, Pettus, Lowe of Lawrence, Reese, Rogers of Sumter, Porter, Sloan.

COMMITTEE ON LOCAL LEGISLATION.-O’Neal of Lauderdale, Watts, Vaughan, Whitesides, Almon, Sanders, Greer of Calhoun, Proctor, Wilson of


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Washington, Haley, Glover, Burnett, Waddell, Inge, O’Rear, Reynolds of Henry, Kyle, Banks, Reynolds of Chilton.

COMMITTEE ON EDUCATION.-Graham of Talladega, Ashcraft, Pettus, Bulger, Jones of Wilcox, Tayloe, Rogers of Sumter, Robinson, Williams of Barbour, Reese, Renfroe, Opp, Miller of Marengo, Inge, Locklin, Hodges, Altman, Bethune, Mac. A. Smith.

COMMITTEE ON TAXATION.-Browne, Pillans, Harrison, Handley,, Craig, Pearce, Kyle, Long of Butler, Searcy, O’Neill of Jefferson, Maxwell, Burnett, Winn, Kirk, Martin, Coleman of Green, Cunningham, Carnathon, King.

COMMITTEE ON EXECUTIVE DEPARTMENT.-Jones of Montgomery, Fitts, Lomax, Samford, Duke, Hodges, Norwood, M. M. Smith of Autauga, Vaughan, Williams of Marengo, Jenkins, Carmichael of Coffee, Howell, Spears, Hinson.

COMMITTEE ON PREAMBLE AND DECLARATION OF RIGHTS.-Lomax, Vaughan, Eyster, Fitts, Wilson of Washington, Browne, Cornwell, Barefield, Bethune, Carden, Carmichael of Coffee, Case, Blackwell, Bartlett, Phillips.

COMMITTEE ON CORPORATIONS.-Harrison, Rogers of Lowndes, Searcy, Graham of Montgomery, Coleman of Walker, Wilson of Clarke, Proctor, Ferguson, Williams of Marengo, Opp, Long of Butler, Burnett, Almon, Murphree, Cofer.

COMMITTEE ON REPRESENTATION.-Pitts, Williams of Marengo, Bulger, Knight, O’ Rear, Grayson, Almon, Greer of Perry, Davis of Etowah, Carden, Jenkins, Greer of Calhoun, Hinson, Norman, Gilmore.

COMMITTEE ON EXEMPTIONS.-Howze, O’Neill of Jefferson, Burns, Selheimer, Sorrell, Heflin of Randolph, Stewart , Morrisette, Long of Walker, Banks, Palmer, Reynolds of Henry, Eley, Grayson, Williams of Elmore.


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COMMITTEE ON MILITIA.-Wilson of Clarke, Greer of Calhoun, Jones of Montgomery, Spraggins, Burns, Waddell, Henderson, M. M. Smith of Autauga, Sanders, Palmer, Jones of Bibb, King, Williams of Elmore, Stoddard, Freeman.

COMMITTEE ON BANKS AND BANKING.-Fletcher, Handley, Cornwell, Ledbetter, Brooks, McMillan of Baldwin, Malone, Renfroe, Dent, Searcy, Parker of Cullman, Maxwell, Eley, Winn, Reynolds of Chilton.

COMMITTEE ON MUNICIPAL CORPORATIONS.-Weakley, Boone, Fletcher, McMillan of Baldwin, Beddow, Sanford, Howell, Parker of Elmore, Pearce, Whitesides, Knight, Kirkland, Mulkey, Phillips, Byars.

COMMITTEE ON STATE AND COUNTY BOUNDARIES.-Parker of Cullman, Reese, Beavers, Jenkins, Cobb, Miller of Marengo, Sentell, Parker of Elmore, Thompson, Moody, Gilmore, Jackson, McMillan of Wilcox, Malone, Blackwell.

COMMITTEE ON IMPEACHMENTS.-Hood, Miller of Wilcox, Grant, Haley, Sorrell, Bulger, Lowe of Jefferson, Merrill, Henderson, Long of Walker, Robinson, Mae. A. Smith of Autauga, Thompson, Willett, Cofer.

COMMITTEE ON AMENDING CONSTITUTION, AND MISCELLANEOUS PROVISIONS.-Foster, Merrill, Jones of Hale, Boone, Altman, Burns, Ledbetter, Norwood, Haley, Cunningham, Sollie, Sentel, Barefield, Lowe of Lawrence, McMillan of Wilcox.

COMMITTEE ON THE JOURNAL.-Proctor, Wilson of Clarke, Carmichael of Colbert, Kirkland, Foshee.

COMMITTEE ON SCHEDULES, PRINTING AND INCIDENTAL EXPENDITURES.-Heflin of Randolph, Greer of Perry, Locklin, Wilson of Washington, Barefield, Henderson, Carmichael of Coffee, Murphree, Jones of Bibb.


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RESOLUTIONS.

Mr. Bulger offered the following resolution:

Resolved, That whereas, the prosperity and welfare of our State depends upon the intelligence and integrity of our people.

That, whereas, in the past few years we have made rapid and permanent progress in providing facilities for educating the children of our State.

Therefore, be it resolved, It is the sense of this Convention that no backward step in education shall be taken, but this grand work will go on until a free public school is placed in reach of every white child in Alabama.

The resolution was referred to the Committee on Education.

Mr. Graham, of Talladega, offered the following resolution:

Resolved, By this Convention, that our President is hereby requested to extend an invitation to Dr. Jabez L. M. Curry, of Washington, D.C., to address this Convention on the subject of Public Education at his earliest convenience. The specific time and arrangements to be fixed by the Convention upon reply from Dr. Curry.

The resolution was referred to the Committee on Rules.

Mr. Coleman, of Greene, offered the following resolution:

First, resolved, That the rate of taxation relative to the State, counties and municipalities, as fixed by the present Constitution, shall remain unchanged.

Second, no county, subdivision of a county, district, or municipality, shall be authorized to issue bonds, or make contract involving pecuniary obligations, which are matured at a later period than twelve months from the date of such issue, or contract, without first having been approved by a majority vote by ballot of the qualified voters of such counties, subdivision, district or municipality, by an affirmative vote in favor of such issue or contract, and in determining the result of any


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election held for this purpose, no vote shall be counted as an affirmative vote which does not show on its face that such vote was cast in approval of such issue or contract, any legislative provision to the contrary notwithstanding.

The resolution was referred to the Committee on Municipal Corporations.

Mr. Burns offered the following resolution:

That the present limit of taxation, State, county and city, shall not be increased.

The resolution was referred to the Committee on Taxation.

Mr. Boone offered the following resolution:

Resolved, That the Secretary of this Convention be, and is hereby instructed to preserve five copies of printed stenographic reports of the proceedings of this Convention, and when said report is completed, cause the same to be bound and deposited in the office of the Secretary of State.

The resolution was referred to the Committee on Schedules, Printing and Incidental Expenditures.

Mr. Watts offered the following resolution:

Resolved, That the official stenographer be required to deliver each day to the Secretary of State 250 of the 1,000 printed copies of the report of the proceedings of the Convention for the previous day.

Resolved, further, That it should be the duty of the Secretary of State to preserve said 250 copies of said proceedings for such use as the General Assembly may direct.

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

Mr. Henderson offered the following resolution:

Resolved, That the new Constitution provide that the General Assembly shall have no power to enact any law in aid of or pertaining to the removal of the seat of government of this State from where it is now located.

The resolution was referred to the Committee on Legislative Department.

Mr. Henderson also offered the following resolution:


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Resolved, That it be provided in the new Constitution that representation in the General Assembly be based on population of all the people.

The resolution was referred to the Committee on Representation.

ORDINANCES ON FIRST READING.

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

Ordinance No. 1, by Mr. Brooks.

To Amend Sec. 3 of Art. II of the Constitution:

Resolved, That Section 3, of Article II of the Constitution be so amended that it shall read as follows:

After the ratification of this Constitution, no new debt shall be created against, or incurred by this State or its authority, except to repel invasion, or suppress insurrection, and then only by concurrence of two-thirds of the members of each house of the General Assembly, and the vote shall be taken by yeas and nays, and entered on the journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed three hundred thousand dollars, to meet deficiencies in the Treasury; and until the same is paid, no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the refunding, from time to time, of the bonded indebtedness of the State.

The ordinance was referred to the Committee on Taxation.

Ordinance No. 2, by Mr. Brooks:

Resolved, That Section 1 of Article XII of the Constitution be so amended that it shall read as follows:

1.-All able bodied male inhabitants of this State, between the ages of 18 years and 45 years, who are citizens of the United States, or have declared their intention to become such citizens, shall be liable to military duties in the militia of the State. And the General As-


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sembly may provide for the organization from among such citizens, for a State Naval Militia.

The ordinance was referred to the Committee on Militia.

Ordinance No. 3, by Mr. Brooks:

Resolved, That Section 23 of Article XIV of the Constitution be stricken out, and the following substituted:

No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accept, receive or consent to receive, for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, telegraph or telephone rates, from any person or corporation, or make use of the same himself or in conjunction with another. A person who violates any provision of this section shall be deemed guilty of misdemeanor, and shall forfeit his office at the suit of the Attorney General. Any corporation, or officer, or agent thereof, who shall offer or promise to a public officer or person elected to a public office, any such free pass, free transportation, franking privilege, or discrimination, shall also be deemed guilty of a misdemeanor, and liable to punishment, except as herein provided. No person, or officer, or agent of a corporation giving any such free pass, free transportation, franking privilege or discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefore, if he shall testify to the giving of the same.

The ordinance was referred to the Committee on Rules.

Ordinance No. 4, by Mr. Browne:

An ordinance to amend Section 2 of Article XIII of the Constitution. (Relates to public schools).

Be it ordained that Section 2 of Article XIII of the Constitution of 1875 be and the same is hereby amended to read as follows:

Section 2.-The General Assembly shall establish, organize and maintain a system of public schools throughout the State, for the benefit of the children


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thereof between the ages of seven and twenty-one years; provided, separate schools of the same length of term as those provided for other children, shall be provided for the children of citizens of African descent.

The ordinance was referred to the Committee on Education.

Ordinance 5, by Mr. Harrison:

An ordinance to prohibit vagrants from voting in this State.

1.-Be it ordained by the people of Alabama, in Convention assembled, that no vagrant as now defined by the statutes of Alabama shall be allowed to vote at any election in this State.

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

ADJOURNMENT.

On motion of Mr. Wilson, of Clarke, the Convention adjourned until to-morrow at 11 o’clock.